Illegal Parking Lot Foreclosure Has Been Filed

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A foreclosure lawsuit has been filed against the owners of the Key Estero Shops on Estero Boulevard. For years, the town of Fort Myers Beach has been accusing the owner of that location, Carmen Naccarato, of operating an illegal parking lot.

The town says when Naccarato purchased the plaza the parking lot was meant to be free for customers that shop at the businesses in the plaza. And, the town says, he turned it into a paid parking lot, charging as high as $40 per day during season.

The town first went after Naccarato in January of 2019 issuing him a violation, that led to a visit to the town Magistrate a year later. The Magistrate ruled in the town’s favor, agreeing that Naccarato was operating an illegal parking lot, and ordered him to come into compliance within 30 days or face fines of up to $200 per day.
The Magistrate’s order was ignored and the fines started to pile up. By August of 2020, the total was $34,475. Naccarato appealed the Magistrate’s order to the Circuit Court in Lee County. He lost that appeal and the town put a lien on his property in September of 2020.

In April of this year the town council voted unanimously to file a foreclosure proceeding against Naccarato and he continues to ignore the violations and continues to make money from the parking lot.

The judge assigned to the case is James Shenko.

The law firm representing Key Estero Shops is Absolute Law, the law firm owned by Mike Chionopoulus. Town of Fort Myers Beach attorney John Herin and Chionopoulus have sparred before in front of the Fort Myers Beach Magistrate. At one time Chionopoulus represented Terry Persaud.

Read the foreclosure filing HERE.

Two other foreclosure lawsuits have been filed. We’ll have the details on those in our Tuesday headlines. The foreclosure lawsuits against Sunset Grill owner Terry Persaud have not been filed. Town attorney John Herin has asked for an executive session with the town council to discuss issues related to Persaud and the ongoing fight the town is having with the business owner and his violations.

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