Stephen Noble, the John Anderson Highway resident who has long opposed the development and annexations of Veranda Bay and Summertown into Flagler Beach, on Wednesday dropped his lawsuit against the city.
That means the annexations are now uncontested. Since the 30-day window has elapsed since the City Commission’s second reading of the annexation of Veranda Bay has closed, no new lawsuits may be filed. Flagler County government dropped its legal challenge against the Veranda Bay annexation in early March.
The annexations of the 756 acres, clearing the way for the development of some 2,200 homes and over 800,000 square feet of commercial space, are a done deal.
Noble’s attorney, John Tanner, filed suit on March 30, seeking a judgment invalidating the Veranda Bay annexation by arguing that the 125-some existing property owners in Veranda Bay had not affirmatively signed petitions approving the annexation. Ken Belshe, the developer representing SunBelt Land Management, the company leading the development, told the county and the city that every property owner signed that concession as part of covenants when buying the property. The city accepted that explanation. The county eventually did.
Even before the Noble suit, Tanner–also a John Anderson Highway resident–had been an ardent opponent of annexation, and had argued along the same grounds as the writ he filed did.
“My client was offered a deal he couldn’t refuse and he didn’t refuse it,” Tanner said, explaining why the suit was dropped. “He was given some property, and we are getting the costs of attorney fees and the cost of filing the suit paid by the developer for us.”
The settlement also includes a mutual release: Noble will never sue the developer again, and the developer–who has sued Tanner before, and lost–will never sue Noble.
City Attorney Drew Smith informed the Flagler Beach City Commission of the dismissal last night. “That does put that issue to bed,” Smith said.
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