CORTEZ – Manatee County commissioners unanimously denied Cortez Village Marina’s request to expand current operations.
The Chicago-based MHC Cortez Village LLC purchased the marina in 2024, one of many Loggerhead Marina properties that the parent company owns and operates throughout the U.S.
Matthew Gillespie, of the Kimley-Horn engineering firm, presented the marina owners’ request to construct 12 additional Jet Ski storage spaces inside one of the marina’s three dry storage buildings, to add boat maintenance as an allowed use inside that same building and to add a boat washing area outside another dry storage building.
To bring the marina property into compliance with county code, Gillespie also proposed removing or relocating a non-compliant shell parking area and relocating a non-compliant trash dumpster location.
This diagram shows the location of the Cortez Village Marina boat storage facilities. – Manatee County | Submitted
According to the county staff report, the marina property was rezoned in 2006 and is allowed 272 dry slips, 10 wet slips, 12 staging slips and a marina office.
When discussing the request, District 3 Commissioner Kevin Van Ostenbridge was highly critical of the marina’s non-compliant operations.
Gillespie said the shell parking lot was in place when the current owners bought the marina.
“The previous owner wanted more storage, more trailer parking so they added it at some point,” Gillespie said.
“Illegally, I might add,” Van Ostenbridge noted.
This photo presented during the land use meeting shows outdoor boat storage racks placed atop parking spaces at the Cortez Village Marina. – Submitted
Van Ostenbridge said during his four years as the District 3 commissioner, he’s received more complaints about the marina property than any other business in the district.
“You guys have been more than bad neighbors. You’ve been abusive neighbors up to this point,” Van Ostenbridge said.
“I’m well aware from complaints from neighbors that there are far in excess of the amount of boats you’re allowed to store on the property. They were on top of handicapped parking spaces,” Van Ostenbridge said.
The Cortez Village Marina business operations are currently non-compliant with county codes and entitlements. – Joe Hendricks | Sun
Regarding the expansion requests, Van Ostenbridge said, “You’ve not been fair actors up to this point. Why should we believe you guys would be compliant with this going forward? You’re here because residents raised hell, and we eventually had to send code enforcement out there and they found violations.”
In response, Gillespie said, “I can’t speak to previous ownership. All I can speak to is current ownership. They’re making the corrections. We’re getting rid of all the extra storage.”
Commissioner Jason Bearden asked county staff member Chris Klepek about the marina’s current state of compliance.
“Is it in compliance currently or is it getting into compliance?” Beardon said.
“It’s not in compliance at the current moment,” Klepek said.
“That’s all I need to know,” Beardon said.
“Is this approval required to get them into compliance?” Commissioner George Kruse asked.
Klepek said commission approval is needed for the additional Jet Ski storage, boat wash and maintenance areas but not to correct existing code violations.
“They could theoretically be in compliance before asking us for more?” Kruse asked.
“You’re right. They could just come into compliance,” Klepek responded.
Canal concerns
To reach the nearby Intracoastal Waterway, marina clients use a man-made canal owned by adjacent Hunters Point developer Marshall Gobuty. Gobuty owns the portion of the canal that extends from the east end of the marina property to the humpback bridge at 127th Street West, near the Seafood Shack. In 2022, Gobuty’s attorney filed a still-pending civil lawsuit against MHC Cortez Village seeking a court order that would prohibit the marina and its clients from using the privately-owned canal.
During public input at the land use meeting, Gobuty expressed concerns about additional Jet Ski traffic posing a risk to the manatees in the canal.
“The last thing we need is more Jet Skis going down the canal. It’s a lot of noise and a lot of aggravation that’s unnecessary,” Gobuty said.
He also expressed concerns about the boat washing and maintenance activities potentially releasing harmful fluids into the canal.
Gobuty referenced a Florida Department of Environmental Protection (FDEP) permit application in which a marina representative stated the marina had 10 in-water boat slips, 55 outside dry slips and 300 inside storage slips. He noted that far exceeds the 294 slips allowed by FDEP and the county.
Citing the safety of the manatees and dolphins in the canal, Hunters Point resident William Fulford was among the residents who opposed the additional Jet Ski, boat washing and maintenance activities.
The Hunters Point development plans include 49 canal-side boat slips. – Hunters Point | Submitted
Representing the marina owners, attorney Meredith Delcamp noted that Gobuty’s plans to install 49 boat slips along the canal that abuts the Hunters Point property will also increase traffic on the canal.
After public input, Van Ostenbridge noted the marina is owned by a “huge conglomerate” that operates multiple marinas and should be well aware of what’s required of them.
CORTEZ – A civil lawsuit regarding residential docks located in a canal owned by the Hunters Point Resort & Marina remains unresolved and the court filings continue.
Filed with the 12th Judicial Circuit Court in Manatee County on June 3, 2022, and assigned to Judge Edward Nicholas, the civil lawsuit filed by Hunters Point developer Marshall Gobuty’s Cortez Road Investments and Finance Inc. (CRIF) ownership group named canal-side property owners Jonathan and Sheila Graham, Mark Ibasfalean, Jacquelyn Shepard, Timothy Fitzpatrick, Mary Norman and Wendy and George Kokolis as defendants.
