Kim YoungBradenton, FL, United States
Nov 6, 2015
BRADENTON -- A community organization Wednesday filed suit against the city of Bradenton, alleging city council violated its comprehensive plan when it voted to relocate Glazier-Gates Park in favor of allowing the existing park to be turned into housing. Glazier-Gates Park, in the 1000 block of Manatee Avenue East, is at the center of heated opposition to the 521-unit Villages at Riverwalk rental complex development the city finalized in mid-October with the Atlanta-based Hatfield Development Co., represented locally by NDC Construction and attorney Ed Vogler. The special area plan approval called for relocating the park north to make room for phase one of the development. The city struck a deal with the developer to require construction of a new park and a $500,000 investment in improvements at the historical Mineral Springs Park before work on the development could begin. The idea to relocate the park is strongly opposed by residents who formed the Stone Soup Community Unity nonprofit group to hire Cape Coral and former Bradenton Beach city attorney Ralf Brookes. Stone Soup Community Unity is the plaintiff in the lawsuit. The 10-page initial filing asks the court to review state statutes pertaining to city approval of the special area plan and development of Glazier-Gates Park "on the merits of whether the development order violates the comprehensive plan." Brookes has argued the city comprehensive plan states such an action can only be taken if the public's "overriding" interest is at stake. Public interest, he said, includes such things as a hospital or school and private development does not fit the legal criteria. City attorney Bill Lisch has expressed confidence there is "all kinds of exceptions" in the comprehensive plan. Lisch said he had only just received a copy of the lawsuit when contacted by the Bradenton Herald late Wednesday. "I don't have a lot to say right now," said Lisch. "We'll wait until we get served before taking any action. For now, I'll review the allegations being made and the city will decide what to do from there." The developers are not named in the initial legal action, which cites a case where the court ordered the destruction of homes in a Jensen Beach subdivision that had moved forward with construction before the court ruled it was inconsistent with the city comprehensive plan. Brookes is asking the court to do the same if construction moves forward and the court rules in their favor. The complaint asks for "all appropriate judicial remedies, including an order of the circuit court quashing, revoking, invalidating and vacating the approval of the development order." The lawsuit also states the "plaintiffs all utilize the existing Glazier-Gates Park for recreation and have interests that are protected by the comprehensive plan, and plaintiffs are adversely affected by the approval of a development order that is not consistent with the duly adopted comprehensive plan." The plaintiffs, which include Stone Soup officers Dian Weldon, Lydia Copeland-McNeal, Kimberly Youngsheperd and Barbara Elliot, claim they are "aggrieved or adversely affected persons that will suffer and adverse effect," stemming from the city's action. Elliot said the group may seek monetary damages to be applied to a historical education center at the park. "What I hope for the most is that the city learns how to follow its comprehensive plan," said Elliot. "I've watched them for more than 20 years and watched as they did away with a lot of parks and historical properties. Now they want to relocate the park and how do you relocate history? I hope we prevail and I hope they don't get a single blade of grass." Mark Young, Herald urban affairs reporter, can be reached at 941-745-7041 or follow him on Twitter@urbanmark2014.
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