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Judge hears Halls River motion
By BRIDGET HALL GRUMET, Times Staff Writer BROOKSVILLE -- Attorneys for Citrus County have asked a judge to dismiss two of the legal challenges to the Halls River Retreat project, saying the opponents' groups have failed to show how they are specifically affected by the project or how the 54-unit time share complex would violate the county's Comprehensive Plan. After hearing from both sides for about an hour Monday, Circuit Court Judge Jack Springstead said he would decide Friday whether the opponents have the legal standing and sufficient arguments to move forward. But to the project's opponents, who say their filings clearly lay out their case against the four-story condos, the county's motion to dismiss felt more like a stall tactic. "I'm not sure why we're here, other than for purposes of delay," said attorney Dan Stengle, representing Protect Our Waterways, an ad hoc group of Homosassa homeowners fighting the project. "They're trying to obstruct us from getting to the meat of the matter," added Jim Bitter, one of the founders of the Save the Homosassa River Alliance. "Now they're trying to say we don't have standing after they told us what we had to say at the (Feb. 12 County Commission) hearing didn't matter because we're not experts." Protect Our Waterways and the Save the Homosassa River Alliance have separate lawsuits alleging the County Commission violated the Comprehensive Plan in February by approving plans 3-2 for Halls River Retreat. If Springstead ultimately agrees, he could stop the project from being built. (The Brooksville judge was assigned to the case after Citrus judges recused themselves.) But first the opponents must show they have legal standing to fight the project in court. That means showing the condos will negatively affect them more than the general public. Both groups have said their members live in "close proximity" to the Halls and Homosassa rivers, which they believe will see more boat traffic and declining water quality when the condos are built. But Assistant County Attorney Michele Slingerland said many people live near the two rivers, especially the Homosassa River, which meanders for miles. "It does not mean they are directly affected by this project," she said. The fact that opponents live near the river "could be true of everyone in Citrus County," added John Hamilton, the Orlando-based attorney representing developer F. Blake Longacre, who supported the county's motion to dismiss. Slingerland said the opponents may, in fact, be more affected by this project than the general public, but their lawsuits fail to show how. Not so, argued Denise Lyn, attorney for the Save the Homosassa River Alliance. Her group has spent significant time and money educating people about the rivers and trying to improve the water quality, she said. The homeowners in the Protect Our Waterways group are also concerned the project could reduce their water pressure, increase their utilities costs and add traffic to Halls River Road, the two-lane road that residents rely on as a hurricane evacuation route, Stengle said. Although Slingerland also said the opponents fail to show how the project violates the 750-page Comprehensive Plan, Lyn and Stengle provided several examples. Opponents say the intense project should not be allowed in the "Coastal High Hazard Area," the hurricane-prone area where the Comprehensive Plan discourages growth and prohibits "planned developments," such as Halls River Retreat. The project would also impact wetlands without mitigation and bring buildings within 15 feet of forested wetlands, Lyn said. The lawsuits discussed Monday are among several challenges facing the Halls River Retreat project. Opponents have also filed separate legal challenges requesting a new County Commission hearing on the project, arguing the Feb. 12 hearing was procedurally flawed. Springstead is also hearing those complaints. In addition, the Save the Homosassa River Alliance has appealed the Southwest Florida Water Management District's approval of an environmental permit for the project. That challenge is scheduled for hearings Sept. 11-13. -- Bridget Hall Grumet can be reached at 860-7303 or bhall@sptimes.com.
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