Community group files new brief in fight over park

Although trees are down and land is being cleared for the 521-unit Villages at Riverwalk housing development on former Glazier Gates Park land, the gloves aren’t off quite yet.

The non-profit Stone Soup Community Unity, Inc. and four individuals filed an appellate brief against the city of Bradenton, Bradenton Land Group, LLC. and Oreo Farms Two, LLC. on Aug. 8.

In the brief, filed by attorney Ralf Brookes, the plaintiffs argue that a development order is not consistent with the city of Bradenton comprehensive plan’s recreation and open space element objective 1.6, which prohibits the diversion of park land to non-park, private residential development uses unless there’s an “overriding public interest,” because they argue there was no “overriding public interest” to divert the park land. Many of the plaintiffs who belong to the non-profit group or live near the park said they often used it.

Additionally, the brief argues that the plaintiffs were not required to file a challenge to the comprehensive plan amendments to the future land use map and the changes in the map didn’t close the park and divert the park use.

Edward Vogler II, attorney for the city and the developer, said they have about 55 days to evaluate the brief and prepare their own answer brief, but business will continue as usual.

“There’s nothing that stops development,” he said.

This story was originally published August 11, 2016 at 3:30 PM with the headline "Community group files new brief in fight over park."