Judge throws out lawsuit protesting relocation of Bradenton park

BRADENTON -- A lawsuit protesting the re-location of Glazier-Gates Park in Bradenton to make room for a new housing development has been dismissed by a judge.

A group of residents forming the group Stone Soup Community filed suit in early November to stop the relocation of Glazier-Gates Park in the 1000 block of Manatee Avenue West, to make room for Phase 1 of the 521-unit Villages at Riverwalk rental development. Cape Coral attorney Ralf Brookes, representing Stone Soup, argued the city violated its comprehensive plan, which states relocating park property cannot be done without "overriding public interest," such as for a school or hospital.

In a five-page ruling, Senior Circuit Court Judge Thomas Gallen wrote the related exchange of land between the city and the developer was lawful, especially because the plaintiffs didn't argue the change in the future land use plan, which rezoned the park land as urban village.

"Plaintiffs cannot lawfully object to the adoption of an amendment to the city's future land use map due to their failure to properly challenge such adoption in an administrative proceeding timely filed within the statutory period," Gallen wrote in his final judgement dated May 4.

Ed Vogler, the attorney for the developer, said residents can expect to see movement on the development project "within weeks, not months. We want your readers to know that we are very respectful of the concerns expressed by the neighbors. There will be a great new park there on the waterfront. As plans have developed, there is a lot of energy for expansion and improvement of what is known as Mineral Springs Park, which is a historic park."

Vogler credited the passion of Stone Soup Community for what will eventually be a much better parks system in the area.

"Mineral Springs has nothing to do with this development, but the residents and Councilman Bemis Smith have pushed to improve Mineral Springs Park and maybe link it to the eventual eastern part of Riverwalk," said Vogler. "If you are a fan of that idea to have a linear park link into an improved Mineral Springs Park, then that has to be viewed as a really good idea."

As part of the city's approval, developers agreed to invest $500,000 into improvements at Mineral Springs. The developers also agreed to pay for the construction of the park that will replace Glazier-Gates, as well as move and repair all existing park equipment.

Stone Soup Community cofounder Kim Youngshepherd said the ruling did not take the group by surprise.

"We were kind of expecting it," she said. "We were prepared for that. Right now, we are talking with our attorney to see what the options are. In the meantime, we are still fund-raising. We still feel confident in our fight. This is just one portion of it."

The site plan calls for Glazier-Gates park to be relocated to the north along Riverside Drive West along the Manatee River. While the city is actually gaining land in the park exchange, parcels of park space are not all adjoined. The main park will be slightly smaller than the existing 4.88 acres, but the city is gaining 5.66 acres, which includes a pocket park within the development site that will be open to the public as well.

Mark Young, Herald urban affairs reporter, can be reached at 941-745-7041 or follow him on Twitter@urbanmark2014.

This story was originally published May 5, 2016 at 4:11 PM with the headline "Judge throws out lawsuit protesting relocation of Bradenton park ."