Hats Off to the County for Victory in Long Bar Pointe Case

Too often it seems, a political columnist is forced to dwell on negative outcomes or dubious decisions. Trust me, I'd always prefer to celebrate a happy ending, and this story provides just that.

On February 24, Manatee County prevailed in a lawsuit filed by politically-connected developer Carlos Beruff over the limitations imposed on his controversial Long Bar Pointe project by the county's comprehensive land use plan. The importance of this victory would be hard to overstate.

Long Bar Pointe is a series of housing developments Beruff is building on the last major undeveloped portion of Sarasota Bay in southwest Manatee County. Had Beruff and his partner on the project, Larry Lieberman, gotten their way, protected mangroves would have been replaced by a stone promenade, a marina, a navigational channel, and possibly a hotel, all just south of the historic Cortez fishing village. Among other worrisome concerns, it would have required a major dredging in a very environmentally-sensitive area that is critical to our local fisheries and sea grass formations.

The county approved the project only after the BOCC appeared to have reached a deal of sorts with the developers, who agreed to withdraw the hotel and marina portion of their application during a contentious meeting that drew so many members of the public that it had to be moved to the local convention center. Only once they got the nod on some of what they wanted, Beruff and Lieberman turned around and filed suit in order to get the rest.

The lawsuit challenged the constitutionality (both state and federal) of the Manatee County Comp Plan policies related to dredging of canals, channels and marina basins and the construction of boat ramps, as well as restrictions to protect our coastal wetlands, shorelines and submerged land. Had they prevailed, it would have set a disastrous precedent in terms of a community's ability to make such decisions regarding some of its most critical resources.

State law provides for counties in our coastal zone creating a separate element in their comp plan addressing coastal management, including restrictions on development to protect coastal resources. Beruff and Lieberman alleged that the county's policies denied them of due process by depriving "common law rights of owners of submerged land and littoral easement interests." The county maintained that because the rules had been in place for decades prior to the developers acquiring the land, they made their investment knowing full well what the restrictions on developing it would be.

Last year, 12th Judicial Circuit Judge John Lakin rejected Beruff and Lieberman's argument. The developers then appealed the case, which came before Second District Court of Appeals. The Second DCA upheld Lakin's decision, issuing a "Per Curiam Affirmance," which is not able to be appealed to the Florida Supreme Court. That means it's over and no hotel or marina are coming to Long Bar.

While the county seemed to clearly have the law on its side, that hasn't always mattered when big-money developers have wanted to get their way. Beruff hired a rather formidable attorney for the appeal in Sarasota-based Bill Moore, a land use/eminent domain lawyer who's built a reputation over the last four decades as one of the best attorneys in the state when it comes to these kind of complex land use issues. With a wealth of trial experience, Moore is no stranger to the courtroom and certainly improved Beruff's odds for victory.

By all accounts, the county's chief litigator, Chris DeCarlo, did a spectacular job not only in the initial proceedings, but as the county defended its case before the DCA as well. It was also nice to see the county working together with FISH and Suncoast Waterkeeper, who joined the case in late 2015. Too often, the county and such environmental groups are seen on opposing sides when it comes to development issues, so to have them seeing eye to eye and fighting side by side on this one was an inspiring turn of events that we can only hope to see more of.

Sarasota Bay has been recognized by Congress as an estuary of national significance. SBEP estimates its economic impact at nearly $2 billion, while sustaining nearly 22,000 jobs. It's not only a local ecological treasure, but a serious economic engine, the health of which cannot be taken lightly. Simply put, like many things in this community, it is worth fighting for.