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Motel sues Clearwater over new curb

By TIMES STAFF
Published April 19, 2007

CLEARWATER - A beach motel has sued the city of Clearwater, claiming BeachWalk construction has damaged its business. And more legal action is expected as the city continues its revitalization efforts along the popular beach.

The suit by the owners of the Hi Seas Motel marks the first formal action from business owners located along Coronado Drive who have complained for months that the heavy construction has hurt businesses.

And it comes as at least one other business, Anchor Mini-Mart on Coronado, has threatened a lawsuit over lost parking.

Tonight, the City Council is expected to allocate $50,000 from the BeachWalk project's budget to hire a lawyer for the case.

At issue is curbed sidewalks built on either side of Coronado Drive in mid-February that have blocked access to perpendicular parking places adjacent to the two businesses. Clearwater officials contend the city owns the right-of-way to the parking and they told businesses more than a year ago that they were taking it back.

The businesses, however, say they expected the sidewalks to not be curbed so that customers might still pull across them to park.

Motel owner Divaco Inc. contends the construction has eliminated access to eight parking spaces on Coronado Drive adjacent to its 33-room motel on S Gulfview Boulevard. The motel's Clearwater attorney Patrick Maguire said that means the city "essentially took eight of the motel rooms away," violating Divaco's property rights.

The lawsuit, filed in Pinellas County Circuit Court, does not seek specific damages.

Owners of the Anchor Mini-Mart say they lost access to all six of their spots because of a sidewalk. Their attorney sent a letter to the city last month asking to discuss the matter, and the owners say they might sue.

Co-owner Lorraine Tracey said rain now fills the small lot and that also hurts business.

"It's just like a kick in the head," she said. "It rained so bad that it created a lake. We might as well have closed."

She said her vendors also are having a tough time finding parking, and her ice supplier recently quit out of frustration.

City leaders say Clearwater gave ample notice of its plans and hasn't done anything wrong.

City officials said most of the parking spaces belonged to the businesses, but they were used as "back-out" parking, which the city doesn't allow. Assistant City Manager Garry Brumback said the ban on back-out parking went largely unenforced, but the city had a right to take back the access, which it owned.

Work began last year on the city's $30.4-million BeachWalk initiative, a half-mile promenade that runs parallel on S Gulfview Boulevard from Pier 60 to where the old Adam's Mark Hotel once stood. This project will also feature a game table area, decorative showers, greenery and a seating area.

[Last modified April 18, 2007, 22:17:47]