More new housing development in Manatee leads to legal battle over a Cortez canal
A protracted tussle over use of an unnamed Cortez canal recently took a turn when the developer of Hunters Point installed pilings with navigational aids posted on them.
The owners of neighboring Cortez Village Marina, 12160 Cortez Road W., filed a complaint with the Southwest Florida Water Management District (SWFWMD, often referred to as “Swiftmud”).
On Jan. 17, the District sent a letter to Marshall Gobuty, developer of Hunters Point, 12444 Cortez Road W., ordering that all construction activities in the canal cease until the question of permit requirements is resolved.
“The placement of these pilings constitute construction in, on, or over wetlands or other surface waters and are activities regulated by the district. Such construction has occurred without an environmental resource exemption, and is a violation” of Florida Statutes, Megan Albrecht, senior attorney for SWFWMD, said in the letter.
“Be advised that unauthorized activities may result in a penalty,” Albrecht said. “Any activities conducted following receipt of this letter but prior to the issuance of any permit or approved exemption could result in increased penalties,” the letter said.
Susan Roeder Martin, an attorney representing Hunters Point, said in an email that Gobuty installed navigational aids to improve canal safety.
“A permit was not required for these signs because the Florida Legislature determined that the installation of navigational aids is exempt from permitting requirements,” Martin said.
Cortez Road Investment and Finance, Inc., which owns the 1950s-era canal that flows into Sarasota Bay, is Gobuty’s company.
“There are other similar signs posted further down the canal. However, the marina customers have not complied with the requirements on these signs. Mr. Gobuty therefore decided to put the signs at the edge of the canal area he owns in order to make sure the marina’s customers see them,” Martin said.
“These signs were installed at an expense to Cortez Road Investment and Finance, Inc. to improve safety for the marina’s customers. Their location at the edge of the canal by the marina demonstrates that these signs are solely to improve safety for marina’s customers. It is disappointing that they complained about safety for two way traffic before the Division of Administrative Hearings, but now complain about measures to address safety,” Martin said.
Hunters Point is being developed on 14 acres as a net zero community.
“The goal was always to do something that hasn’t done before: build a home that has a positive carbon footprint, that would generate more power than the owner consumes,” Gobuty previously told the Bradenton Herald.
As part of the development plan, Gobuty planned to build 49 docks at Hunters Point along the canal bordering the development.
After SWFWMD and Army Corps of Engineers signed off on the dock permits, the owners of Cortez Marina, MHC Cortez Village, filed a petition in court.
Cortez Village Marina objected to the planned 49 docks, saying the canal is not wide enough to handle so much new boat traffic and citing concerns about hazards to vessels moored at or visiting the marina.
To date, Gobuty’s plan to build new docks at Hunters Point remains in legal limbo, pending a judge’s ruling.
It remains unclear, what action SWFWMD may take on the pilings complaint.
But SWFWMD said in its letter to Gobuty that any construction undertaken prior to the issuance of a permit or approved exemption may be required to be removed or retrofitted.
Matt Chait, an attorney representing Cortez Village Marina, declined to comment Monday, citing the pending litigation.
This story was originally published January 24, 2023 at 3:01 PM.
