Cross Street right of way remains vacated by the city

Citing communitywide PTSD in the aftermath of the impact of three tropical weather systems and unfortunate timing, Sarasota City Commissioner Jen Ahearn-Koch mounted an unsuccessful bid to rescind the commission’s Nov. 4 approval to vacate the Cross Street right of way. 

Developer Orange Pineapple LLC secured the vacation of the one-block one-way street just south of Ringing Boulevard, which is not owned by the city. Ahearn-Koch had been on the short end of the 3-2 vote to vacate, but a turnover at the dais in Kathy Kelley Ohlrich replacing Erik Arroyo potentially left the door open for a reversal.

After hearing of the potential legal ramifications from attorney Bill Merrill, who represents the developer, and City Attorney Robert Fournier, Ahearn-Koch’s motion failed 4-1 with former ally Vice Mayor Debbie Trice this time voting with the majority.

“To say that we were shocked and surprised about this when we first learned about it, is an understatement,” Merrill said. “My clients are very upset and very concerned about this.”

As for the post-hurricane PTSD rationale, Merrill said, “I'm not suggesting there wasn't (PTSD) in our community. I don't think that the City Commission had that and it was never raised at that time. Why would you raise it afterwards when you didn't raise it at the hearing itself? There was nothing about the hurricane during that time, so I just failed to believe that that is a justifiable explanation of reason.”

Added Mayor Liz Alpert, “We didn't have our right mind at the time? I knew what I was voting on. I knew what we were doing, and I was absolutely for it. I didn't need more details. And the other justifications are just basically a rehash of the same argument of the merits of the case.”

In his remarks to the commission, Merrill said the developer had already begun executing processes prescribed in the street vacation ordinance, including granting four easements to private parties that have been recorded and cannot be reversed. 

Making the case about the 16-month process leading up to the Cross Street vacation, Merrill said, “I think you'd have equitable estoppel and detrimental reliance claims against the city, and this is hundreds of millions of dollars we're talking about here. … The clients have relied on that. They have property rights, and to reverse that now is going to be very detrimental to the city as well as my clients.”

Had the motion to rescind been successful, it would not have reversed the decision at this time but rather would render moot the 3-2 approval on second reading. That would have required another public hearing early next year and another vote to affirm or invalidate the first reading approval.

It would have also given the community, Ahearn-Koch argued, which was distracted by hurricane damage at the time, a greater opportunity for input.

Commissioner Kyle Battle countered rescinding an approved agreement with a major developer would establish a precedent detrimental to the city, and that there many in attendance at that meeting to provide input on other agenda matters.