The lawsuit alleges the docks, boat lifts and other structures associated with those residential properties extend more than 25% into the canal now owned by Gobuty and Hunters Point. Each defendant named in the lawsuit owns canal-side residential property along the western edge of the Hunters Point property.
The lawsuit was triggered in part by the Cortez Village Marina ownership group challenging a permit issued by the Southwest Florida Water Management District in 2021 that allows for the construction of the Hunters Point docks.
In March, Administrative Law Judge Bruce Culpepper issued a recommended order in support of the Hunters Point permit being issued and the docks being built. A final order from the Southwest Florida Water Management District’s governing board is needed before the Hunters Point docks can be built.
Changing attorneys
In mid-2022, new pilings for the Kokolis’ desired boat lift were installed in the western end of the canal. This occurred before the lawsuit was filed.
Pilings for a new boat lift were installed in the canal in mid-2022. – Joe Hendricks | Sun
A May 3 Zoom hearing before Nicholas is scheduled regarding the Kokolis’ request to withdraw the Mackey Law Group as counsel.
According to the motion filed on March 16, “differences have arisen between Mackey Law Group and Wendy and George Kokolis that require Mackey Law Group’s withdrawal from further representation.”
On March 10, Judge Nicholas issued an order authorizing attorney Fred Moore to represent the Grahams and replace their previous attorney, David Levin.
The allegations
The lawsuit complaint alleges the defendants are maintaining docks, boat lifts and other structures on and in the privately-owned Hunters Point canal and are doing so without the authorization of the canal owner.
With the exception of a boat lift the Kokolis’ installed in the canal in early 2022, most of the other docks, lifts and structures were in place when Gobuty purchased the Hunters Point property and canal in 2016.
The lawsuit seeks the removal of the Kokolis’ boat lift. It also seeks the removal or relocation of the other docks, lifts and structures referenced in the lawsuit.
In July, Gobuty’s attorney, Susan Martin, sent the defendants a letter that said, in part: “Your dock, vessel and associated structures are not in compliance with Manatee County regulations because they exceed 25% of the width of the canal. We believe that we can amicably resolve this issue without the costs associated with protracted litigation.”
After receiving their court summons, the defendants hired attorneys to represent them.
Dock owner’s defense
On Dec. 6, Levin filed a motion for summary judgment on behalf of the Grahams.
That document notes Jonathan Graham acquired the canal-side property from his father, Donald Graham, in 2012. At that time, a dock and boat lift already extended from the Grahams’ property into the waters of the abutting canal.
The motion states a member of the Graham family has owned the property since 1987 and in 1994 Donald Graham obtained from Manatee County a construction permit to build a boat lift at the already-existing dock.
In 2015, Jonathan Graham obtained from Manatee County a construction permit to remove and replace the existing dock with a new dock to be located in the same footprint as the existing dock, with the previously installed boat lift remaining where it was.
“The issued permit stated the new dock would not exceed 25% into the canal,” the motion for summary judgment notes.
Highlighted in blue, the Grahams’ property is one of the canal-side properties referenced in the lawsuit. – Manatee County Property Appraiser – Submitted
The motion references a public hearing held by the Manatee County Commission in January 2018. While seeking commission approval for the Hunters Point development, attorney Caleb Grimes testified that Gobuty filed a declaration which allows homeowners along the canal to maintain and repair their docks.
In December 2021, Graham was notified that Gobuty filed a complaint against him with the Florida Department of Environmental Protection (FDEP) regarding the alleged non-compliance of the Grahams’ dock and boat lift. In January 2022, FDEP notified Graham the investigation did not reveal any FDEP violations.
In August 2022, Gobuty filed a complaint with the Manatee County Code Enforcement Department alleging the Grahams’ dock was built without a permit and potentially exceeds the county regulation that prohibits structures from extending more than 25% of the width of the canal.
The ensuing investigation conducted by Code Enforcement Supervisor Kristopher Weiskopf concluded the Grahams’ dock and lift were permitted, approved and no violations existed.
“Nevertheless, CRIF has continued to maintain its action against the Grahams, even after knowing that the allegations made against the Grahams were not supported by the material facts necessary to establish its claim,” according to the motion.
The summary judgment hearing scheduled for Feb. 2 was canceled before the hearing took place and it has not been rescheduled.
CORTEZ – Administrative Law Judge Bruce Culpepper issued a recommended order supporting the Southwest Florida Water Management District’s issuance of a permit for the construction of 49 canal-side dock slips at the Hunters Point Marina & Resort in Cortez.
“Based on the foregoing findings of fact and conclusions of law, it is recommended that the Southwest Florida Water Management District enter a final order granting Cortez Road Investment’s application for the permit to build a dock in the canal and issue ERP (environmental resource permit) Individual Construction Major Modification Permit 43032468.003,” Culpepper stated in the written recommended order he issued on March 7.
