Tag: Cortez Village Marina

Hunters Point canal settlement reached with one defendant

Written by Joe Hendricks on March 31, 2026. Posted in Community News, Cortez.

CORTEZ – One of the defendants, Jacquelyn Shepard, named in a 2022 lawsuit regarding the residential use of the man-made Hunters Point-owned canal reached a settlement agreement with Cortez Road Investments and Finance Inc. (CRIF) and Hunters Point developer Marshall Gobuty.

Through her Cortez Canal House and Cortez Boat Resort limited liability corporations, Shepard owns the canal-side homes located at 4219 126th Street West and 4223 126th Street West in Cortez.

On Feb. 19, Shepard and CRIF reached a settlement agreement that removes Shepard as a defendant in the case for which a jury trial is scheduled to take place in mid-May before 12th Circuit Judge Charles Sniffen.

The Manatee County Property Appraiser Office lists Cortez Road Investments and Finance Inc. as the owner of the canal that’s highlighted in teal. – Manatee County Property Appraiser Office | Submitted

Filed on June 3, 2022, the civil lawsuit alleges some of the docks and boat lifts at the west end of the canal, across the canal from the Hunters Point property, violate county regulations because they allegedly extend more than 25% into the canal waterway. When speaking to The Sun in the past, some of the other defendants disputed the allegation that their docks and/or boat lifts extend too far into the canal.

According to the Joint Notice Of Voluntary Dismissal With Prejudice dated Feb. 19, “The parties have entered into a settlement agreement resolving all matters in the above-styled litigation as among themselves. All claims asserted by plaintiff against defendants Jacquelyn Shepard, The Cortez Canal House, LLC and The Cortez Boat Resort LLC are hereby voluntarily dismissed with prejudice. All counterclaims asserted by defendants Jacquelyn Shepard, The Cortez Canal House, LLC and The Cortez Boat Resort LLC against plaintiff are hereby voluntarily dismissed with prejudice.

“This dismissal applies only to the claims and counterclaims among the parties executing this notice. The litigation remains pending as to all other parties. Each party shall bear their own attorney’s fees and costs incurred in this litigation,” the notice states.

THE PARTIES SPEAK

When speaking to The Sun on March 26, Gobuty said, “We worked together to solve an issue, keep the canal safe for boating and let the homeowners enjoy the canal behind their home. It was a pleasure to work with Jackie and her husband, Steve.

“One home had a dock was torn down by the hurricane and it is acceptable to Cortez Road Investments and Finance Inc. if she replaces that dock, after she gets the required Manatee County permits. The second home has a dock that is within the 25%, so that is fine as it is. They also have access to use the canal and the necessary easements have been granted and are being recorded,” Gobuty said.

*Several boat docks and boat lifts are located across the canal from the Hunters Point property in Cortez. – Joe Hendricks | Sun*

Attorney Susan Martin represents Gobuty and CRIF. When speaking to The Sun on March 26, Martin disclosed some of the general settlement terms.

The settlement terms include CRIF being named as additional insured parties on Shepard’s homeowners’ insurance policies.

The settlement agreement allows Shepard to maintain her current dock at 4223 126th Street West and build a new, five-foot-wide dock at 4219 126th Street West to replace the dock that was damaged during the 2024 hurricanes.

When speaking to The Sun on March 26, Martin said, “Marshall’s objective is to have people comply with the Manatee County regulation by being less than 25% of the width of the water body. His second objective is to be on everybody’s insurance policy so if there’s some type of accident on the canal, he’s not responsible for it. Thirdly, and probably most important, is to make sure there are no navigational hazards on the canal.”

Martin said the recorded easements grant Shepard and the occupants of those two properties the right to utilize the canal for the purpose of maintaining her docks and using the canal to access the Intracoastal Waterway.

When speaking to The Sun on March 27, Shepard said she’s not real pleased about being limited to building a new dock that’s only five feet wide, but she’ll make it work.

As for why she settled, Shepard said, “I didn’t want to spend any more money on legal fees. It’s a narrow canal, so we have to work together. Before Marshall came, it was only being used on our side of the canal. Now that’s not the case so we’ve got to make adjustments. As long as it’s done in a reasonable fashion and there’s compromise on both sides, then it’s a good day.”

*Jonathan and Sheila Graham’s boat lift is part of the lawsuit dispute. – Joe Hendricks | Sun*

The lawsuit still names Jonathan Graham, Sheila Graham, Mark Ibasfalean, Wendy Kokolis and George Kokolis as defendants.

