(By Steve Duello) Regardless of whether people approve or disapprove of the homeowners building their dune walkover there are significant financial and environmental repercussions to consider.
To this point the Town of Fort Myers Beach has chosen to oppose the walkover and several lawsuits are pending or on the horizon. Fort Myers Beach Mayor Ray Murphy’s statement during the June 4, 2020 Town Council Meeting has been lost in the shuffle. Go to YouTube HERE and watch the segment starting at approximately the 51:20 mark where Mayor Murphy speaks about losing the CWA after speaking with FDEP’s head council Justin Wolfe.
Conventional wisdom says Rood and Kroemer may very well prevail in their lawsuit claiming property ownership to the mean high water line; If so the town is at risk of losing the Critical Wildlife Area, and be accountable for legal and financial costs approaching in my estimation about $10 million dollars, including:
* The town’s litigation fees estimated in excess of a half a million dollars and still mounting.
* Further litigation could drag on for years creating a situation where beach renourishment cannot move forward. Keep in mind the Leonardo Arms property drastically needs immediate beach re-nourishment.
* Further litigation could drag on for years resulting in additional legal costs to the town.
* The Town of FMB may need to pay the 1.3 million cost for the island’s south end re-nourishment because they will run out of time waiting for a court decision on the ownership.
* In pending litigation the Rood/Kroemer Burt Harris lawsuit is hanging over the town’s head and could result in damages of approximately 1.5 million in devaluation to the two properties due to the town’s denial of the walkway.
* In a possible second phase of litigation where the other 7 property owners affected by the town’s denial of the walkover filed lawsuits to challenge property ownership and subsequently filed their own Burt Harris lawsuits — could result in approx 700k/$750k in damages per property from devaluation due to the Town’s denial of the walkover.
* Finally there is the 1.5 million claim for discrimination in the Rood ADA lawsuit.
All in all, the total financial exposure to the Town of FMB could approach 10 million dollars(or more) to stop a walkover. A walkover that would be a tremendous value to the community of 9 homes and is a reasonable accommodation per the State Administrative hearing the Town has previously lost.
And very importantly the possible loss of the Critical Wildlife Area.
No one knows how the lawsuits will end but it is prudent to weigh the benefits and risks of either scenario and consider the possible consequences to the Town and it’s taxpayers.
What is the best path going forward? Continue the fight to deny the walkover and hope for the best? Or vote to approve the walkover and avoid the significant risks?
At the very least shouldn’t the topic be placed on the meeting agenda for discussion and a re-vote? Town Council Members need to be on record, voters need to know the details and they need to know where the council members stand.
Steve Duello is a resident of Fort Myers Beach and can be reached by e-mail at sduello@charter.net
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