Administrative Law Judge Bruce Culpepper presided over the permit challenge hearing. – Submitted
Culpepper’s recommended order will be sent to the water district’s governing board for a final ruling. If the board’s final ruling supports Culpepper’s recommended order, the Hunters Points docks can be built in the man-made, privately-owned canal that surrounds the Hunters Point property on three sides.
This rendering illustrates the proposed Hunters Point dock locations along the canal. – Hunters Point | Submitted
Culpepper’s recommended order is based on the multi-day administrative hearing he conducted on behalf of the Florida Division of Administrative Hearings (DOAH) over the span of eight days in June, August and September.
In June 2021, the water management district issued Hunters Point developer Marshall Gobuty and his Cortez Road Investments and Finance Inc. ownership group the environmental resource permit/individual construction major modification permit needed to construct the docks. The permit authorizes Cortez Road Investments to install approximately 4,352 square feet of new piling-supported dock structures and to replace approximately 3,631 square feet of existing piling-supported dock structures.
The Cortez Village Marina is located eastward and upland from the Hunters Point property. – Joe Hendricks | Sun
Cortez Village Marina is located eastward and upland of the Hunters Point property. In July 2021, the Cortez Village Marina’s MHC Cortez Village LLC ownership group filed a petition challenging the issuance of that permit.
MHC Cortez Village asserted the proposed docks would adversely impact safe navigation and increase and impair vessel traffic through the canal by narrowing the canal’s navigable width.
During the hearing, MHC Cortez Village presented the testimony of marina manager Skip McPadden, Capt. Christopher Karentz and others. Cortez Road Investments presented testimony by Gobuty, land title expert Adron H. Walker, Captain Dane Fleming and others. The water management district’s witnesses included Lauren Greenawalt, who serves as a lead environmental scientist for the district.
The canal
According to Manatee County Property Appraiser records and testimony provided by Walker and Gobuty, Cortez Road Investments owns the portion of the canal that extends eastward from the humpback bridge at 127th Street West to the western boundary of the Cortez Village Marina property. Cortez Road Investments does not own the portion of the canal located directly in front of the marina basin or the remaining portion of the canal east of the marina.
Culpepper’s order notes the marina has existed in its current configuration since at least 2008 and a marina facility has operated at that location since at least the 1970s. According to McPadden’s testimony, the marina provides approximately 365 boat storage slips that include ‘high-and-dry’ slips, outside dry storage and in-water slips. McPadden testified the marina’s average boat size is 26 feet long and the largest boat stored there is 38 feet long and 11 feet wide.
The order notes the canal provides the marina and its clients with their only direct water access to the nearby Intracoastal Waterway.
“Consequently, to reach Tampa Bay or the Gulf of Mexico by boat, marina customers must travel down the canal past Hunters Point,” the order notes.
The order notes there are approximately 18 single-family homes located alongside the canal and many of those homes have existing docks and boatlifts – most of which predate Gobuty’s purchase of the Hunters Point property and canal in 2016.
In his order, Culpepper states: “Mr. Gobuty conveyed Cortez Road (Investments) never authorized any homeowners along the canal to access or use the waterway it owns. Neither has Cortez Road (Investments) given the marina or its customers specific permission to traverse the canal. Mr. Gobuty urged that Cortez Road (Investments) does not necessarily object to boaters using the canal to access Anna Maria Sound. However, Cortez Road (Investments) does intend to take steps to ensure that its property interests and rights to the canal are protected, as well as ensure the safe use of the canal. Towards this end, Cortez Road has and may continue to pursue legal action to ensure that the private homeowners across from Hunters Point comply with Manatee County codes in the configuration and placement of their docks in the canal.”
Testimony given
The order notes Cortez Road Investments has already implemented several navigational aids to enhance the safe use of the canal. One-way travel along the canal at timed intervals is encouraged to help prevent boats from passing side by side in the canal’s narrowest areas. Mirrors were installed at the 90-degree corners to increase boater visibility. “No wake” signs require boaters to travel at minimum speed and canal users are encouraged to monitor VHF radio channel 9 regarding inbound and outbound canal traffic.
Safety pilings and new signs were recently installed in the canal near the Cortez Village Marina. – Hunters Point | Submitted
Regarding testimony he received, Culpepper’s order says, “Ms. Greenawalt best framed the analysis by acknowledging that the dock, and any boats moored thereto, will undeniably affect navigation through the canal to some extent. The evidence clearly shows that boaters will have to be mindful of a reduced navigable width when traveling alongside Hunters Point, particularly when crossing the three ‘pinch points’ on the north-south channel. However, Capt. Fleming convincingly explained that after the dock is built, the canal will still contain sufficient space for boaters to safely travel between the bridge and the marina.
Several of the 86 Hunters Point homes have already been built and some area awaiting new docks. – Joe Hendricks | Sun
“All witnesses agree that following construction of the dock, boats will still be able to freely travel through the canal one at a time. The proposed dock will not interfere with or prevent a single boater from traversing from the bridge to an upland property.