The Sun reached out to Jonathan Graham, Mark Ibasfalean and their attorney, Fred Moore, but no comment was provided at this time.

“Capt. Kim” Ibasfalean stores the boat she uses for her Captain Kim’s Boat Rides & Charters business at their canal-side home. In the front yard of Mark and Kim’s home are two signs that reference the “Stand with Captain Kim to Protect Her Home” online fundraiser that, to date, has received $1,215 in donations.

*Mark and Kim Ibasfalean’s canal-side home. – Joe Hendricks | Sun*

The tall vertical sign placed in the couple’s front yard says, “Help save the canal. Hunters Point, on the other side of this canal, has 6 homeowners on this canal in a 3-year court battle. They claim they OWN all of this part of the canal and up to 3 feet into our back yards and we must remove our docks.”

*“Captain Kim” stores her charter boat at her canal-side home in Cortez. – Joe Hendricks | Sun*

“I have lived here and paid property taxes for 40 years. They persuaded a judge to file a lis pendins (pendens) on our properties. Meaning: we cannot sell our homes or borrow against them. They specifically told me that ‘when’ they win, they will charge everyone to use the canal. Help us keep waterways open to the public. Stop developers from taking over!” the yard sign says.

*This sign stands in Kim and Mark Ibasfalean’s front yard. – Joe Hendricks | Sun*

A banner that hangs in front of the Ibasfaleans’ home also references the GoFundMe page and says, “Help us keep this canal for everyone. I have spent $100,000 lawyer/surveyor fees. If we loose (lose) = you will pay to use canal.”

*This banner hangs in front of Mark and Kim Ibasfalean’s canal-side home. – Joe Hendricks | Sun*

Regarding the upcoming jury trial, Martin said if CRIF prevails in the lawsuit, CRIF can pursue the recovery of the value of the use of the canal, from the time the lawsuit was filed until the time the non-compliant docks, boat lifts are removed

Martin said if the defendants prevail in court, they’ll be able to maintain their docks and lifts in their current conditions, even if they pose potential navigational hazards to other boaters and canal users.

CANAL HISTORY

Constructed in the 1950s, the man-made inland canal extends from the humpback bridge at 127th Street West (near the former Seafood Shack property) to the Cortez Village Marina and boat basin at the east end of the canal.

The canal surrounds the Hunters Point property on three sides and it provides the only waterway connection to the Intracoastal Waterway for those who have docks, lifts and boat storage facilities along the canal.

*The canal surrounds the Hunters Point property on three sides and extends east to the Cortez Village Marina. – Manatee County Property Appraiser Office | Submitted*

The 2022 lawsuit was filed in connection with an ongoing dispute between Cortez Road Investments and Finance Inc. and the MHC Cortez Village LLC limited liability corporation that owns the nearby Cortez Village Marina that utilizes the canal Gobuty purchased when he bought the undeveloped Hunters Point property in 2017.

*The Cortez Village Marina (blue roof) is located to the east of the Hunters Point homes. – Joe Hendricks | Sun*

The lawsuit involving the canal-side property owners was filed about a week after CRIF filed a civil lawsuit against MHC Cortez Village LLC, the owners and operators of the Cortez Village Marina, on May 26, 2022.

CRIF filed the lawsuit against MHC Cortez Village LLC in the midst of what proved to be the marina ownership group’s unsuccessful challenge of the state-issued permit that allows for the construction of 49 Hunters Point docks and boat slips along the Hunters Point side of the canal. The CRIF/MHC Cortez Village lawsuit remains ongoing and no trial date has been set for that case.

*Approximately half of the 86 Hunters Point have been built and several are now occupied. – Joe Hendricks | Sun*

The 86-unit Hunters Point community is now approximately 50% completed and some of the solar-powered, LEED-certified townhomes are now occupied as homes, second homes or short-term vacation rentals as the construction of more townhomes and the Hunters Point docks continues.

Jonathan and Sheila Graham’s red canopy-covered boat lift is part of the lawsuit. The boat lift in the foreground that is closer to the shoreline is not. – Joe Hendricks | Sun

Hunters Point canal settlement reached with one defendant

Cortez Village Marina requests denied

Written by Joe Hendricks on September 9, 2024. Posted in Community News, Cortez, Featured.

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.

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.

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.

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.

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.

