Court: City right in denying Fish Island

Court: City right in denying Fish Island



By KATI BEXLEY
kati.bexley@staugustine.com
Publication Date: 02/21/08


The city of St. Augustine has won a round in court over the proposed Fish Island dock and marina, an action that the city hopes will bolster its defense in a $9 million lawsuit the developer has filed against the city.

Circuit Judge Michael Traynor ruled Wednesday that the St. Augustine Planning and Zoning Board's and the City Commission's denial of the dock in May and June was legally sufficient.

The judge wrote that the commission's decision was "... based on competent substantial evidence, (and) the Board did comply with the ... law, and (the developer) was afforded procedural due process."

But the city might still have to battle Fish Island Development LLC in a nearly $9 million lawsuit. The developer claims the city's decision will cause $2.7 million in value loss to the property and $6.2 million in value loss of future marina sales, totaling $8.9 million, according to court documents.

"(The developer) could say just because the denial was legally sufficient that doesn't mean it doesn't burden our property," City Attorney Ron Brown said. "The city doesn't believe that, and this (ruling) can only help us."

Fish Island's attorney, Richard Maguire of Rogers Towers P.A., did not return calls for comment. Fred Halback of Halback Design Group, who designed landscaping for the upscale project, did not want to comment because he not yet spoken to the developer, Jim Young of Jacksonville. Young could not be reached for comment.

Fish Island Development sought a dock and marina as part of its planned upscale development on Anastasia Island south of the Mickler O'Connell Bridge (S.R. 312). The proposed dock was to be more than 1,200 feet long and about 10 feet wide to accommodate golf carts. The marina was to hold 100 fifty-foot yachts.

Opponents of the project said they were concerned about safety, erosion, destruction of the environment and loss of the Fish Island vista to the public.

The city's Planning and Zoning Board denied the project twice and the City Commission supported the Board's denial.

Once the developer gave notice on Jan. 17 of the potential lawsuit, the city has 180 days to either settle with the developer or look at other ways the developer can use the property.

If a resolution is not found during that time, the developer can then move forward with his lawsuit.


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