“The evidence shows that the dock will not reduce the safe navigational width of the waterway any more than the bridge at the entrance to the canal, which is 15 feet wide, or the narrow bottleneck just before the marina where mangrove growth restricts safe movement to one boat at a time,” Culpepper noted in his order.
“It is uncontroverted that the placement of the dock in the canal will affect navigation to some degree. However, the evidence was insufficient to conclude that the dock will constitute an environmental hazard to public health, safety, welfare or property. Similarly, the evidence and testimony do not show that the construction of the dock will cause more than a mere inconvenience to boaters similar to what they already face at the bridge, much less result in a significant impediment to navigation,” the order states.
“Based on the evidence and testimony presented at the final hearing, the undersigned finds that Cortez Road (Investments) and the district presented competent substantial evidence establishing Cortez Road’s entitlement to the permit. Conversely, the marina did not meet its burden of demonstrating that the district should not issue the permit,” Culpepper stated in his order.
CORTEZ – Several property owners along a privately-owned canal are planning their response to a lawsuit filed against them by Hunters Point developer Marshall Gobuty and his Cortez Road Investments and Finance Inc. ownership group.
Filed with the 12th Judicial Circuit Court in Manatee County on June 3 and assigned to Judge Edward Nicholas, the civil lawsuit names canal-side property owners Jonathan Graham, Sheila Graham, Mark Ibasfalean, Jacquelyn Shepard, Timothy Fitzpatrick, Mary Norman, Wendy Kokolis and George Kokolis as defendants. Around July 20, they were served with summons and copies of the lawsuit complaint many of them had already read about in The Sun.
Highlighted in blue, Jonathan and Sheila Graham’s canal-side property is among those referenced in the lawsuit complaint. – Manatee County Property Appraiser’s Office | Submitted
The lawsuit stems from an ongoing dispute over a canal between Cortez Road Investments and the MHC Cortez Village LLC that owns the nearby Cortez Village Marina.
The canal surrounds the Hunters Point property on three sides. Constructed in the 1950s, the portion of the canal owned by Gobuty extends from the humpback bridge at 127th Street West (near the Seafood Shack restaurant) to the western boundary of the Cortez Village Marina property. Another portion of the canal extends southward to the northern boundary of the Buttonwood Inlet RV resort property. The canal is used by homeowners, marina patrons and guests at the Buttonwood Inlet and Holiday Cove RV resorts.
The residential properties involved in the lawsuit are located along 126th Street West and across the canal from the northwestern edge of Hunters Point property where 86 solar-powered, net-zero energy-rated townhomes are currently being constructed. The phase two development plans include a 20-unit hotel/apartment building.
This map indicates where the 86 townhomes and 49 dock slips will be located on the Hunters Point property. – Cortez Road Investments
According to Ibasfalean, the defendants have retained an attorney or attorneys in response to the summons.
“We’re going to have to work together on this. We just got served. This battle is between Hunters Point and the marina, but now that we’re involved, we have to react,” he said.
The lawsuit complaint alleges that the property owners previously constructed and are currently maintaining docks, boat lifts and other structures in the privately-owned canal without the authorization of the canal owner.
Gobuty seeks the removal of the structures, but a follow-up letter drafted by Gobuty’s attorney, Susan Martin, clarifies that the lawsuit’s actual intent is to ensure that none of the structures extend more than 25% into the canal that’s approximately 65 feet wide in those areas.
“Unfortunately, one of the main areas of concern identified by MHC (Cortez Village Marina) in its suit against CRIF (Cortez Road Investments & Finance) is the area where you maintain your dock. Your dock, vessels or associated structures exceed 25% of the width of the waterbody. MHC contends that its 350 lessees and other customers will have navigational difficulties in this area. Because of these actions by MHC, CRIF has been left with no choice but to file the attached complaint against you. Additionally, your dock, vessel and associated structures are not in compliance with Manatee County regulations because they exceed 25% of the width of the canal,” Martin stated in her letter.
According to Manatee County’s Land Development Code, “Private residential waterfront structures shall not extend more than 25% of the width of the waterbody. Boats shall not be moored in a manner which impedes navigation or encroaches on an existing channel.”
In conclusion, Martin’s letter says, “We believe that we can amicably resolve this issue without the costs associated with protracted litigation. If you are interested in resolving this lawsuit, please contact me.”
Several property owners have docks and boat lifts located along the northwestern edge of the Hunters Point canal. – Joe Hendricks | Sun
Gobuty purchased the Hunters Point property and canal in 2016. The warranty deed associated with the $10 million purchase from the Cipriani family and Hunters Hill Inc. states the seller assigns forever the property and any rights associated with the property, including any riparian rights associated with the canal.
When appearing before the Manatee County Commission in 2016 as part of the initial Hunters Point permitting process, Gobuty said he would not prevent anyone who already had a county-permitted dock in place from using the canal. Gobuty recently told The Sun that while he still feels that way, he also feels forced into this recent legal action by the actions of MHC Cortez Village.
Ibasfalean said he bought his home in 1985 and there was already a dock in place at the time. Although the lawsuit pertains to docks and boat lifts, Ibasfalean is also concerned about the canal potentially being closed to everyone except the Hunters Point homeowners who also purchased dock slips.