Hunters Point prevails in dock permitting appeal

Written by Joe Hendricks on May 6, 2024. Posted in Featured.

CORTEZ – Hunters Point developer Marshall Gobuty and his Cortez Road Investments and Finance Inc. (CRIF) ownership group have prevailed in a dock permit-related appeal filed last year by the Cortez Village Marina ownership group, MHC Cortez Village LLC.

The appeal pertained to the environmental resource permit the Southwest Florida Water Management District (SWFWMD) initially issued to Gobuty and CRIF in 2021.

MHC Cortez Village LLC promptly appealed the water management district’s permitting decision and claimed the Hunters Point docks would impede marina clients’ navigation of the canal.

The environmental resource permit allows CRIF to construct 32 new docks and replace 17 existing docks along the CRIF-owned constructed canal that surrounds the Hunters Point property on three sides. The yet-to-be-built docks are part of the ongoing Hunters Point development that features 86 LEED-certified solar-powered homes.

Built in the 1950s, the canal provides Cortez Village Marina clients and others with their only direct water access to the nearby Intracoastal Waterway. Gobuty purchased the majority of the long-established canal when he bought the Hunters Point property from the Cipriani Family Trust in 2016.

Earlier this year, CRIF purchased from the Cipriani Family Trust an additional portion of the canal located directly in front of the marina. CRIF now owns the portion of the canal that extends from the eastern edge of the marina property to the humpback bridge on 127th Street West near the Seafood Shack. Holiday Cove RV Resort owns the remaining portion of the canal that dead-ends at the east end of the Holiday Cove property. MHC Cortez Village does not own any portion of the canal.

After conducting a multi-day hearing in late 2022, Administrative Law Judge Bruce Culpepper issued a recommended order in March 2023 that concluded: “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’s (CRIF) application for the permit to build a dock in the canal and issue ERP Individual Construction Major Modification permit 43032468.003.”

In May 2023, the SWFWMD governing board entered the final order recommended by Culpepper. MHC Cortez Village then appealed the governing board’s final order with the Second District Court of Appeal in Lakeland.

During the administrative hearing conducted by Culpepper, there was testimony and discussion about limiting boat traffic on the Hunters Point-owned portion of the canal to alternating one-way travel at specifically timed intervals. It was also noted there are existing pullout areas where one boat can pull over and allow another to pass by. Gobuty and others testified that one-way travel would eliminate the need for two boats to pass each other side-by-side in a narrow portion of the canal, or for one boat to pull to the side to make room for another.

In early 2023, CRIF voluntarily posted signs in the canal that reference one-way travel at 15-minute intervals for inbound or outbound boat traffic, installed mirrors to increase visibility at the dog-legged corners of the canal and installed signs instructing boaters to monitor VHF marine radio channel 9. CRIF also redesigned its docks to meander closer to the shoreline where possible.

When issuing its final order, the SWFWMD governing board did not mandate the dock design modifications or safety enhancements be included as additional permitting conditions.

ORAL ARGUMENTS

On April 23, the attorneys representing MHC Cortez Village and CRIF presented their oral arguments to the three-member panel of Second District Court of Appeal judges that consisted of Judge Stevan Northcutt, Judge Nelly Khouzam and Judge Robert Morris.

Attorneys Susan Roeder Martin and Thomasina Moore represented CRIF and attorney David Nordby represented MHC Cortez Village during the virtual oral argument session conducted via Zoom, with each side given 20 minutes to address the judges, including rebuttal time.

When addressing the appellate judges, Nordby said, “I’d like to focus on two errors that independently require this court to reverse the order on appeal. The first is the district’s conclusion that the proposed new dock will not significantly impede navigability. The second is the district’s failure to amend the permit after the hearing to reflect the design changes and other concessions made by the applicant during the course of the administrative hearing.”

Judge Morris noted Judge Culpepper was presented with testimony and evidence that led him to recommend the permit be issued without any additional stipulations or concessions.

“The judge is certainly in the position to analyze this navigability issue. It would be difficult for us to supplant ourselves in his role and say we don’t see it that way. You’ve got an expert administrative law judge, you’ve got Swiftmud, who’s certainly an expert on this, and they all agreed based on the evidence they had before them that this was a navigable canal. It would be sufficient to sustain these docks as built. Why should we even make any effort to challenge that?” Morris said.

Morris also noted that CRIF owns the majority of the canal.

