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A company argues that destroying the Hazelton Townhomes project violated its civil rights.
By JON WILSON, Times Staff Writer
© St. Petersburg Times, published January 16, 2002
ST. PETERSBURG -- A developer has sued the city government and its building official, saying they interfered with the development process of the Hazelton Townhomes and illegally demolished the project last year.
Palm Springs Developers will ask for the value of the property -- estimated at $415,000 -- plus reasonable profits the project at 750 Third St. N might have earned, said Richard T. Petitt, the developer's lawyer.
"It's going to be a large amount," Petitt said.
The suit alleges the city and its building official, Milton Massanet, violated Palm Springs' civil rights by destroying its project.
Massanet declined comment. Mark Winn, the chief assistant city attorney, said he believes the city will be successful in federal court, where the case landed.
It originally was filed in Circuit Court in Pinellas County.
"We did remove it to federal court in Tampa because most of the issues they raise are federal issues, constitutional issues about taking property and that kind of thing," Winn said.
Said Petitt: "I guess they felt they'd get a better shake over here" in Tampa. "We're happy in that arena."
The Hazelton project sparked debate between the city and Palm Springs for about two years, while residents in the project's North Shore neighborhood voiced concern about the project's proposed size and, later, that the existing work had become an eyesore.
In issuing orders over several months' time to stop work, revoke the developer's building permit and finally tear down the five-unit project, city officials cited a lack of progress, substandard workmanship and deterioration.
The suit alleges that the city interfered with Palm Springs in getting permits, unilaterally changed the scope of the project from six to five units and imposed long, expensive approval procedures, thereby affecting the building schedule.
"The city is using a sledgehammer to kill a gnat," Petitt said.
Said Winn: "We followed all the appropriate procedures."
The lot where the project was being built is now vacant. It still is owned by Palm Springs, Petitt said.