Ibasfalean’s wife, Kim, owns and operates Captain Kim’s Boat Rides and Charters and she stores her boats at the couple’s residential dock.
“We have two or three of them here at any time. We also have our own boat there. I can keep up to four boats there, but none of those boats work out of here. There’s no business activity or parking taking place here,” he said.
Regarding the potential loss of their dock and the use of the canal, Ibasfalean said, “It would be a huge impact. She would have to figure out where to put an entire fleet of small boats.”
Ibasfalean said he’s navigated the canal for 55 years and he doesn’t think the Hunters Point docks would impede navigation.
“I’ve built docks all my life. Those docks will fit in there. I don’t have a problem with the docks or any boats coming up and down the canal. On weekends, we’ve probably got 500 or more boats coming in and out of there. It’s probably one of the busiest canals in the county,” Ibasfalean said.
“I believe the canal was built in 1959 and Eddie Cipriani and his son Frank did the work. We live in one of the original houses that Cipriani built. They wanted to go in the house building business. He was planning on building a lot of homes, but they stopped after that one strip of homes on our street,” he added.
Lawsuit origins
The canal dispute began in July 2021 when MHC Cortez Village LLC initiated an administrative challenge to the environmental resource permit Cortez Road Investments received from the Southwest Florida Water Management District that June. The state-issued permit allows Hunters Point to install 32 new parallel mooring slips and replace 17 existing slips for a total of 49 slips.
MHC Cortez Village’s petition for hearing alleges the Hunters Point docks would increase traffic and narrow the navigable portions of the canal, limit the size of the vessels that use the canal and negatively impact the profitability and operations of the marina. MHC Cortez Village seeks an order for the permit to be revoked or modified in a manner that lessens the docks’ impact on the canal.
Eighty-six townhomes are being built on the Hunters Point property. – Joe Hendricks | Sun
Held at the Southwest Florida Water Management District office in Tampa, the first two days of the administrative hearing took place on June 14 and 15. The hearing is scheduled to resume on Tuesday, Aug. 16.
When the hearing started, administrative law judge Bruce Culpepper said the recommended order he will issue after the hearing concludes will only pertain to whether the water district’s environmental resource permit was properly issued. Culpepper said riparian rights and the continued use of the canal by others are issues to be decided in a circuit court.
Stantec ecologist Elizabeth Eardley helped Gobuty’s development team acquire the environmental resource permit needed to build the docks. On June 15, she testified that the water district’s permitting process did not require a navigational impact study because the Hunters Point canal is privately owned. She also testified that the Hunters Point docks would not impede navigation.
Attorney and property title expert Adron Walker testified the man-made canal did not exist when Florida was granted statehood in 1845 and therefore the privately-owned canal’s submerged lands are not state-owned sovereign lands. He also testified the canal did not exist when the property was platted in 1921.
This canal area highlighted in blue is owned by developer Marshall Gobuty and Cortez Road Investments, according to the Manatee County Property Appraiser’s Office. – Manatee County Property Appraiser’s Office | SubmittedWhen referring to Manatee County Property Appraiser’s Office records and images, Walker testified that the Hunters Point-owned canal extends from 127th Street West to the western boundary of the Cortez Village Marina property. He also testified that the portion of the canal located directly in front of the marina is owned by the Frank Cipriani Jr. and/or the Cipriani family trust.
According to property appraiser records, the marina basin is owned by the marina and the most easterly portion of the canal is owned by the Holiday Cove RV resort.
Walker testified that he could not locate any written agreements that grant the marina, its predecessors or any other upland property owners the use of the portions of the canal owned by Gobuty or the Cipriani family.
Additional legal action
On May 26, Cortez Road Investments filed a lawsuit against MHC Cortez Village LLC alleging the marina and its patrons are using the canal without authorization. The lawsuit seeks a court-ordered injunction that would prohibit the marina and its patrons from using the canal. Separate from the lawsuit filed a week later against the canal-side homeowners, that case has been assigned to Judge Charles Sniffen.
On June 6, an attorney representing MHC Cortez Village filed a response that stated the navigable canal has been used for more than 25 years by the marina, the marina’s predecessors and those who own homes along the canal.
A counterclaim filed by Martin, Gobuty’s attorney, states, “By calling the waterbody the ‘navigable canal,’ MHC implies that the canal is navigable under the law and legally open to public use. However, this is not the case.”
Wendy and George Kokolis received a cease-and-desist letter regarding the boat lift being installed (on the left) across the canal from the Hunters Point property. – Joe Hendricks | Sun
On May 17, Martin sent a letter to the Kokolis’ regarding the boat lift being installed in front of their undeveloped canal-side property near the humpback bridge.
“This letter is to advise you to immediately cease construction and to remove the works that you have already placed on my client’s private property. If you fail to do so, we will be forced to seek immediate injunctive relief and damages in circuit court,” Martin stated in her letter.
Wendy Kokolis told The Sun a permit was obtained from Manatee County for the installation of the lift.
