On August 12, 2021 Florida’s 1st District Court of Appeal confirmed receipt of our filing of 3 notices of appeal contesting the FDEP’s Final Order granting the owner at 105 Elm Ave, we also filed with the Clerk of the FDEP as required.
Three separate notices (1 for each litigant, our friends & neighbors and supporters) each were filed separately in the event a dismissal of their appeal was decided. It is likely and desirable that these THREE appeals will be consolidated by the court, next we filed Motions to Stay pending review in order to buy opportunity to completely argue our case against their ruling.
UPDATE:
We were told this process would take at least 300 days, then will go for the City of Anna Maria to decide and so the long process begins again at the city level.
September 10, 2021: WE MADE a decision to drop the appeal, we were given a 20% chance we might win, we feel we did all we could against the State department but lost 3 rounds because they did NOT do the right thing for Anna Maria Island. Why continue and further the losses on the State level? Our motion to Stay longer in appeal process went straight to the veteran FDEP attorney (now judge) who went backward on their own rules of protection.
They (FDEP) opened the door for lawsuits from all dune lot owners, IF to build forward of the established and previous protected conservation lines, they allow 105 elm, they must allow all the others, they essentially destroyed the LINE in the actual sand of sea forward lots along North Shore to Bean’s point, Anna Maria Beaches, more densely populated and more residential? Our lawyer made a statement that didn’t even make sense, he said allowing 105 Elm to build “wouldn’t change the density of the island” . I call this “gaslighting”, This would absolutely mean the change in density Mr. LEVIN and the “DOMINO effect” and the ruin of the Anna Maria we all know and love, it will mean more cars, more rentals, more, more and more is not good for an island, we have a limit.
October 1, 2021: There is no road access to the 105 Elm lot, there is no infrastructure (electrical and water) and as it stands the lot owner would be responsible for the cost. Ultimately this decision is and has been in the hands of the City all along, anyone can ask for a letter of no objection (LONO) from the city, they gave this lot owner a LONO in Feb 2020 in short order. This is what began this case, we are sounding the alarm to the public and especially our residents. The entire case would be hidden if not for what we are telling you and we need your help, follow the city commissioners’ meetings, ask the City of Anna Maria’s Local officials to “Do the Right Thing”! Do not permit extension of any of our sea forward streets into the dunes, do not grant a building permit at 105 Elm Ave.
ENOUGH IS ENOUGH ON OUR
LITTLE ISLAND OF PARADISE!
We have something rare and precious here, TOGETHER (over 1500 strong) we need to HOLD THE LINE!