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Neighborhood report

Dispute over dog park hours may end in court

A judge tells the city and dog park opponents to settle up now, because they may be unhappy with her decision.

By SHERRI DAY
Published August 5, 2005

The dog fight in Palma Ceia continues.

The city of Tampa and 12 residents who filed a lawsuit seeking to close the Palma Ceia dog park faced off before a Hillsborough County Court judge last week. After both sides said they were unable to reach a settlement, Judge Charlotte W. Anderson told them to set a trial date.

The parties tried for months to reach a compromise, but talks broke down in early June over park hours.

The city wants the park to stay open until dusk or 8 p.m. The residents, who initially sought to shut down the park, would like it to close by 6:30 p.m.

Noting that the parties did not seem far from reaching a settlement, Anderson renewed her call for compromise at a July 27 case management conference.

If she makes a decision about the park's fate, she said, neither side will be totally pleased. Her remedies could range from closing the park to changing nothing at all.

"I would hope that would be an incentive to try to work things out," Anderson said.

"Remember that we are all here to provide for the needs of the citizens. It would be much better to work it out than to have me make a decision for you because we've got neighbors against neighbors. It's going to be difficult enough for them to come back together."

The court appearance was the latest development in the monthslong disagreement between residents and the city in the otherwise tranquil neighborhood.

Squabbling broke out last year, when a group of residents began complaining about problems at the park. That group said insufficient parking, foul odors, noise, safety and traffic made the park a nuisance.

The group also said the city violated its policy by establishing a dog park that was smaller than the 1 acre required by city codes.

After the proceeding last week, the plaintiffs' lawyer, Luke Lirot, said he believed a settlement was unlikely and that the issue would wind up at trial. His clients aren't bluffing about the hours of operation, he said.

"It's not like we're trying to play poker," he said. "That will remain our best offer. If we can't obtain that kind of concession from the city, we'll leave it up to the judge to break the tie."

In their settlement offer, city officials pledged to move the dog park 135 feet back from the existing park at San Nicholas and Marti streets. They also agreed to plant shrubs around it and install a 24-hour security camera.

"Obviously, if we could resolve it to everybody's satisfaction, we would love that," Assistant City Attorney Julia Cole said. "The city has been trying to resolve the dispute with the neighborhood since the beginning."

Lawyer Seth Nelson, a Palma Ceia resident who filed a motion to intervene in the lawsuit on behalf of neighbors who support the park, also favors mediation.

"I'm extremely hopeful that we'll reach a settlement," Nelson said. "The sticking point is that the plaintiffs want it closed at 6 p.m., and they changed that today to 6:30 p.m., which is certainly moving in the right direction.

"We're just trying to allow people to come home from work and be able to enjoy the park in the evening and have it closed by sunset, as all the parks are across the city."

No trial date has been set. But should a trial occur, each side said it would take a day to plead their cases before the judge.

Until then, Anderson ordered that a Parks and Recreation Department employee be present at the park during its busiest hours, between 5 p.m. and sunset Monday through Friday.

- Sherri Day can be reached at 226-3405 or sday@sptimes.com

[Last modified August 4, 2005, 08:43:14]