Manatee County wins every issue in Long Bar Pointe litigation

Manatee County “owes nothing” to the Long Bar Pointe developers after an appeals court upheld a previous ruling that sided with the county.

“It is with great pleasure and immense pride that I inform you that, this afternoon, the Second District Court of Appeal issued a Per Curiam Affirmance in the matter of Long Bar Pointe LLLP—Cargor Partners VIII v. Manatee County,” County Attorney Mickey Palmer said in an email to commissioners Friday afternoon. “This means that the County has won on every issue in the litigation.”

A Per Curium Affirmance cannot be appealed to the Supreme Court, according to Palmer.

“The case is thus over,” Palmer said.

Long Bar Pointe developers Carlos Beruff and Larry Lieberman had filed an $18 million suit over their claimed right to develop shore lands at their 522-acre West Manatee property. The suit accused the county of enacting and enforcing rules preventing Beruff’s and Lieberman’s development company, Cargor Partners VIII/Long Bar Pointe LLC, from dredging land owned in Sarasota Bay and building amenities, including a marina and a sea wall.

“In this case, the developer challenged the coastal element of the County’s comprehensive plan and alleged that its property had been unlawfully ‘taken’ by the county,” Palmer said Friday. “The developer initially valued his takings claim at $18 million.”

Friday’s ruling comes a little more than a year after Circuit Judge John Lakin ruled in Manatee County’s favor on all issues in the case.

“By virtue of today’s PCA, the appellate court agrees with Judge Lakin,” Palmer said. “The County owes nothing to the developer.”

Beruff and Lieberman have since submitted a new plan to the county for their 522 acres along Sarasota Bay. If approved, they would build a 3,200-home subdivision called Aqua by the Bay.

This story was originally published February 27, 2017 at 9:52 AM with the headline "Manatee County wins every issue in Long Bar Pointe litigation."