BRADENTON BEACH – Following a July 29 hearing of Luper Enterprises’ appeal of the city commission’s April 17 decision to prohibit resort fee-based parking at Bungalow Beach Resort, special master Marisa Powers ruled on Aug. 11 that she did not have jurisdiction to override the city commission’s quasi-judicial ruling.
“The special magistrate got it exactly right,” said attorney Robert Lincoln, who represented the city at the hearing.
Luper’s attorney, John Anthony, wrote in an Aug. 12 email to The Sun: “Our client (Gayle Luper) wishes to express heartfelt gratitude to the Special Master for the care that went into her handling of the hearing and the rest of the process. However, we believe that the process has produced an error that requires further correction.
“When the federal and state governments have stepped up to help AMI and related coastal communities, the response of the city has been completely shocking,” Anthony wrote. “When so many businesses have found themselves underwater in multiple senses of the word, the City has pushed Ms. Luper underwater even further. This is not a reasonable decision for the City,” Anthony wrote. “The reconsideration order gives too much credit and deference to the City Commission for a decision like this one.”
At issue is the lot where the original older cottages at Bungalow Beach Resort once stood. Hurricane Helene in 2024 destroyed those cottages and the lot was cleared of debris. Luper said she had been told by the city planner that a permit was not needed to use the lot for parking. On March 14, a portion of the parking lot was reopened for parking at a resort fee-based rate of $50 per car per day. City code enforcement told Luper that parking in the lot was a violation of city code and must cease. On March 16, Luper applied for a temporary parking permit.
At the April 17 quasi-judicial city commission hearing, the commission placed the following stipulations on the property:
- Parking at the razed parcels (the lot where the bungalows were) is permitted for a period of one year or 30 days from the issuance of a building permit;
- Only employees, agents and registered guests of the resort are allow to park at the razed parcels;
- Parking at the razed parcels is limited to 17 parking spaces per TPLE (Transient Public Lodging Establishment) license;
- No trailers, recreational vehicles, campers, or buses are allowed to park at the razed parcels and no tailgating, overnight parking, or paid parking shall be conducted;
- Only employees, agents, or registered guests of the resort are allowed to park at the razed parcels; and
- Parking at the razed parcels is limited to 7 a.m. to 9 p.m. enforced by a towing service secured by Luper.
Luper Enterprises filed a lawsuit against the city of Bradenton Beach on April 25 and the city filed a request for dismissal of that lawsuit on May 21. The case remains open.