Judge Khouzam noted SWFWMD Lead Environmental Scientist Lauren Greenawalt previously testified about the canal’s already-existing pinch points and her belief that CRIF provided reasonable assurances that the dock project was not contrary to SWFWMD permitting standards.

“We have to be careful not to be sitting as the seventh juror in this case,” Khouzam said of the appellate judges’ duty to review the case without retrying it.

“The standard is not that you must be able to pass during all portions of the canal,” Martin told the judges. “The standard is there cannot be a significant impediment to navigation. There are currently areas where boats can pull out and there will be areas after the docks are built where boats can pull out.”

Moore noted Greenawalt also testified that the portion of the canal located under the bridge at 127th Street West is only wide enough for one boat to enter or exit the western end of the canal at a time; the height of the bridge further limits vessel size.

“They (SWFWMD) look at this as an existing impediment. Using this as a baseline, will this dock be more of an impediment than what’s already existing? There’s already this impediment in the form of the bridge and there are areas already existing where the boaters have to go one boat at the time,” Moore argued.

APPELLATE RULING

On May 3, the appellate judges collectively issued a two-page per curium affirmed document that listed the parties and attorneys involved in the case and stated, “Per Curium Affirmed. Northcutt, Khouzam and Morris concur” with no additional legal opinions expressed.

After learning of the ruling, Martin provided The Sun with her comments and additional insights.

“Today, the 2nd DCA ‘per curium affirmed’ the decision of the Southwest Florida Water Management District and the administrative law judge in favor of CRIF. When a case is per curium affirmed, it means the case was so clearly correct that it was not necessary for the court to write a longer opinion,” she said.

Martin noted that Cortez Village Marina is part of the Loggerhead Marinas company whose website lists 25 Loggerhead Marinas throughout Florida, South Carolina, North Carolina and Ohio. The Chicago-based MHC Cortez Village LLC lists Chicago-based MHC Aquamarina Ultimate Holdings LLC as a title member.

“CRIF is successful in another step of the continuing saga of the goliath MHC marina, a Loggerhead Marina, against Cortez Road (CRIF) over the use of the canal owned by CRIF. MHC and its patrons utilize the canal without authorization from CRIF. Despite the fact that MHC and its patrons are trespassers on the canal, MHC sued CRIF in 2021 to prevent CRIF from building 32 new docks as amenities to the Hunter Point residences. This appeal action no longer prevents the docks from being built. Of course, we do not know if MHC will attempt to appeal further,” Martin said.

When asked which court MHC Cortez Village could appeal to next, she said, “The Florida Supreme Court, but the court would need to have a reason to accept jurisdiction such as a matter of great public importance or a conflict between the rulings of different district courts of appeal.”

When commenting on the Second DCA ruling, Gobuty said, “I am still hesitant to build the docks at this time due to the fact that MHC and its customers may appeal again. They have no standing yet they continue to waste the court’s time as well as restrict our abilities to build our homes.”

CIVIL LAWSUIT PENDING

In response to MHC Cortez Village’s initial permit challenge, CRIF, in 2022, filed a still-pending civil lawsuit with the 12th Judicial Circuit Court in Manatee County.

“The saga between MHC and CRIF continues in the circuit court where CRIF has filed a complaint to prevent MHC and its lessors and patrons from trespassing on CRIF’s privately owned canal,” Martin said.

A preliminary hearing is scheduled for Thursday, June 27 before Circuit Court Judge Ryan Felix.

Marina clients face inclusion in canal lawsuit

Written by Joe Hendricks on April 8, 2024. Posted in Community News, Cortez, Featured.

CORTEZ – Cortez Village Marina clients who use the privately-owned Hunters Point canal may soon be named as additional defendants in a 2022 canal dispute-related lawsuit.

The Sun recently obtained a letter sent to a marina client. The letter was written by attorney Susan Martin, who represents Hunters Point developer Marshall Gobuty’s Cortez Road Investments and Finance (CRIF) ownership group. When completed, the Hunters Point development will include 86 solar-powered homes.

According to Gobuty, approximately 50 marina clients received the first wave of letters eventually sent to all known marina clients who use the facility that provides wet and dry storage for approximately 275 boats.

The marina is located just east of the portion of the canal privately owned by CRIF. In 2016, Gobuty purchased the undeveloped Hunters Point property and the man-made canal created in the 1950s.

The canal provides marina clients with their only direct access to the nearby Intracoastal Waterway (ICW). The canal also provides ICW access for several canal-side homeowners and to visitors at the Buttonwood and Holiday Cove RV resorts.

