HomeCommunity NewsStreet ownership dispute prompts...

Street ownership dispute prompts lawsuit

BRADENTON – Street ownership and property rights are the subjects of a lawsuit the owners of Fire & Stone Brick Oven Pizzeria have filed against Manatee County.

In May, attorney John Colton filed the lawsuit on behalf of business owners and property owners Radka and Peter Ross. The lawsuit pertains to their commercial property at the corner of Cortez Road West and 106th Street West.

The lawsuit alleges the county improperly paved the intersection in a manner that impedes on the Ross property and deprives them of the use of a portion of the property – some of which includes the still-in-progress outdoor dining area and the parking spaces along the west side of the building.

According to the lawsuit complaint, the land now known as the Ross property was platted in 1957 and joined the following year by several other properties platted as part of the Battersby subdivision. That platting did not include the county accepting ownership of the street.

The complaint states the county did not build Laurabet Drive, which is now known as 106th Street West.

In 1976, the county arranged for the property owners to pay for road improvements as part of a county participation project that included assessments levied on them to cover their street maintenance costs.

Before the lawsuit was filed, Peter Ross said the anticipated lawsuit was partially inspired by concerns that the county plans to claim ownership of 106th Street West after maintaining it for seven years.

While touring the Fire & Stone property, Ross pointed out the angled intersection where Cortez Road and 106th Street West converge. He said that end of the street should have been located several feet to the west, which would have avoided the Fire & Stone property but impinge on the property across the street.

The complaint says the county paved portions of the street in November 2011, which means the seven-year maintenance threshold and ownership transfer could occur this November.

The complaint alleges the county was aware that the existing roadway veered to the east and impinged approximately seven feet onto the Fire & Stone property along 106th Street West. The complaint also alleges the county knowingly paved areas it had no right to pave.

“Prior to Nov. 30, 2011, the county did not maintain 106th Street. All maintenance prior to that date was done by and/or paid for by the residents of 106th Street and not by the county. County has not maintained 106th Street West for more than seven years. Even if it had maintained 106 Street West for more than seven years, the county is estopped from asserting ownership by its prior representation disavowing acceptance of 106th Street West for maintenance purposes,” the complaint says regarding the previous platting.

“Plaintiff respectfully requests this court issue a decree ordering county to cease and desist maintenance or occupation of 106th Street West and to further decree county has obtained no interest in the said property,” the complaint says.

The plaintiffs are asking the 12th Judicial Circuit Court to render a declaratory judgment that determines the ownership of the property and the location of any existing property easements. They are requesting a determination that their title to the property is superior to the county’s and seeking a judgment awarding them exclusive possession of the property in question.

The complaint alleges the county’s actions constitute a taking of a portion of private property that is subjecting them to the material and substantial deprivation of the beneficial use of their property.

County response

When asked about the potential lawsuit in April, County Attorney Mickey Palmer said, “This matter has been dealt with in great detail, and my office has no present reason to believe that staff’s approach is flawed in any way.”

After the lawsuit was filed, Palmer said, “We are disappointed that the property owners have chosen to file a lawsuit.  Nevertheless, on behalf of the citizens of Manatee County, the Office of the County Attorney will aggressively defend the lawsuit.”

Additional concerns

When discussing these issues before the lawsuit was filed, Ross mentioned additional concerns he and some of his neighbors have. Ross and others do not feel their private street should be used as a primary access road for residents of the adjacent Paradise Bay Estates mobile home community.

Fire Stone lawsuit
Signs like this have appeared alongside 106th Street West. The intersection of Cortez Road and 106th Street West is now the subject of a lawsuit. – Joe Hendricks | Sun

A recent trip down the street revealed several handwritten signs that said, “Private drive for 106th residents.”

Resident Gina Rau said some members of the Paradise Bay Estates board of directors have tried to prevent her and others from using the Paradise Bay Estates boat ramp that provides them access to Sarasota Bay. Rau believes this is a violation of their riparian rights. Efforts to contact Paradise Bay Estates board members about these concerns proved unsuccessful.