CORTEZ – The public can watch the next Hunters Point Resort & Marina dock permit challenge hearing on Zoom, scheduled for Tuesday, Aug. 16 at 9:30 a.m. through Thursday, Aug. 18 at the Southwest Florida Water Management District (SWFWMD) office in Tampa.
Additional hearing dates, if needed, are scheduled for Sept. 1-2 at 9:30 a.m. All hearing dates will have a Zoom conference option that anyone can access using the meeting ID 2965656070 and the meeting passcode 133626.
The administrative hearing pertains to an administrative challenge the owners of the nearby Cortez Village Marina, MHC Cortez Village LLC, filed against developer Marshall Gobuty’s Cortez Road Investments & Finance Inc. ownership group and SWFWMD.
Cortez Village Marina seeks the revocation or modification of the environmental resource permit that SWFWMD issued to Gobuty and his development team in 2021. That permit allows for the construction of 49 docks along the canal privately owned by Gobuty and Cortez Road Investments. The canal borders the Hunters Point property located along Cortez Road West on three sides.
Administrative law judge Bruce Culpepper is presiding over the hearing, which began on June 14-15. Culpepper said the sole intent of the hearing is to determine whether the water district properly issued the environmental resource permit that allows the Hunters Point docks to be built.
Navigation rights
The separate but related issue of any existing and ongoing riparian rights held by upland property owners, including the Cortez Village Marina, is a matter to be decided in the 12th Judicial Circuit Court in Manatee County.
The Hunters Point ownership group has filed a riparian rights-related lawsuit against the Cortez Village Marina that seeks an injunction to prevent the marina and its clients from using the Hunters Point canal. Judge Charles Sniffen has been assigned to the case.
On June 6, an attorney representing the Cortez Village Marina filed a response that, among other things, contends the navigable canal has been used for more than 25 years by the marina, the marina’s predecessors and those who own homes along the canal.
A counterclaim filed by Gobuty’s attorney states: “MHC (Cortez Village Marina) refers to the canal as the ‘navigable canal.’ By calling the waterbody the ‘navigable canal,’ MHC implies that the canal is navigable under the law and legally open to public use. However, this is not the case.”
The Hunters Point ownership group also recently filed a civil lawsuit to compel eight property owners to remove their docks, boat lifts and other structures located in the Hunters Point canal. Judge Edward Nicholas has been assigned to this case and the attorney or attorneys representing the defendants named in this lawsuit had not filed any responses as of Friday, July 1.
No hearing dates have been scheduled for either of the civil lawsuits.
CORTEZ – A hearing is underway to decide whether Hunters Point can build 49 docks in the canal bordering the new development.
The case pertains to the environmental resource permit that the Southwest Florida Water Management District (SWFWMD) issued Hunters Point developer and property owner Marshall Gobuty in June 2021.
The permit allows Gobuty to build 49 docks – or one continuous dock with 49 slips – along the privately-owned canal he purchased when he bought the Hunters Point property in 2016. Construction is well underway on many of the 86 three-story, net-zero energy rated solar powered townhomes, but the docks will not be built until the permitting challenge is resolved. Many who pre-purchased Hunters Point homes did so with the understanding that their home would include a dock.
The Cortez Village Marina’s ownership group is challenging an environmental resource permit issued in 2021 for the construction of the Hunters Point docks. – Joe Hendricks | Sun
In July 2021, MHC Cortez Village LLC, the Cortez Village Marina ownership group, filed a petition for an administrative hearing naming Gobuty’s Cortez Road Investments ownership group and SWFWMD as respondents and asking that SWFWMD be ordered to revoke the approved permit or modify it in a manner that further protects navigation.
The petition claims the Hunters Point docks would increase traffic on the canal, impair vessel traffic by narrowing the navigable portions of the canal, negatively affect the marina customers’ safe use of the canal, limit the size of the vessels that can use the canal and negatively impact the profitability and ongoing operations of the Cortez Village Marina. The marina is located along Cortez Road West, less than a half-mile east of the Hunters Point property and upstream of the canal owned by Gobuty’s Cortez Road Investments and Finance Inc. The canal borders the Hunters Point property on three sides.
The Buttonwood Inlet and Holiday Cove RV parks are also located along the canal, east of the Hunters Point property, as are several privately owned homes. The west end of the canal passes under the humpback bridge at 127th Street West, where it connects with the Intracoastal Waterway near the Seafood Shack restaurant.
Administrative law judge Bruce Culpepper presided over the June 14-15 hearing at the SWFWMD office in Tampa on behalf of the State of Florida’s Division of Administrative Hearings. The next hearing date has not yet been scheduled.
Attorneys Susan Martin and John Fumero represented Cortez Road Investments at the hearing. Attorneys Megan Albrecht and Elizabeth Fernandez represented SWFWMD and attorneys Matthew Chait, Devon Woolard and Dan Norby represented the Cortez Village Marina.
