Manatee County rejects $2.4M settlement offer in Tara lawsuit
John Agnelli, vice president of Lake Lincoln LLC, developer for the 1,100-acre Tara housing subdivision, was clearly frustrated at Tuesday’s Manatee County land-use meeting.
The county rejected settling a 4-year-old lawsuit over 3.3 acres of land Lake Lincoln was denied use of in 2012 to expand the Tara subdivision, approved in early 2015 in the southwest corner of Interstate 75 and State Road 70. The disputed acreage is needed to fully build out a new 10-acre planned subdivision.
The county attempted to have the case dismissed, but a judge refused.
He can petition us all he wants, but that doesn’t mean he’ll prevail.
Assistant Manatee County attorney Sarah Shenck
“We spent a lot of time and money on this issue,” said Agnelli. “We met with staff, which produced nothing. I thought we were in negotiations and proposed a settlement offer and never received a counter offer. We’ve been playing with this for four years and I’ve spent well into six figures. This doesn’t make sense and is not an efficient use of taxpayer money, or ours.”
Lake Lincoln filed a Bert Harris Act lawsuit in 2012, alleging its rights as a property owner were being violated by the county decision to deny use of the acreage. Agnelli said the county claims the disputed property is wetlands.
“It wasn’t wetlands when we first got the property,” he said. “A lot of water has been backed up in there.”
Terms of the settlement offer are for the county to pay the developer about $2.4 million for the land it cannot use.
John Harlee, a lawyer for Lake Lincoln, said the county should return to mediation, “because the suit has an entirely different perspective than the first mediation. I would also request that a county commissioner be present at the mediation instead of a staff member, and I will petition the court to require that if you decline that here today.”
Commissioners supported returning to mediation, but declined to have a commissioner attend on advice of Sarah Shenck, assistant county attorney.
“He can petition all he wants, but that doesn’t mean he’ll prevail,” said Shenck.
Mark Young: 941-745-7041, @urbanmark2014
This story was originally published June 2, 2016 at 2:34 PM with the headline "Manatee County rejects $2.4M settlement offer in Tara lawsuit."