Beruff Fails in Bid to Sue County Over Long Bar Pointe
Posted
Staff Report
BRADENTON – On Friday, the Second District Court of Appeal issued a Per Curiam Affirmance (PCA) in the matter of Long Bar Pointe LLLP–Cargor Partners VIII v. Manatee County. This means that the County has won on every issue in the litigation. Because a PCA is not appealable to the Florida Supreme Court, this means the case is over and developer Carlos Beruff has lost.
In an email to county commissioners, Manatee County Attorney Mitchell Palmer wrote:
"The Board will recall that, in this case, the developer challenged the coastal element of the County’s comprehensive plan and alleged that its property had been unlawfully 'taken' by the County. The developer initially valued his takings claim at $18 million. Circuit Judge John Lakin issued an order on January 14, 2016, ruling in the County's favor on all issues in the case. By virtue of today's PCA, the appellate court agrees with Judge Lakin. The County owes nothing to the developer."
Palmer told commissioners that chief litigator Chris DeCarlo "acquitted himself splendidly, both in the final hearing before Judge Lakin and in the recent oral arguments before the appellate court in Tampa," while calling out DeCarlo's "outstanding supporting cast" consisting of Assistant County Attorney Anne Morris (who wrote the County's appeal brief), ACAs Bill Clague and Kate Zamboni, paralegal Carol Owsianka and legal assistant Tracy Hanrahan.
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