Attorney Arthur
Hardy, the town’s
representative,
said, “We are
pleased that the
court, after hearing
testimony and
argument for over
six hours yesterday,
concluded that the
plaintiffs’ request
for an injunction
should be denied and
that the town may
proceed with the
demolition of the
structures.”
Longboat Key is
moving forward with
the demolition
process, Town
Manager Tom Harmer
said Thursday.
“We recognize that
issuing an emergency
order to demolish
private property is
a decision not taken
lightly,” he said.
“The conditions at
that site have
continued to
deteriorate to the
point that action
must be taken now.
We appreciate the
Judge’s recognition
of the dangerous
conditions that
exist.”
The town has
completed walk-throughs
with demolition
contractors.
“The next step is
for them to submit
their proposals to
the town,” Harmer
said. “Those
proposals are
expected to be
received within the
next week. Our
intent is to quickly
review them to
select the
contractor to
proceed with the
demolition.”
Longboat Key issued
the emergency order
to raze the
buildings at the
vermin- and
termite-infested
resort after deeming
the condos to be
“unsafe and unfit.”
The town
commissioned an
independent
engineering firm to
examine the
buildings three
times and each
report found the
Colony site was a
public nuisance with
dangerous structures
in unsafe condition.
The town’s response
to the owners’
lawsuit cited the
extensive litigation
since the Colony
closed in 2010; that
its deteriorating
condition had been
well documented; and
a prior judicial
ruling affirming the
decay in a civil
case the Rabins
lost. The town also
argued that the
plaintiffs had
plenty of time —
eight years — to
correct the
deficiencies in
their properties but
failed to do so.
Points won
and lost
Lobeck said his
clients won two of
the four key points
in the judge’s
decision. One, that
the plaintiffs will
suffer irreparable
harm with demolition
because the condos
can’t be rebuilt
under new laws and,
two, that there is
no adequate remedy
in statutes.
“They can’t be made
whole with money,”
he said.
Carroll ruled in
favor of the town on
two others, Hardy
said. “The town
properly exercised
its police power
authority in
ordering the
demolition;
therefore, the
plaintiffs will not
be able to establish
a due process
violation and thus
cannot show a
likelihood of
success on the
merits.
“And, two, the town
has shown there is
an imminent danger
to the public and,
therefore, the
public interest
vastly outweighs the
private interests of
the plaintiffs.”
Once a world-class
destination, the
Colony collapsed in
a legal quagmire
about a decade ago,
closed and has
continued to
deteriorate.
As prescribed by the
town demolition
code, the building
official and fire
marshal determined
that the conditions
of the structures
threatened the
public’s health,
safety and welfare,
and the judge agreed
that hazards
existed.
The owners’ lawsuit
states that an
“imminent” danger to
citizens does not
exist because the
town requires the
entire property to
be fenced and the
resort’s governing
condominium
association bans
entry by the public
and owners.
The judge ruled
against that
argument, citing
evidence that town
police have 10
incident reports of
trespassing and
there were holes in
the fence.
“Our goal continues
to be focused on
addressing the
unsafe conditions as
soon as possible,”
Harmer said. “We are
also very aware that
we are now in
hurricane season and
would like to see
the demolition move
forward in as timely
a manner as
possible.”
Redevelopment still
undecided
Once the land is
cleared, how it will
be redeveloped
depends on more
court battles.
Chuck Whittall,
president and
founder of
Orlando-based
Unicorp National
Developments, said
Saturday that the
company is
progressing with its
plan to build a
166-room,
78-condominium St.
Regis Hotel and
Residences at the
Colony site. The
town of Longboat Key
approved the
proposal in
mid-March. Unicorp
already owns at
least 66 percent of
the condominiums as
well as 95 percent
of the recreational
and commercial
property.
Adams and the Rabins
contend that Unicorp
doesn’t control
enough of the condos
to lay claim to the
property.
Whittall is
proceeding with a
lawsuit that would
strip the holdout
condo owners of
their ability to
halt the
redevelopment of the
property. That
lawsuit seeks to
terminate their
condominium
ownership without
their consent on the
grounds that the
property is an
economic waste,
decrepit
and a threat to public safety. The condo association board has already signed a development agreement with Unicorp.
Under normal circumstances, the state requires a developer to own 95 percent of a condo community in order to gain control of the property.
Even if Unicorp Acquisition LLC wins the termination lawsuit, that doesn’t guarantee the company gains ownership. The more likely outcome is a public auction of the property, Lobeck said.