Saturday, May 25, 2013

Circuit Court finds for Cape in old golf course land use lawsuit

Staff Report ( , Cape Coral Daily Breeze
 A circuit court judge has ruled in favor of the city of Cape Coral, finding that the municipality did not "take" a developer's property when it denied transmittal of a land use map amendment.

"The Court finds that the Plaintiff's distinct investment-backed expectations when it took title to the property in 2006 were not objectively reasonable, but, were instead unreasonable," Judge Michael T. McHugh wrote in a 10-page final judgement issued Wednesday in the case of Florida Gulf Venture LLC vs the city of Cape Coral. "Further, this Court concludes that this case is likewise not ripe for adjudication as the Plaintiff never submitted meaningful application to the CITY."     Cont.....................

For the complete article in the Cape Coral Breeze click the link below.

Mary Neilson

City found faultless in Cape Coral golf course plan's failure

Cape Coral won’t be forced to pay out millions after a judge ruled Wednesday the city did not effectively condemn a 175-acre golf course by blocking an attempt to develop the property.

The owners of the abandoned 18-hole course in the southeast Cape sued the city in 2009 after City Council voted against a proposal to allow shops and homes to be built on the land. The city argued the use was too intensive and would’ve disrupted neighboring homes.

But Pat Ryan, president of Ryan Companies US, said the city only looked at a worst-case scenario, not what was planned. Ryan Companies is the managing partner of Florida Gulf Venture LLC, which owns the course.   Cont..........................

For the complete story in The News Press by Thomas Stewart click the link below.

Mary Neilson  

Friday, May 24, 2013

Judge rules in Cape Coral golf course case

Ryan Companies still has the option to use the property for less intense uses.

Cape Coral did not unfairly take the 175-acre "The Golf Club" when it denied Ryan Companies' request for a land use amendment in 2009, Circuit Judge Michael T. McHugh has ruled.

McHugh's 10-page decision was filed Wednesday.

Ryan had contended the council's decision denied the company the use of the property and prevented the company from meeting its investment expectations. The company wanted to develop the land as a mix of commercial, retail and housing uses. Even a limited mixed use plan would be overly intense and incompatible with the existing neighborhoods, he wrote.   cont.....................

 For the complete article written by Don Ruane for click the link provided below.

Sincerely,   Mary Neilson


Judge ruled Not a Taking.

I will post links and more when I have it.