Lawyer: Hotel suit to proceed

Lawyer: Hotel suit to proceed

St. Augustine board had denied project that would have razed 7 downtown homes

By KATI BEXLEY
kati.bexley@staugustine.com
Publication Date: 10/27/08


When St. Augustine city commissioners denied contruction of a hotel that would have demolished seven homes in a historic district, the property owner filed a lawsuit.

That was in June, before the economy plunged. Now three of the properties are in foreclosure, and City Attorney Ron Brown said the lawsuit is abated, meaning it's on hold.

"The city hasn't even responded to (the suit)," Brown said.

But property owner Donna Wendler's attorney, Ellen Avery-Smith, says the project isn't dead.

Avery-Smith, of Rogers Towers, St. Augustine, said Wendler will move forward with the suit after the General Election on Nov. 4, which could put new faces on the City Commission.

Avery-Smith said an abatement is normal in many lawsuits in an attempt to reach an agreement before moving forward with litigation.

"We very definitely will pursue this lawsuit," Avery-Smith said. "The ultimate goal is to get it resolved without having to go through years of litigation."

She said she was unaware that Wendler's properties were in foreclosure.

Wendler did not return a call for comment.

Jerry Dixon, Wendler's arichitect for the project, said he has a few liens on Wendler's properties because he hasn't been paid.

He doesn't believe the case will go to court because of lack of funds, but he said "it's a shame" because he feels Wendler would have won.

"It's unfortunate it's come to this," he said. "It's a combination of the economy ... (and) she put all her hopes into this. She spent a lot of money trying to pursue this idea.

"It's really a shame because we could have had a good project, but now we have a bunch of rundown homes that will never be fixed up."

Donna Wendler wanted to tear down the seven homes she owns, located on King and Oviedo streets, to build an 80-room hotel. According to court documents, Wendler is not asking for money in the lawsuit. She is asking a judge determine whether the city was wrong in denying her application.

The suit alleges the City Commission and the Historic Architecture Review Board did not give Wendler fair and unbiased hearings and that there is not substantial evidence to support the boards' denials of the demolitions.

If the suit moves forward, Circuit Court Judge Michael Traynor could review the case. If he rules He could ask the city to look at Wendler's application again or he could uphold the city's decision.

In November 2007, the Architecture Review Board turned down Wendler's demolitions. In April, Wendler appealed the Historic Architectural Review Board's decision to the City Commission and lost.

In the hearings before both boards, many residents from the neighborhood surrounding the properties were against the project.

Wendler also told the boards she needed to demolish the homes because of economic hardship from the rising cost of taxes and insurance. She also said it would take an enormous amount of money to bring the old homes up to city code.

The suit says the city failed to show that her claims were not true.


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