HomeCommunity NewsTreehouse owners start new...

Treehouse owners start new year in court

BRADENTON – The case of the city of Holmes Beach versus beachfront treehouse owners Lynn Tran and Richard Hazen is back in Manatee County Circuit Court.

During a Jan. 7 hearing, Judge Charles Sniffen heard arguments from attorney Randy Mora, representing the city, and attorney Lorraine Novak, representing the Florida Department of Environmental Protection on both organizations’ motions to dismiss. Tran stepped up to the podium to represent herself and Hazen during the proceedings.

Sniffen said that he would review all of the material presented to him before rendering a judgment on the two motions to dismiss. He also said that the city’s motion for sanctions, which was not heard during the hearing, would need to be postponed until he ruled on the city’s motion to dismiss.

Sniffen did grant the city’s motion for judicial notice, which Tran said she had no objection to. By granting the motion for judicial notice, Sniffen is required to take into account all of the previous legal actions and currently pending cases in the treehouse case. Currently, there is one appeal pending in the United States District Court for the Middle District of Florida and two additional cases pending in Manatee County Circuit Court.

The treehouse case stretches all the way back to when the treehouse was constructed on the beach in front of the Angelinos Sea Lodge in 2011. According to Tran, a complaint was lodged against the construction when the two-story structure was almost completed in November of 2011 and the owners were given 30 days to remove the structure.

The treehouse is built on Tran and Hazen’s property but within the boundaries of a setback from the erosion control line. The two-story structure is for the couple’s private use and is built partially in a large Australian pine with pilings made to look like tree trunks for additional support. One of the pending cases concerns the property owners’ rights regarding construction within the erosion control line setback.

Tran said the couple spent approximately $20,000 to build the treehouse. Now the couple is facing several times that amount in legal fees and code enforcement violation fees of $50 per day that have been accumulating since mid-2013. During the Jan. 7 hearing, she said that she was representing herself and Hazen due to financial constraints.

Even if Sniffen comes back with a ruling in the city’s favor, Mora acknowledged that the fight to either save or remove the treehouse is still far from over considering the other pending litigation, including whether or not the court will order the removal of the treehouse from its Australian pine perch.

Related coverage:

 

Tree house case back in court

 

New filing in tree house case

Most Popular

More from Author

Fire department sued over rental regulations

BRADENTON – Almost a year after passing a resolution changing the...

Kruse talks beach parking, Island consolidation

HOLMES BEACH – About two dozen people came out on March...

Events

Wednesday, March 27 Creative Aging: Figurative Drawing Series, Island Library, 5701 Marina...

Police chief says beach parking plentiful in Holmes Beach

HOLMES BEACH – Spring break is in full swing on Anna...

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...