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Letter to the editor

St. Pete Beach builder loses in last round

Five St. Pete Beach residents win a suit over a plan change.

By NICK JOHNSON, Times Staff Writer
Published August 18, 2007

ST. PETE BEACH -- The last lawsuit in a legal battle between a developer and St. Pete Beach residents and the city over the city's comprehensive plan has finally been settled in favor of the residents.

St. Pete Partners lost its suit against five members of the Citizens for Responsible Growth, a political action committee. The citizens group had sparked a referendum that overturned a version of the city's comprehensive plan that would have allowed St. Pete Partners to develop property with a higher number of units per acre than the previous plan.

What followed was a series of lawsuits that helped divide the city between those who thought a new comprehensive plan was necessary to spur development and those who wanted to keep the status quo.

The petitioners, two of whom are now city commissioners, succeeded in both overturning the new comprehensive plan and putting several initiatives on the ballot that would require voter approval for any future changes in the plan.

The end result makes St. Pete Beach the only city in Florida that requires voters to approve any changes to the comprehensive plan affecting land use.

A political action committee called Hometown Democracy wants to make that change standard throughout the state.

"Its part of the broader purpose behind Hometown Democracy that people have at least some control over the long-term land use of their community," Ross Burnaman, vice president of Hometown Democracy, said.

The city of St. Pete Beach challenged the initial referendum and initiatives in the 2nd District Court of Appeal and lost, but St. Pete Partners filed suit against the petitioners and the city, arguing among other points that the repeal was unconstitutional.

"I think it's a tremendous setback for the city," said Randy Moore, a managing member of the St. Pete Partners, saying the decision from Circuit Judge Walt Logan relied too heavily on the previous decision from the appeals court.

The city of St. Pete Beach had filed a similar suit but dropped it after Linda Chaney and Harry Metz, who were both named as defendants, were voted onto the commission.

The judge's decision ended the last pending lawsuit involving the petitions and the repealed plan.

"Hopefully, the St. Pete Partners determine that it's better to move forward with a smaller project and to be in business in a year than to fight," Chaney said, adding that she was relieved by the outcome.

"This is a victory for the people of St. Pete Beach and probably for the state," Metz said. "The other towns that have tried to get their rights to vote on the comprehensive plans -- this will make it that much easier."

Nick Johnson can be reached at nickjohnson@sptimes.com or (727) 893-8361.

[Last modified August 18, 2007, 01:19:19]