Most Popular

Previous article
Next article

More from Author

Six charter amendments proposed

ANNA MARIA –The Anna Maria Charter Review Committee is propos­ing six...

AMI Moose Lodge hosts kids’ Easter party

BRADENTON BEACH – Due to rainy weather, Saturday morning’s Easter egg...

Business owners oppose multi-use path extension

ANNA MARIA – Some business owners are concerned about the city’s...

Anna Maria seeks to amend CBD prohibitions

ANNA MARIA – The city of Anna Maria is trying to...

Floridian Mortgage wins championship

ANNA MARIA – Spring has sprung and winter sports at The Center are coming to a close, with team Floridian Mortgage earning the win against team Moss Builders Thursday night in the adult co-ed flag football championship game. The top two teams in the league matched up in...

Man completes Chamber passport program in five hours

ANNA MARIA ISLAND - The annual Anna Maria Island Chamber of Commerce’s Passport Program is a fun way for residents and visitors to the Island to get out and discover Island businesses with a passport offered for free by the chamber. Participants are encouraged to get their passports...

One ARK Foundation raises funds for foster families

live music, delicious food and spirited fundraising as the One ARK Foundation held its second annual “Kindness Matters Extravaganza” at The Cheesecake Cutie & Cafe on March 21. “One ARK” stands for “one act of random kindness” and is a newly-established 501(c)(3) nonprofit organization founded by The Cheesecake...

Save our homes

This column should be titled “Save our Taxes,” since that’s what we’re really talking about. However, saving on property taxes is part of the Save Our Homes benefits and portability transfers are another piece of this law. In January of 2008, the Florida Legislature passed legislation that allows...

 Reel Time: Salon fundraiser meets with success

Salon (noun) - a conversational gathering of notables held at the home of a prominent person. On Saturday afternoon, Suncoast Waterkeeper held its Suncoast Salon fundraiser at the Sarasota home of Anna Maria residents Bill and Debbie Partridge. The event was a sellout and attracted some of...

Temporary paid parking vendors hired

BRADENTON BEACH – City commissioners considered four temporary use parking permits at the March 21 commission meeting and after much discussion, approved three with stipulations, denying one. Permit applications were submitted by developer Shawn Kaleta for temporary parking lots at 102 Third St. N., 207 Church Ave. and...

Fire department sued over rental regulations

BRADENTON – Almost a year after passing a resolution changing the district’s approach to taxing and inspecting vacation rental properties in residential areas, West Manatee Fire Rescue is receiving pushback from one rental owner. During a March 19 commission meeting, the district’s attorney, Maggie Mooney, informed the board...

Bridge Street traffic, parking among commission concerns

BRADENTON BEACH – In what was an unusually lengthy, seven-hour city commission meeting that began at noon on March 21, commissioners dove into parking and traffic issues, pickleball and organ donation. BRIDGE STREET ONE WAY? A Bridge Street business owner asked the commission to consider making Bridge Street one...

Scaccianoce new Bradenton Beach commissioner

BRADENTON BEACH – Ward 1 has a new commissioner. The application for commissioner by business owner and former Manatee County records manager Deborah Scaccianoce was approved by the commission and she was sworn in at its March 21 meeting. She filled the vacant seat left by former Commissioner Jake...

Kruse talks beach parking, Island consolidation

HOLMES BEACH – About two dozen people came out on March 20 to meet with Manatee County Commissioner George Kruse, bringing their questions for the candidate, who is seeking re-election in November. Kruse held a town hall meeting at the Island Branch Library where he answered every question...

Commissioners deny bids for paid parking

BRADENTON BEACH – Rather than partnering with an outside vendor as planned, commissioners are now considering city-managed paid parking lots throughout Bradenton Beach. The city had put out a Request for Proposals (RFP) on Feb. 9 to “Provide the City with a complete parking management and enforcement system...