That's the lesson the South End's Carlton Place Condominium learned when officials unanimously denied granting retroactive approval to two pickleball courts that were put in place without the town's go-ahead. The courts have generated complaints from neighbors about the loud thwak of pickleball paddles hitting the plastic balls used in the sport. Landscape Architect Dustin Mizell of Environment Design Group told the council the condo converted its tennis courts to pickleball courts in 2023, but the change had gone largely unnoticed until recently, likely tied to the sport's rising popularity. The courts are on the west side of the oceanfront condo development at 3140 S. Ocean Blvd. "So, this court has been in operation for three years," Mizell said during a Sept. 9 Town Council meeting. On top of that, he said, the town's then-attorney, William "Skip" Randolph, had told the condo's lawyer, Lisa Reeves, that the courts did not require the town's approval. The condo's request comes after code-enforcement officers opened a case against Carlton Place in April following a complaint from a resident about the unauthorized courts, according to a Town Hall staff report.

The Palm Beach Town Council has ordered the South End's Carlton Place Condominium to change its pickleball courts back to tennis courts. Officials denied a request for a retroactive approval of the pickleball facility.

 

"We've been operating in good faith thinking we were OK, until we got the (town's) notice," Mizell said.

That code-enforcement case had been paused, as staff awaited the outcome of the Town Council hearing. The condo has not paid any fines or appeared before the town's Code Enforcement Board, the report states.

By the time Mizell appeared before the Town Council on Sept. 9, multiple neighbors had sent letters to the council about the noise generated by the courts.

"I live near this property, and the effect of these courts on daily life has been considerable," wrote William John Mikus, who lives just south in The Enclave of Palm Beach. "Pickleball generate a persistent, sharp popping noise from paddle contact that is fundamentally different from, and far more intrusive than, the sound of a tennis match."

The Enclave's general manager had also sent a letter in opposition to the pickleball courts on behalf of the condo's board of directors.

Pickleball's rise in popularity has been met with controversy in Palm Beach County, with courts becoming the subject of multiple legal disputes.

In Palm Beach, pickleball was at the center of a heated April 15 Town Council hearing that saw council members excoriate the Four Season Resort Palm Beach for converting its tennis courts into pickleball courts without Town Hall approval. The council ordered the resort to remove the unauthorized courts.

In Carlton Place's case, council members denied the condo's proposal and special-exception request tied to changing the tennis courts to pickleball courts.

But council members avoided harshly chastising the condo's leadership, acknowledging the building's previous outreach to the town's attorney.

"I can see how they inadvertently got here," Council President Ted Cooney said.

Although Mayor Danielle Moore said she did not want to hit the condo with a harsh penalty, she also said the council had set a precedent of denying approvals for pickleball courts installed without the town's approval.

Her colleagues concurred.

"I think it was done with good intentions, but I do think granting retroactive approval awards a process that bypasses proper review, and sets a not good precedent," Council Member Nicki McDonald said. "I think the sequence (of events) matters."

With the denial, Carlton Place must convert the pickleball courts back to tennis courts and wait a year before filing any proposal to reinstall the pickleball courts.