Eddie Rood and Kurt Kroemer, who are in an ugly fight with the town over a request for a dune walkover to the beach have issued a statement after watching the town council meeting on Monday and reading the town statement (which we’ve posted in the previous story). Here’s what they say…
“Yes, agreed, the lawsuit filed disputing ownership of the property is between Kurt and I and the State, the Town is not involved.
“The Town attorney is making a play on words when he says, the lawsuit is only about ownership, it is not about the dissolution of the CWA. This is the Town attempting to downplay the severity of the outcome. It is in fact about both ownership and the CWA since the State can not support the CWA on private property. So, when we gain the ownership of the property, the CWA can no longer exist on private property and will be abandoned by the State.
“The Town attorney is correct that Kurt and I lost the court battle over whether the Town could subject the walkover to the “Special Exception” requirement. What the Town attorney does not explain, is the Town lost three other lawsuits over the walkover and a State judge determined that our walkover met the Town’s requirements of the “Special Exception”. And that the Special Exception required by the Town was approved by the Town’s LPA board by a unanimous vote of 7-0 in favor. The Town’s LPA did their job, they based their decision on facts presented, not on emotion exhibited during the Town councils vote.
“Also, as far as what permitting will be required by FMB if Kurt and I are successful in the ownership lawsuit, the Town attorney is a municipal attorney and not a land use attorney, and does not practice Federal land use law. So, can anyone be sure that the Town attorney knows what permitting will be required if the land is private property and subject to Federal private property laws?
“The Town attorney points out the Lee County walkovers were approved, and ours was not. Both walkovers are in the EC zone, so why are other walkovers approved and ours rejected? Would it be that government does as government wants?”