Dated March 20, Martin’s letter says, “CRIF is involved in a lawsuit with MHC Cortez Village LLC, aka Cortez Village Marina, regarding the unauthorized use and trespass upon the private canal owned by CRIF. Upon information and belief, you are storing a vessel at the marina and utilizing the CRIF private canal to access the Intracoastal, Anna Maria Sound or the Gulf of Mexico. There are ‘no trespassing’ signs posted on the private canal that are disregarded by the marina’s boat slip lessees and customers. Each trip down the canal by marina lessees is a separate trespass for which CRIF is seeking compensation in the circuit court.

“You are not authorized to utilize the CRIF private canal. You must immediately cease your use of the private canal. Any additional use of the private canal by you or another person utilizing your vessel with your consent is considered by CRIF to be an additional act of trespass. CRIF intends to amend the complaint to include lessees of the marina utilizing the CRIF private canal,” the letter says.

On April 4, The Sun emailed MHC Cortez Village attorneys Matthew Chait and Devon Woolard seeking their comments on the letter. As of April 8, neither Chait nor Woolard responded.

DISPUTE HISTORY

In 2021, the Southwest Florida Water Management District (SWFWMD) issued CRIF an environmental resource permit that was supposed to allow for the construction of 49 boat slips along the triangular-shaped Hunters Point property. The docks have not yet been built.

MHC Cortez Village challenged the permit based on the assertion that the new docks would impede navigation for marina clients using the canal and negatively affect marina revenues.

In May 2022, in response to the permit challenge, CRIF filed the still-pending civil lawsuit that seeks a court order prohibiting Cortez Village Marina clients from using the canal.

Less than a week later, and in response to MHC Cortez Village’s concerns about the canal being too narrow to accommodate two-way boat traffic, CRIF filed a separate lawsuit against several canal-side homeowners along the western end of the canal.

That still-unresolved lawsuit alleges those homeowners’ docks and boat lifts violate county code by extending more than 25% into the canal. In their legal responses, those homeowners contend their docks and lifts were legally permitted by Manatee County when installed and did not extend more than 25% into the canal when installed.

PERMIT HEARING

In late 2022, administrative law judge Bruce Culpepper presided over a multi-day hearing pertaining to the marina’s permit challenge.

During the hearing, it was established through documents and expert testimony that CRIF owns the portion of the canal that extends from the western edge of the Cortez Village Marina property to the humpback bridge at 127th Street West.

The hearing featured much testimony and debate about the potential impact the Hunters Point docks would have on canal navigability. As a safety precaution, Gobuty offered to implement one-way boat traffic on the canal at timed intervals for all incoming and outgoing boats.

In January 2023, seven wooden pilings were placed in the canal near the marina basin. Some signs say, “You Are Entering a Private Canal, Please Monitor VHF Channel 9,” “Inbound Traffic Every 15 Minutes on the Hour,” and “Outbound Traffic Every 15 Minutes on the Hour.” To date, specific one-way travel times and intervals have not been established or enforced.

PERMIT RULING

In March 2023, Culpepper issued a written recommended order in favor of CRIF, to be forwarded to the SWFWMD governing board for a final ruling.

“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 (humpback) 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’s order said.

“It is uncontroverted that the placement of the dock in the canal will affect navigation to some degree. Similarly, the evidence and testimony do not show that the construction of the dock will cause more than a mere inconvenience to boaters, much less result in a significant impediment to navigation. Based on the evidence and testimony presented, the undersigned finds that Cortez Road 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’s order said.

MHC Cortez Village appealed the SWFWMD governing board’s ruling and the upcoming oral arguments in the appeal case are scheduled for Tuesday, April 23.

Related coverage:

Marina appeals Hunters Point canal ruling

Board rules in favor of Hunters Point docks

Hunters Point prevails in canal hearing

Hunters Point prevails in canal hearing

Written by Joe Hendricks on November 7, 2023. Posted in Community News, Cortez.

CORTEZ – Twelfth Judicial Circuit Court Judge Edward Nicholas denied motions to dissolve lis pendens claims last week that were filed against the owners of three properties located along the Hunters Point-owned canal in Cortez.

A lis pendens claim notifies potential buyers and others of a pending lawsuit involving a property and its owners. If someone purchases a property with a lis pendens attached, the new owner inherits the lawsuit responsibilities. A lis pendens can impact the ability to sell a property, obtain financing or obtain title insurance.

