Preserve Flagler Beach and Bulow Creek, the citizens’ group opposing in the main the development of The Gardens, on Friday won a small procedural step in a court appeal what, so far, has been a losing battle against the proposed development of 335 homes along John Anderson Highway south of State Road 100.
The Flagler County Commission approved the development in a divided vote in November 2020. Preserve Flagler Beach sued, lost in Circuit Court, and last October appealed to the Fifth District Court of Appeal in Daytona Beach.
In early January, Brent Spain and John Tanner, the attorneys representing Preserve, requested oral arguments from the court–not necessarily a given in cases on appeal. The court within days issued an order that it would not hear oral arguments. But it gave both parties a 10-day window to appeal that. Preserve did so within the time window. The Gardens, known by its corporate name as Palm Coast Intracoastal, filed an objection to the request for oral arguments, and was joined by Flagler County.
Preserve filed a motion to strike the objection, calling it untimely: it was filed 11 days late. On Friday, a three-judge panel of the court agreed. That, in essence, is what Preserve is taking as a victory. “It doesn’t mean a whole lot except they’re listening to us,” Tanner said. “Little small victories.” The court has not yet ruled in response to Preserve’s second request, on whether it would even hold arguments.
So the case remains a long shot for Preserve–it is on appeal of a decision by Circuit Court Judge Terence Perkins, a close reader of laws, ordinances and codes that makes it difficult for the appeals court to find vulnerabilities in his reasoning–and a continuing headache for the developer. Preserve is arguing that the county did not abide by its own land development code when it approved the project, and that Perkins’s order denied standing (or upheld the county denying standing) to people neighboring the zone of the proposed development. Opponents were heard at length during the hearing before the commission, but not as individuals with legal standing.
Stop the growth says
With all the growth in Flagler County, there is rumor that the city of Palm Coast is thinking about a name change, calling itself New Orlando!
Celia M Pugliese says
Kudos to Tanner/Spain attorneys! Success to the John Anderson and other nearby resident seriously affected by this project. You know whom to vote out next election for the FCBOCC. Thank you to Pierre and Flagler Live for keeping us informed and lets make sure we preserve their informative presence among us by sponsoring when we can as for sure he endure the relentless attacks from radio waves by the local Trump Club and the two lected ones that disserve us. We should all learn that we need to battle the proper way as Protect Palm Coast and beloved late community leader, family man and friend Engineer Lou Vitale and neighbors successfully did and now Preserve Flagler Beach and Bulow Creek are doing! Lets unite and support them because this undermining and sick planned growth by changing our county and city original development plans to serve greed is growing like a cancer without treatment that ultimatley will affect all.
Linda Morgan says
I sure would like to know where the Flagler County Planners and Commissioners will recommend parking to all of these new residents when they want to go to the beach!! Remember, there is a hotel going up in the middle of town. Residents of Flagler Beach have a hard enough time finding parking spaces so we can go out to eat. Maybe you should stay at the Topaz for a week and see how it really is.