Culpepper said the sole intent of the hearing is to determine whether the water district properly issued the environmental resource permit that allows the Hunters Point docks to be built. All parties involved agreed that the riparian rights – the right to continue using the canal for navigational purposes – of the marina, the marina customers, the RV resorts and those who own homes along the canal are a matter to be decided in a circuit court.
Hearing Testimony
After opening arguments by the three parties involved, Martin began presenting Cortez Road Investment’s case, joined at times by SWFWMD attorneys, with cross examination by the Cortez Village Marina’s attorneys.
While testifying and being cross-examined, Gobuty said the Hunters Point docks are designed to accommodate boats no longer than 25 feet, while the marina accommodates vessels as long as 35-38 feet. It was also noted the marina and storage facility accommodates approximately 350 vessels.
On June 15, Captain Dane Fleming was called as a witness for Cortez Road Investments. Fleming said he navigated and measured the canal on two different occasions prior to the hearing. Fleming expressed his opinion that the canal is wide enough to accommodate the Hunters Point docks without hindering or impeding navigation.
Fleming called into question a video previously provided on behalf of the marina owners. He noted the captain of the boat from which that video footage was filmed was navigating on the wrong side of the canal while filming. Fleming said this resulted in camera angles that “skewed” the marina’s claims regarding visibility and the canal being too narrow for safe navigation in some areas. Fleming noted there are some areas that are too narrow for two boats to pass side-by-side, but one boat can wait in the wider area until the other boat navigates the narrower area.
Stantec ecologist and permit expert Elizabeth Eardley helped Gobuty’s development team acquire the environmental resource permit granted in 2021. While testifying Wednesday, Eardley said the state permitting process did not require a navigational impact study because the canal is privately owned. She also testified the Hunters Point docks are designed to allow adequate remaining navigational space in the canal and are not expected to impede navigation.
When the hearing continues, SWFWMD attorneys will present their arguments regarding the environmental resource permit being properly issued. After that, the Cortez Village Marina attorneys will present their arguments.
Ownership and riparian rights
Even though riparian rights will not be determined during the administrative hearing, testimony was still given pertaining to the history and ownership of the canal.
The canal area directly west of the Cortez Village Marina is owned by Cortez Road Investments and is also utilized by canal-side homeowners and the Buttonwood Inlet RV Resort. – Joe Hendricks | Sun
When testifying on behalf of Cortez Road Investments, attorney and property title expert Adron Walker said the man-made Hunters Point canal did not exist when Florida was granted statehood in 1845, thus the canal’s submerged lands are privately owned and are not state-owned submerged sovereign lands. Walker also testified that the man-made canal did not exist when the property now known as Hunters Point was first platted in 1921.
During Walker’s testimony, property cards and images from the Manatee County Property Appraiser’s Office were displayed. One property card shows the Hunters Point-owned canal that extends from 127th Street West to the western boundary of the Cortez Village Marina property. Walker said he could not locate any easements or usage agreements ever granted to the marina or any other potentially impacted upland property owners regarding their right to use the privately-owned Hunters Point canal.
According to this property card image, the canal area highlighted in blue is owned by developer Marshall Gobuty’s Cortez Road Investments and Finance Inc. -Manatee County Property Appraiser | SubmittedThe canal area highlighted in blue is owned by Marshall Gobuty’s Cortez Road Investments and Finance Inc. as part of the triangular-shaped Hunters Point property. – Manatee County Property Appraiser | Submitted
Walker referenced another property card which revealed the portion of the canal located directly in front of the marina is not owned by the marina but is owned by the Cipriani family trust that previously owned the Hunters Point property and canal. Walker also said he’s not aware of any use agreement between the marina and the Cipriani family trust for the use of that portion of the canal.
According to this property card, the canal area in front of the Cortez Village Marina (highlighted in blue) is owned by the Cipriani family trust. – Manatee County Property Appraiser | SubmittedLocated in front of the Cortez Village Marina, the canal area highlighted in blue is owned by the Cipriani family trust. – Manatee County Property Appraiser | Submitted
Walker said the only existing right the marina and the other upland owners might have would be a prescriptive easement granted by a court. Walker said a declaration of that nature usually requires an existing historic use of at least 20 years.
Martin noted the original petition for hearing states the Cortez Village Marina has operated in its current configuration since 2008. The petition also notes that site has been used as a marina since at least the 1990s.
Recent lawsuits
In late May, Cortez Road Investments filed a civil lawsuit in the 12th Judicial Circuit Court in Manatee County seeking to prohibit the marina and its clients from using the Hunters Point canal.
The lawsuit seeks a permanent injunction that would prohibit Cortez Village Marina clients and employees from using the privately owned Hunters Point canal. The lawsuit notes the canal was constructed in the 1950s.
In early June, Cortez Road Investments filed a separate lawsuit against upland canal-side property owners Jonathan and Sheila Graham, Mark Ibasfalean, Jacquelyn Shepard, Mary Norman, Timothy Fitzpatrick and Wendy and George Kokolis. That lawsuit complaint states those property owners have constructed and are maintaining docks, lifts and other structures on and in the Hunters Point canal without the property owner’s authorization. The complaint notes that the Cortez Village Marina petition contends, in part, that the existing docks that extend into the Hunters Point canal could impede navigation for the marina customers.