The lis pendens were filed as part of an ongoing lawsuit that attorney Susan Martin filed in June 2022 on behalf of Hunters Point developer Marshall Gobuty and his Cortez Road Investments and Finance (CRIF) ownership group. Gobuty and CRIF are currently developing the Hunters Point community that includes 86 solar-powered-homes and 49 proposed boat slips.

The lawsuit names Jonathan and Sheila Graham, George and Wendy Kokolis, Mark Ibasfalean, Mary Norman, Timothy Fitzpatrick and Jacquelyn Shepard as defendants. The defendants’ properties are located across the canal from the Hunters Point property.

In May, Martin filed a lis pendens on the dock and boat lift associated with the property at 4305 126th St. W. owned by the Grahams; she filed another against the boat lift the Kokolis’ installed in the west end of the canal in 2022 by their vacant lot at 4319 126th St. W. In June, Martin filed a lis pendens on the dock and lift associated with Ibasfalean’s property at 4217 126th St. W.

In early October, Martin filed amended lis pendens that assert that CRIF also owns the canal bulkheads (seawalls) and 5.7 to 3.3 feet of the uplands landward of the bulkheads used by the Graham, Kokolis and Ibasfalean families.

The lawsuit alleges the defendants installed and maintain docks, lifts and other structures in the canal without authorization from the canal owner. Most of the docks and lifts were installed before Gobuty purchased the Hunters Point property and man-made canal in 2016. The lawsuit alleges the defendants’ docks and lifts extend more than 25% into the canal, which, if true, would violate Manatee County dock regulations. The defendants deny their docks and lifts extend more than 25% into the canal – or did when installed with county-issued permits.

Other canal-side properties are not named in the lawsuit and Gobuty has repeatedly stated he doesn’t want to deny canal access to the defendants and other canal-side homeowners. He said he wants all boats and lifts located completely within the 25% threshold. He also wants dock owners to obtain proper liability insurance and enter into use agreements with CRIF.

CRIF filed the lawsuit days after filing a civil lawsuit against MHC Cortez Village LLC, the owners of the Cortez Village Marina east of the Hunters Point property. That still-pending lawsuit seeks to prohibit marina clients from using the CRIF-owned portion of the canal that provides access to the Intracoastal Waterway.

CRIF filed that lawsuit in response to the marina owners’ 2021 challenge of the Southwest Florida Water Management District-issued permit that initially allowed the proposed Hunters Point docks. The marina owners alleged the docks would narrow the canal and significantly impact navigation for marina clients and others.

In May, the water district’s governing board issued a final order in support of an administrative law judge’s recommended order that states the new docks would not significantly impact navigation and should be allowed.

The marina owners appealed the final order and the dock construction remains on hold until the appeal is resolved.

In September, Martin filed the amended lawsuit complaint that asserts that CRIF also owns the bulkheads and portions of the upland properties along the canal.

Lis Pendens

Nicholas issued his ruling during a virtual hearing on Oct. 30 that pertained specifically to motions filed to dissolve the lis pendens.

Attorneys Ivan Reich and Steve Conteaguero represented CRIF. Attorney Richard Green represented the Kokolis’ and attorney Fred Moore represented the Grahams. The attorneys spent most of the hearing debating the merits and legality of the lis pendens claims. There was also discussion, but no ruling, on CRIF’s bulkhead and upland ownership claims.

“Cortez Road Investment and Finance is going after some landowners to bully them off a canal to make them remove boat structures, boat lifts and watercraft under the idea that the landowners must come to CRIF and get permission to utilize the canal,” Green said.

Green doesn’t dispute CRIF’s right to file lis pendens on the canal and items placed in it, but he disputes the notion that the lis pendens can include the uplands that CRIF claims to own landward of the bulkhead the Kokolis’ use.

Moore agreed with Green’s assertions. He also said the lis pendens filed against the Grahams could cause substantial financial harm by impacting their ability to sell their home and property in a declining real estate market. Moore suggested that CRIF be required to secure a lis pendens bond that would protect the Grahams from a “wrongful lis pendens claim.”

Reich said property deeds and a recently completed land survey serve as duly-recorded instruments that support the lis pendens’ legality.

