Boca Raton keeps losing battles over two oceanfront lots, and the cost of defeat keeps rising.
Last week. U.S. District Court Judge Rodney Smith issued his written ruling against the city for wrongly denying a variance that would allow construction of a home at 2500 North Ocean Boulevard. Smith’s order follows the similar oral opinion he issued from the bench at the end of last year’s trial.
Smith stated again that Mayor Scott Singer, Councilwoman Monica Mayotte and former Councilwoman Andrea O’Rourke should have recused themselves from the July 2019 quasi-judicial hearing at which the council unanimously denied the property owner—Natural Lands, LLC—the variance to build close to the water. Natural Lands’ attorney had asked for the recusal, arguing that Singer, Mayotte and O’Rourke had stated their opposition before the vote and could not be impartial.
Smith especially criticized Singer. The mayor, he wrote, “had issued campaign letters” and “recorded a campaign video” the year before “stating that he would not support a variance nor allow any development” on the property. Singer was running in the special election to succeed Susan Haynie, who had been arrested on public corruption charges.
During the mayor’s deposition, Smith wrote, Singer “testified that although he agreed that a fair and impartial hearing means that a council member could not pre-judge an issue prior to the hearing, he nevertheless believed that ‘fair and impartial are ambiguous terms.’”
The city’s action, Smith found, amounted to inverse condemnation. Boca Raton, in essence, rendered the property worthless and did not compensate Natural Lands. The action amounted to what the law calls a “taking.” Boca Raton must allow Natural Lands to build, or the city must buy the land.
Smith’s order comes one month after a Palm Beach County judge ruled against the city in the dispute over the adjacent lot to the north—2600 North Ocean Boulevard. The judge found that Boca Raton failed to produce public records sought by Azure Development, which wants to build a duplex on the lot. Azure can ask the judge to award “reasonable” fees.
The two defeats are bad enough. Both judges, however, found that elected officials, top administrators and members of advisory boards colluded to deny the two projects. In each case, the judge concluded that the owners retain their rights to build, and the city owes them their legal costs.
The Azure case began five years ago. The 2500 lot dispute has lasted for 13 years. It seems past time to bring these cases in for a landing. What happens now?
Robert Sweetapple is Azure’s attorney. The fees for him and his co-counsel, Sweetapple said, are more than $1 million. Sweetapple told me this week that he has “made a proposal” to the city’s outside counsel to resolve the lawsuit. He declined to discuss details.
“It is clear,” Sweetapple said, “that there is a legal right to build a house.” Azure, he said, wants to minimize the impact on the coastal environment. The duplex would have “a small footprint. It’s all elevated.”
Alan Kipnis represents Natural Lands. After Smith issued his oral opinion from the bench in the 2500 case, Boca Raton announced its intention to appeal. With the written opinion, Kipnis said, the city has until April 17 to file its appellate brief. Natural Lands then has 30 days to reply, after which the city has 20 days to reply.
Kipnis said the city is seeking oral arguments before the 11th U.S. Circuit Court of Appeals. That bar seems high, given Smith’s finding of fact. Litigants must base appeals on issues of law, not just because they lost.
“We are even more satisfied” than when Smith issued his oral ruling, Kipnis said. Smith also awarded Natural Lands its fees, which Kipnis said are “approximately $1.2 million.” A motion for payment, he said, will come soon.
According to a spokeswoman, the city has held four executive sessions—public not allowed —on each case. Council members regularly decline to comment on active litigation. So it’s hard to tell what guidance the council may have received or where the council stands on these expensive cases.
The prospect of those vacant lots being developed became controversial. Boca Raton somehow missed them when the city approved six bond issues in the late 1960s and early ‘70s to buy oceanfront land and keep condos from walling off the beach. Natural Lands’ first plan called for a four-story house is nearly 9,000 square feet in size.
To prevent development, Haynie suggested, the Greater Boca Raton Beach and Park District could buy the lots. The agency got an appraisal, which valued them at a combined $12.2 million—if they could be developed. Neither the district nor the city expressed interest in paying that much.
Their value likely has increased. And now, Natural Lands has a favorable court ruling. In addition, Azure has trial and appellate court rulings that the city should have scheduled a new hearing on the 2600 variance without Singer, Mayotte and O’Rourke, because they had prejudiced themselves before that denial of a variance. No hearing has been held.
At worst, these court rulings depict a culture of reckless political pandering and questionable legal decisions that could cost Boca Raton many millions and still result in those controversial projects being built.
I’ll have more as developments warrant.
Thomson not implicated in court rulings
Coincidentally, the only elected official from that period not implicated in the court rulings is Andy Thomson. He is running this year for a return to the council, having resigned in 2022 to run unsuccessfully for the Florida House.
After the March election, Singer will be the only council holdover named in the rulings.
Arraignment for second “Delray Defacer”
The man accused of defacing Delray Beach’s LGBTQ Pride streetscape is scheduled for arraignment today.
Dylan Reese Brewer faces one felony charge of criminal mischief over $1,000 and one misdemeanor charge of reckless driving. On Feb. 4, according to the probable cause affidavit, Brewer burned his tires three times at the intersection of Northeast Second Avenue and Northeast First Street.
It was the second defacing. The first time, in 2021, the driver was participating in a parade for Donald Trump. The 19-year-old Brewer had a Trump flag on his truck.
Brightline to Cocoa Beach?
Brightline announced this week that the company will begin negotiations for a station in Cocoa. The facility would give passengers access to Port Canaveral. It’s home to the popular Disney cruises. Port Canaveral recently overtook Port Everglades as the state’s second-busiest cruise port. Miami remains No. 1
Unsung heroes
Many non-profit groups in Boca Raton and Delray Beach do good work every day that doesn’t always get noticed. Here’s a mention of one:
The group is Champions Empowering Champions. According to its website, “Our mission is to empower college students who have experienced foster care or homelessness to earn a degree and prepare for a rewarding career.” When the program began in 2019, Champions Empowering Champions worked with 22 students. This year, that number is 46.
The group’s chair is Kim Dunn, an accounting professor at Florida Atlantic University, president of the Faculty Senate and an FAU trustee. On Feb. 28, the group held its Night of Champions fundraiser at FAU’s Tech Runway.
During her remarks, Dunn said, “When you look around this venue, you see our culture. We are a young scrappy startup. We don’t spend a lot of money on decorations and venues. The space, food, raffle items, and giveaways were donated. We rely on volunteers, and 95 percent of our donations support our students.” Donations can be made on the group’s website.
