Barely a month after the Flagler County Commission approved a costly settlement with the developer of a planned 204-boat storage facility in the Hammock, a neighbor of the 4-acre parcel and the Hammock Community Association have sued county government and the developer, challenging the settlement agreement.
The lawsuit, filed in Flagler County Circuit Court on Tuesday, asks the court to quash the site plan for the boat-storage facility that the County Commission approved concurrently with the settlement agreement.
The lawsuit was filed by the HCA, a nonprofit that represents area residents and by Kathy Viehe, whose property adjoins the north end of the Hammock Harbour property at 5658 N. Oceanshore Boulevard, or State Road A1A, near Hammock Hardware. “Indeed, given the proximity of Ms. Viehe’s home to the proposed dry-stack boat storage facility,” the lawsuit states, “Ms. Viehe will be directly and adversely impacted by the site plan approval.”
“Similarly, given the HCA’s interest in the protection of the Hammock Area, including the County’s A1A Scenic Corridor Overlay District,” the complaint continues, “the HCA and its members will be directly and adversely impacted by the site plan approval.”
The complaint alleges that the county’s decision violated land use regulations and is not supported by “competent substantial evidence.”
The HCA won a lawsuit against the county and the Hammock Harbour development in 2020 on similar grounds, when a judge invalidated a 2019 decision by the County Commission that had cleared the way for the development. The judge found that the commission had reached its decision without competent evidence.
The lawsuit this time is not a surprise. Hammock Harbour and the county expected it. Hammock Harbour, owned by developer Bob Million, sued the county in federal court when the county rejected–against its counsel’s recommendation–an earlier settlement that would have allowed the boat storage facility, without the additional cost that came with last month’s settlement: $550,000 the county must pay Hammock Harbour.
The county had insisted that Hammock Harbour should get a “special exception” to build its facility. Hammock Harbour disagreed. A judge never ruled on the merits of the developer’s argument, and the county all along argued that Hammock Harbour could have gotten nearly all it wanted had it merely gone through regulatory steps. The county finally opted to settle. Hammock Harbour’s plan includes a marina and a restaurant, and possibly additional shops.
The HCA’s previous lawsuit was filed by Flagler Beach attorney Dennis Bayer. The latest lawsuit was filed by Brent Spain, an Orlando attorney who specializes in land use law.
FedUp says
Bob Million should move on and build his marina elsewhere. It’s clearly not wanted in the Hammock.
Laurel says
GOOD! I hope the HCA wins! The greedy just drool over developing this lovely maritime hammock into oblivion. I’m sick of these guys coming in and getting special treatment by the county, made up of people who don’t live here. I’m also sick of commercial businesses pushing their way into residential neighborhoods nextdoor to people’s homes. This is our homes, not a playground for those who don’t care about it.
celia says
I wish all the success to those affected neighbors in our beautiful Scene Highway A1A trying to preserve their peaceful quality of life and safety. I see you hired the Best Land Use Attorney Mr. Brent Spain in Florida that we “Protect Palm Coast Group” hired in 2021 and represented us so well in our case in Palm Coast.
celia says
Land Use Attorney Brent Spain does not take a case if he thinks he is not going to win! Maybe… Veranda Bay next. This is why I say lets do not mess up with our Palm Harbor Golf Course and let it be… as Brent Spain warned.
celia says
Is very sad that we have to use attorneys and end up paying both ways, our legal representation and also the legal “team” of the county or city staff and elected, that didn’t want to hear our pleads over and over, even with tears we pleaded and anyway pushed and voted for the illegal rezonings or original Master Plan Development (MPD’s) negative changes that ruled and protected our homes or business, when we bought them. The satisfaction of greed under any frivolous excuses reigns in Flagler County and cities and probably allover Florida. As is costly to hire representation residents just plead, beg and endure and one after another these damaging approvals become reality. Residents get intimidated with SLAPP thrown out of court suits, with our very government suing its constituents etc. If every grandfathering used amenity (community pools) or sport court lost, rezoning would have ended in the hands of an attorney like Brent Spain we would not have lost it…It should not have ever been about “the wants but about the needs” that Mr Spain represents.
Mark says
Let’s see it was a boat facility for 40+ years and the owner wishes to open it back up as a boating facility again, which I’m sure more than a few Hammock residents will use. Seems that’s like moving next to railroad tracks, even though a train hasn’t passed that way in a long time, then suing because the railroad decides to activate the tracks again.
Laurel says
Mark: There is a huge, huge difference between building one yacht per year, and launching it, and having multiple boats being launched and retrieved by beeping machinery daily. Did you not know that, or are you being intentionally disingenuous?
Laurel says
There is also a huge difference in traffic.
Will Depress says
Build it!
It will be a
great asset to the area!
Ed White says
We expect development in the Hammock to be kept to a size and nature that is congruous with our beautiful, quaint residential/light commercial environment. Many dedicated, unpaid local volunteers, as well as county staff and the BOCC, worked long and hard over the years to develop rules (Land Development Code with Scenic A1A Overlay) to protect us from such development. We thought development like this was prohibited. We thought we were protected. We welcome a restaurant. We welcome a store. We would even welcome a small marina. But not a 30,000 sq ft 200+ boat warehouse with beeping forklifts dawn to dusk. Too big. Too loud. Too much traffic. Just follow the rules.