When discussing the Florida Statutes applicable to the historic use of someone else’s land, Reich said, “What is the dispute here? It’s a trespass action. You’ve come into our property and you’ve built stuff. It’s an ejectment action and we’re seeking to kick you off that portion of the property on which you’ve infringed. I think the defendants are trying to assert squatters’ rights. It doesn’t work that way anymore.”

When denying the motions to dissolve, Nicholas said, “While I’m sympathetic to the Grahams and the challenges that may result from the lis pendens, that’s largely the purpose – to not get into a circumstance where a third-party purchaser claims they weren’t aware of an issue of this nature. I reserve jurisdiction for determining what bond, if any, is appropriate. As to whether the lis pendens are appropriate, that’s not a particularly close call.”

Canal dispute lawsuits linger

Written by Joe Hendricks on July 25, 2023. Posted in Community News, Cortez.

CORTEZ – The legal filings continue in civil litigation pertaining to residential docks and boat lifts located along the man-made canal surrounding the Hunters Point development.

A preliminary hearing to be conducted by videoconferencing is scheduled on Tuesday, Sept. 5 at 3:30 p.m. before 12th Judicial Circuit Court Judge Edward Nicholas.

In response to a 2021 dock permitting challenge initiated by MHC Cortez Village LLC, owners of the nearby Cortez Village Marina, Hunters Point developer Marshall Gobuty’s Cortez Road Investments & Finance Inc. (CRIF) ownership group filed a civil lawsuit on June 3, 2022 that named as defendants canal-side residential property owners Jonathan and Sheila Graham, Wendy and George Kokolis, Mark Ibasfalean, Jacquelyn Shepard, Mary Norman and Timothy Fitzpatrick. Since then, numerous legal filings have occurred but no hearings have been held.

According to the defendants’ cross notice of hearing recently filed on June 30, “Defendants Jonathan and Sheila Graham hereby provide notice that defendants George and Wendy Kokolis’ motion to dissolve Lis Pendens, or in the alternative require a Lis Pendens bond, will be presented to the court, together with the Graham’s motion to dissolve Lis Pendens or to require bond.”

According to the Jimerson Birr law firm website, “A lis pendens is a common tool used in Florida to put third parties on notice of a pending lawsuit against real estate. Property owners may not be able to sell, obtain financing or obtain title insurance until the lis pendens is removed.”

The lawsuit alleges the defendants are unlawfully maintaining docks and boat lifts in the privately-owned Hunters Point canal without the authorization of the canal owner. The lawsuit alleges many of the docks, boat lifts and other encumbrances located in the western portion of the canal extend more than 25% into the canal, which, if true, would violate Manatee County’s dock regulations.

The defendants deny the allegations and claim their docks and lifts are legally and properly permitted by Manatee County and do not exceed the 25% regulation.

In Aug. 2021, the Kokolis’ received a building permit from Manatee County to install a new boat lift for the residential structure they own at the westernmost end of the canal near the humpback bridge on 127th Street West.

In May 2022, Gobuty’s attorney, Susan Martin, sent a cease and desist letter to the Kokolis’ that said, “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.”

Two weeks later, CRIF filed the lawsuit against the Kokolis’ and the other defendants.

On June 12, 2023, the Kokolis’ attorney filed an amended answer and affirmative defense to the CRIF complaint. The affirmative defense document argues the Kokolis’ boat lift is legally permitted by the county. It also argues that in 2018, CRIF recorded a declaration of intent and clarification of rights with Manatee County that entitles the Kokolis’ and others to construct and maintain residential docks and lifts in the canal.

In that same court filing, the Kokolis’ attorney included a countersuit against CRIF that disputes Gobuty’s sole ownership of the canal and claims the Kokolis’ have preexisting property rights that allow a dock and/or boat lift to be installed in the canal.

Existing canal uses

While appearing before the Manatee County Commission in 2018 as part of the initial Hunters Point permitting process, Gobuty and his attorney stated he didn’t intend to restrict canal access for those who already had legally conforming docks and lifts located in the portion of the man-made canal he purchased when he bought the Hunters Point property in 2016.

Gobuty later told The Sun he would not have filed the lawsuit against the canal-side property owners had the marina not challenged his dock permit and claimed the canal was too narrow to safely accommodate the Hunters Point docks.

Gobuty said he has no desire to restrict anyone’s existing access to the canal as long as their docks, lifts and boats don’t extend more than 25% into the canal, and they don’t negatively impact the construction of the Hunters Points docks that are a key component of the Hunters Point development that includes the ongoing construction of 86 solar powered, energy self-sufficient homes.