“This has left plaintiff (Gobuty/Hunters Point) with no choice but to file this suit against defendants,” according to the lawsuit complaint.
The lawsuit seeks the removal of the named property owners’ docks, lifts and other structures located in the canal.
CORTEZ – Hunters Point Resort & Marina has sued the neighboring Cortez Village Marina to keep it from using a canal where Cortez Village Marina claims Hunters Point should not be allowed to build new docks.
The Hunters Point property under development on Cortez Road West includes 86 three-story, net-zero energy use solar-powered townhomes, many of which are expected to have private docks along the canal that surrounds the Hunters Point property on three sides.
This model of the Hunters Point development includes the canal that surrounds the property on three sides. – Joe Hendricks | Sun
Hunters Point is about two-tenths of a mile west of the Cortez Village Marina and boat storage facility at 12160 Cortez Road W.
Boca Raton-based attorney Susan Roeder Martin filed the lawsuit in the 12th Judicial Circuit Court in Manatee County on May 26. The civil case has been assigned to Judge Charles Sniffen. As of Friday, the defendant’s attorney had not filed a response to the complaint.
Injunctions sought
The complaint states that Marshall Gobuty’s company, Cortez Road Investments and Finance Inc., owns the Hunters Point property, including the canal constructed the 1950s and purchased by Gobuty in 2016.
The lawsuit seeks a temporary injunction, followed by a permanent injunction, to prohibit the Cortez Village Marina, owned by MHC Cortez Village LLC, from using the private canal surrounding the Hunters Point property.
Marina customers use the canal to access the Intracoastal Waterway (ICW) near the Seafood Shack restaurant, as do several homeowners who live on the canal. The lawsuit does not seek to prohibit homeowners with existing county-permitted docks from using the canal.
The complaint alleges the marina is unlawfully using the canal without the authorization of the property owner, and that the marina owners are encouraging customers to unlawfully enter the canal by advertising that those who lease marina slips can use the canal to access the ICW.
“There are no easements, licenses or other use authorizations for navigation dedicated to the Cortez Village Marina or the general public found in the chain of title,” according to the complaint. “The public records of Manatee County do not indicate that any additional rights to build docks, tie up boats or utilize the private canal were granted to defendant’s predecessors or to the public. Therefore, defendant’s use is limited to a single dock with but one boat.
“MHC Cortez Village has led its 350 patrons to believe that they can lawfully utilize the private canal to access the Intracoastal, as is evidenced in its marina brochure,” Martin stated in an email that included the lawsuit complaint.
Several homeowners own docks along other areas of the canal. – Joe Hendricks | Sun
When the proposed Hunters Point development was being approved by the Manatee County Commission in 2017, several residents who own docks along the canal voiced concerns about losing the use of the canal.
In response, Gobuty’s attorney, Caleb Grimes, said, “We don’t believe anybody with a current dock has anything that is improper. These people have the right to use them as they have historically used them.”
Dock permitting challenge
MHC Cortez Village LLC filed a petition for an administrative hearing in July 2021 against Cortez Road Investments and Finance Inc. and the Southwest Florida Water Management District (SWFWMD) challenging the district’s issuance of a permit allowing Hunters Point to build docks in the canal.
The petition claims the construction of the new docks would significantly increase and impair vessel traffic in the canal, negatively affecting Cortez Village Marina users’ ability to safely navigate the canal and affecting the marina’s profitability and ongoing operations.
The canal along the Hunters Point property is used by marina clients and neighboring homeowners. – Joe Hendricks | Sun
The petition requests the dock permit be revoked or modified to protect the marina’s riparian rights and navigational interests.
In December, Hunters Point Vice President of Development Ashley Klearman sent a construction update letter to those who purchased the Hunters Point homes about to be constructed.
“MHC is arguing the proposed docks hinder the navigation of the canal, even though the proposed docks have been designed to provide as minimal an intrusion into the canal as possible and are in full compliance with all local, state and federal rules and regulations. It is our legal team’s position that this petition is without merit and that SWFWMD correctly issued the permit,” Klearman stated in her letter.
According to Gobuty, the administrative hearing is scheduled to take place on Tuesday, June 14.
Boat lift installation
In another canal-related matter, Hunters Point sent a cease and desist letter to George and Wendy Kokolis on May 17 regarding the boat lift being installed at their undeveloped lot on the canal directly across from the Hunters Point property. The Kokolis’ lot is next to the residence they own at 4317 126th St. W.
A cease and desist letter was issued regarding the installation of a boat lift on the canal across from the Hunters Point property. – Joe Hendricks | Sun
“It has come to my attention that you are building a dock/boat lift on Cortez Road Finance and Investments’ private canal. This letter is to advise you to immediately cease construction and to remove the works that you have already placed on my client’s private property. If you do not immediately remove your facilities, we will file suit and seek damages from you. We will also request attorney’s fee and costs,” Martin stated in her letter.
As of late last week, the boat lift had not been removed.
