Article Courtesy of
By Sten Spinella
Published September 8, 2019
Town leaders, present and
past, are on Unicorp National Development
Inc.'s witness list in phase 2 of its legal
proceeding to gain control of the former
Colony Beach & Tennis Resort property for
its development plans. The Orlando company
proposed to build a luxury hotel and
condominium project on the land, made easier
if it can gain another favorable ruling in
court, in the spring of 2020.
Unicorp, which filed
suit in early 2018 to disband the Colony Beach & Tennis
Resort's condo association, included a who’s who list of
town and county leaders and employees in its preliminary
fact and expert witness lists. Among them:
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Chuck Whittall,
Unicorp CEO;
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Maggie Mooney,
Longboat Key town attorney;
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Allen Parsons,
Longboat Key director of planning, zoning and building;
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Alaina Ray, former
planning director for Longboat Key;
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Six of the sitting
seven town commissioners, excluding Mike Haycock.
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Former
Commissioner Jim Brown;
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Jay Yablon, Colony
Beach & Tennis Association president;
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Tom Harmer,
Longboat Key town manager, and;
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Stan Dinwoodie,
Longboat Key building official.
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Chuck Whittall, CEO of Unicorp National Developments
Inc., was on hand in July 2018 when demolition of the Colony BEach &
Tennis Resort structures got underway.
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The court documents indicate summaries of anticipated
areas of expertise for each of the witnesses.
Whittall, Mooney, Ray, the town commissioners, Yablon and
Harmer are expected to speak on the “Inability to redevelop or rebuild the
Colony without the approval and consent of the Recreational Property’s
owner; Indivisibility of the Colony Property and the favored remedy upon
termination as viewed by the Town for the benefit of the Public; Matters
related to the redevelopment of the Colony property; and Facts related to
the parties’ affirmative defenses and replies to same.”
Parsons is expected to testify about this and about the “Status of the
former Colony Beach & Tennis Resort property” as well as “All matters
related to the town resolutions and density related issues.”
Dinwoodie’s testimony will consist of the aforementioned components in
addition to “Issues raised and the facts included in the notices of intent
to demolish the structures at the former Colony Beach & Tennis Club Resort.”
Unicorp’s witness list extends beyond this group. Expert witnesses will
discuss "the historical condition of the (now demolished) structures on the
condominium-owned portions of the former Colony Beach & Tennis Club Resort
(the “Condominium Parcel”),” “the options for the sale and disposition of
the Condominium Parcel,” “that the Condominium Parcel is not divisible” and
“facts related to density” and “land use.”
One of the condo unit owners fighting Unicorp's plan, Yeno Mon, Inc., lists
property appraisers as expert witnesses, according to court documents.
Colony Beach & Tennis Club Association, Inc., lists Yablon, the Records
Custodian for the town of Longboat Key, Dinwoodie, Parsons and “All former
and current Town of Longboat Key officials with relevant knowledge regarding
the facts in this matter,” among other witnesses.
In July, a Circuit Court judge cleared a path to terminate the condominium
association of the former Colony Beach & Tennis Resort. The finale of all
this legal maneuvering could come in April of 2020, when the judge will
consider at least three possible options:
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Setting a price per unit with three or four different
classes of units. Whittall would buy those units;
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The property could be carved up between those who claim
responsibility for it, and;
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A public auction for the property in which anyone could
bid.
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