Editor: As a member of the St. Augustine Planning and Zoning Board, I cannot comment on the merits of the Fish Island marina project because it may yet come back before that board. But I must comment on the state Bert Harris Act (state property rights law) that forced the city to yield.
As our city attorney explained that law, the city was under a grave risk of suffering a civil penalty of up to $9 million if the county court found the city's denial of the applicant's marina plan imposed an "inordinate burden" upon his expectations for development of the property and if a jury then chose to award damages.
Several of our commissioners were clearly spooked by his presentation. Commissioners were told that even though their denial of the original marina proposal was upheld by the very same county court as lawful, the Bert Harris Act made them powerless to do anything but cave in to this risk.
I think it's important to protect property rights, but the way this law was explained, it emasculates a city's ability to control growth by placing all the cards in the hands of the developer. The developer can just sit back and watch the city negotiate against itself in fear until he agrees to a compromise, even though the city has otherwise acted lawfully in saying "no" to a particular design. This is how the Florida Legislature expects the Nation's Oldest City to protect and preserve our nation's heritage?
We're told many other Florida communities have suffered under the imbalance of this law while trying to preserve their own sense of place. But they don't have our rich history.
It won't be easy to make this law more balanced given the Legislature we have today, but someone should take the lead. Why not St. Augustine City Commissioners?
Bill Leary
St. Augustine
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