Oral arguments in Promenade Avenue B and C stoplight lawsuit delayed until January 17, 2023
November 11, 2022 —
Oral arguments regarding Dr. James Wallace’s standing to oppose the Stickney Point Road stoplight at Avenue B and C (required for the Promenade development) have been rescheduled for January 17, 2022 in Tampa due to Benderson attorneys’ serious family issues.
The arguments will take place at the court’s Tampa Branch Headquarters, in the first-floor courtroom of the Stetson University College of Law, Tampa campus, at 1700 Tampa St.
Read full story in Sarasota News Leader, November 10, 2022, Rachel Brown Hackney: “Oral arguments in Avenue B and C case delayed until Jan. 17, 2023
Read full story in Sarasota News Leader, September 16, 2022, Rachel Brown Hackney: “Oral arguments in Avenue B and C appeal scheduled for November 2, in-person, in Tampa”
August 12, 2022 —
James P. Wallace III previously requested that oral arguments be allowed in his lawsuit challenging the potential stoplight at the Avenue B and C intersection with Stickney Point Road. That stoplight was approved in 2020 by the Florida Department of Transportation (FDOT) and is required for the Promenade development. The judge responded that the manner of oral argument (in-person or video) will be decided by the court. A date for those arguments has not been set.
The arguments revolve around whether Wallace, or any Siesta resident, has a right to challenge the potential stoplight. Attorneys for FDOT and Siesta 41 Associates (Benderson) contend that Wallace does not have “standing” to challenge the FDOT’s decision.
Read full story in Sarasota News Leader, August 12, 2022, Rachel Brown Hackney: “Oral arguments requested in Avenue B and C case pending before Second District Court of Appeal”
July 23, 2022 —
12th Circuit Court Judge Stephen M. Walker denied Sarasota County’s motion to dismiss a lawsuit filed by Dr. James Wallace over the County Commission approval of two new hotels on Siesta Key. Read the full article:
Sarasota News Leader, July 21, 2022, Rachel Brown Hackney: Circuit judge denies Sarasota County motion to dismiss lawsuit filed last November over County Commission approval of two hotels planned on Siesta Key
To support the lawsuit, click here
March 18, 2022 —
Judge Stephen Walker of the 12th Circuit Court of Sarasota held an hour-long hearing where lawyers for the opposing sides presented their arguments regarding Sarasota County’s motion to dismiss the Wallace et al lawsuit. Judge Walker will provide a written ruling at an unspecified date.
March 15, 2022 —
On Friday, March 18, 2022 at 2:30 pm, a public hearing is scheduled to hear arguments on Sarasota County’s motion to dismiss the Wallace et al lawsuit. This lawsuit challenges the recent County decisions regarding two proposed hotels on Siesta Key. Judge Stephen Walker of the 12th Circuit Court of Sarasota will host the hearing via Zoom . The public may attend via Zoom. Click here for Zoom link and instructions.
Read Plaintiff’s response in opposition to Sarasota County’s Motion to Dismiss
Following are recent and future activities regarding the legal actions against Sarasota County’s approval of two large hotels on Siesta Key:
Ramirez Litigation –
- In a second action, Ramirez filed a petition with the Florida Department of Economic Opportunity to determine whether the Sarasota BOCC decisions regarding two hotels on Siesta Key are consistent with the Sarasota Comprehensive Plan.
- Unknown date, magistrate hearing to consider a motion seeking court approval for the owners and developers of the hotel planned on Calle Miramar to intervene
- March 27, 2023, begin anticipated 5-day trial
Wallace et all Litigation –
- The court allowed the owners and developers of the hotels planned on Calle Miramar and Stickney Point to intervene
- March 18, 2022 – hour-long hearing, via Zoom, starting at 2:30 p.m. on Friday, March 18, to hear arguments on Sarasota County’s motion to dismiss the lawsuit.
- June 12, 2023, begin trial, length of trial unknown
Click here for additional information and to help fund the lawsuits
Sarasota News Leader, February 25, 2022, Rachel Brown Hackney: Siesta resident takes second approach in challenging County Commission approval of hotel on Calle Miramar
Sarasota News Leader, February 17, 2022, Rachel Brown Hackney: Circuit Court judge rules that developers of two hotels planned on Siesta Key may intervene in lawsuit filed by 2 island residents and 2 homeowners associations
Sarasota News Leader, January 28, 2022, Rachel Brown Hackney: June 12, 2023 start set for second trial involving legal challenges to high-rise hotels approved for Siesta Key
Sarasota News Leader, January 20, 2022, Rachel Brown Hackney: Trial date set for Ramirez’s challenge to County Commission approval of hotel on Calle Miramar on Siesta Key