On Monday, the Fort Myers Beach Town Council will most likely approve an $85,000 settlement from a lawsuit filed by the property owners of 205 Sterling Avenue.
Leo and Valerie DiBiasi say that in 2019 the town simply went on their property, removed their boat ramp and installed a stormwater structure that the town needed to provide drainage to the canal.
The DiBiasi’s stated in the lawsuit that the town did this without any notice, permission, consent or compensation. In other words, the government simply went in and took someone’s property. Apparently the town had a right to 18 inches of the property but misread the plans and took 18 feet of the property.
Roger Hernstadt was the Town manager at the time.
The DiBiasi’s were seeking $50,000 plus attorney fees. In return for a mediated settlement of $85,000, the town will get an easement to allow the town’s drainage infrastructure to remain in its present location. The town will also pay the cost of the mediator.
I would have requested that FMB pay me yearly to lease that portion of my property. Bet their tax bill remains the same.
First actions of this council….. was to oust the previous attorney and Town Manager. Great housekeeping. Finally! Bonus, it is no longer painful to hear them speaking in the TC meetings. Major staff improvements. Major financial accounting now that it is not handled by Roger. Wolf guarding the hen house, no more.
Yeah, and the new manager Andy was the only town manager in lee county who lost his residents their 25% flood insurance discount and got the town on probation. The only one!! And you do realize the town is operating in a bridge loan at a 10% interest rate. You sound like your friends with Andy.
Roger is a protected public servant and the tax payer always pays in the end. Surprise the plaintiffs only asked $50k. If I had that crazy structure on my property I would be asking significantly more since it’s such an eye sore.
I agree! Only $85,000 is ridiculous!
Was an outside engineer or architect involved? If so, there should be professional malpractice insurance to cover the mistake. Pretty big screwup.
Can we sue Roger for reimbursement?
There is no “we”