On Tuesday, a State Administrative Law Judge ruled that La Ola Surfside Restaurant must either come into compliance with the town’s floodplain regulations or be out of Times Square by March 1st. Immediately after the ruling La Ola owner Thomas Houghton said he plans to appeal.
The town can start charging a $250 daily fine if the property owner (which is Chris Primeau and his family) do not come into compliance.
The judge wants a progress report on March 4th. If progress is not made by the March 1st deadline the town has been given the authority by the judge to go into Times Square and remove the La Ola containers. Primeau and La Ola Owner Thomas Houghton have 30 days to appeal. Houghton has already said he plans to appeal.
Amy Thibaut from the firm Roetzel and Andress is representing La Ola. In all likelihood the time it takes to go through the appeal process will get La Ola through the current tourist season on Fort Myers Beach. Thibaut said, “We obviously do not agree that the containers violate the town’s floodplain regulations or FEMA regulations. We are hopeful and optimistic that a court will agree that the containers comply with all relevant regulations.”
And in what appears to be new news, Thibaut added that regardless of what happens in court, “We are continuing to plan or a long-term redevelopment of the site that will allow La Ola to continue being the heart of Times Square for many years to come.” Up until that quote, there has never been any clear indication about rebuilding on that site, other than a drawing put forward by several property owners that showed all the businesses attached. That went nowhere and fell apart. One property owner has presented his own plans to build a restaurant and hotel rooms across from La Ola.
It was not a complete loss for La Ola. While the town came after La Ola alleging two violations of the Land Development Code (6-501 and 6-525), the judge did rule in favor of La Ola for one. The town alleged that the containers were not constructed in accordance with flood-load and flood-resistant requirements in the Florida Building Code. The judge ruled that La Ola was not guilty of that violation (6-501). What they did violate, according to the judge, was that they were not elevated above base-flood which is 13 feet in the air (6-525).
Read the final La Ola report from Judge John Laningham HERE
The next big case we’ll be watching is The Goodz which will either come in in March or April.
Imagine them containers 13 feet in the air (smh)
I am so sad to hear LaOla has to be out by March 1..what would it hurt to let them try to rebuild a little of the enormous loss they suffered during Ian…then hurricane season be out in Sept…give me a break…we need these food trucks..we need restaurants and a place to grab a beer by the ill fated pier section…shame on whomever made that decision…as far as FEMA dictating…so what…we lost the 25%…which was no help at all anyway…so let themstay thru the summer season…La Ola has my vote to stay in business until Sept…and as far as the GOODZ…they saved my butt by providing some much needed hardware to finish a job. Because of them I didnt have to drive off island to get what I needed….shame on the small minds of Ft Myers Beach…I own 2 businesses…and you have no idea how hard it is to make a living and you should be kissing their shoes by providing food and entertainment to those of us that lost almost everything not to mention the wonderful people at the Goodz. You and your council need to be a little more empathetic…
FEMA has targeted FMB while unincorporated Lee Co just over the hurricane pass bridge, a number of containers on the ground plus an enormous “Hotel boat” sitting in the parking lot since Ian and appears the cables are coming out, ate to provide electricity. Makes no sense whatsoever to target Estero Island, but not before you cross the Matanzas Pass bridge.