Subject:
Title
Proposed initiation of litigation in the case of Pinellas County v. Estancia Townes Homeowners Association, Inc. - action for declaratory and injunctive relief.
label
Recommended Action:
Recommended Action
Approval and authorization for the County Attorney to initiate litigation in the case of Pinellas County v. Estancia Townes Homeowners Association, Inc.
Body
Strategic Plan:
N/A
Summary:
Summary
A portion of Estancia Blvd. in Palm Harbor was retained and developed as common area for Estancia Townes and the developer subsequently transferred an “easement deed” to a private corporation. Historically, when the private road has fallen into disrepair, successors in interest to the holder of the “easement deed” have repaired the roadway. Eventually, however, the corporation purporting to hold title to the road was administratively dissolved. The private road is in disrepair with open holes in violation of the condominium site plan.
A Notice of Violation was previously issued for failure to maintain property in strict compliance with approved site plan in violation of Pinellas County Code 138-179, but compliance has not been achieved. Although Public Works previously placed a temporary cover over one hole, another hole has opened up.
This authorization includes bringing suit against all defendants that may be or become necessary to fully litigate this action for declaratory and injunctive relief.
Body
Background Information:
On August 29, 2022, Code Enforcement issued the Notice of Violation.
Fiscal Impact:
Unknown.
Staff Member Responsible:
Jewel White, County Attorney
Christy Donovan Pemberton, Managing Assistant County Attorney
Partners:
N/A
Attachments:
N/A