Marina lawsuit

On May 26, 2022, CRIF filed a separate civil lawsuit against MHC Cortez Village LLC in response to the marina ownership group’s challenge of the state-issued environmental resource permit needed to install the Hunters Point docks.

When challenging the permit, MHC Cortez Village claimed the Hunters Point docks would impede the marina clients’ navigation of the canal by further narrowing the only direct water access from the marina to the Intracoastal Waterway to the west.

The unresolved lawsuit that CRIF filed against MHC Cortez Village seeks a court order that would prohibit marina clients from using the portion of the canal owned by CRIF, which extends from the edge of the marina’s boat basin to the western edge of the canal near the entrance to the Intracoastal Waterway. To date, no hearings have been scheduled in the CRIF/MHC Cortez Village lawsuit assigned to Manatee County Circuit Court Judge Charles Sniffen.

On May 23, 2023, the Southwest Florida Water Management District’s governing board adopted a final order pertaining to the permit challenge. That ruling allows the district to issue CRIF the environmental resource permit needed to install 32 new boat slips and replace 17 existing slips along the canal.

On June 22, MHC Cortez Village filed an appeal of the governing board’s ruling and the appeal process could take a year or more to complete. Gobuty said the construction of the Hunters Point docks will remain on hold until the appeal process is completed.

While the appeal process plays out, the canal-side residential property owners remain caught in the ongoing dispute between the developer and the marina owners.

Related coverage

Marina appeals Hunters Point dock ruling

Marina appeals Hunters Point dock ruling

Written by Joe Hendricks on July 11, 2023. Posted in Community News.

CORTEZ – The Cortez Village Marina ownership group is appealing a recent Southwest Florida Water Management District (SWFWMD) governing board ruling that permits the construction of 49 residential docks/boat slips at the 86-home Hunters Point Resort & Marina community being developed in Cortez.

The Cortez Village Marina ownership group, MHC Cortez Village LLC, filed its appeal with the Second District Court of Appeal in Tampa on June 22. Typically, an appeal of this nature consists of a small panel of appellate judges reviewing the case documents and rulings and making a determination without retrying or relitigating the case. The appeal process often takes up to a year or more.

On May 23, the water management district’s governing board unanimously ruled in favor of adopting a final order that allows SWFWMD to issue an environmental resource permit (ERP) to Hunters Point developer Marshall Gobuty and his Cortez Road Investments & Finance Inc. ownership group. The permit allows for the installation of 32 new boat slips and the replacement of 17 existing slips along the privately-owned canal that surrounds the Hunters Point property on three sides. When the final order was issued, MHC Cortez Village LLC had 30 days to file an appeal.

When asked about the appeal, Gobuty said, “I expected them to appeal. I don’t expect to lose the appeal, but I can’t take the risk of building the docks yet. The appeal continues to negatively impact the development as we are not able to start building any more canal-side homes on the west and northwest sides of the community. Construction will continue on the east side and the interior home sites.”

Past rulings

The governing board’s ruling pertained to the permit challenge MHC Cortez Village LLC initiated in 2021. MHC Cortez Village LLC claimed the Hunters Point docks would significantly impede canal navigation for the Cortez Village Marina clients that use the canal to access the nearby Intracoastal Waterway at the west end of the canal. Cortez Village Marina is located slightly east of the Hunters Point property and canal.

The governing board’s final ruling was based upon the recommended order that Administrative Law Judge Bruce Culpepper issued on March 7 after presiding over a multi-day hearing in late 2022 on behalf of the Florida Department of Administrative Hearings (DOAH).

During the DOAH hearing, it was established by documentation and testimony that the majority of the privately-owned canal built in the 1950s and previously owned by the Cipriani family was sold to Gobuty when he purchased the Hunters Point property in 2016.

According to documents and testimony, MHC Cortez Village does not own or control any portion of the canal west of the marina property and Gobuty never authorized marina clients to use his portion of the canal.

“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 Investments application for the permit to build a dock (docks) in the canal and issue ERP Individual Construction Major Modification Permit 43032468.003,” Culpepper stated in his recommended order.

“Based on the evidence and testimony presented at the final hearing, the undersigned finds that Cortez Road (Investments & Finance) 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 recommended order.

Board rules in favor of Hunters Point docks

Written by Joe Hendricks on May 29, 2023. Posted in Community News, Cortez.

CORTEZ – The Southwest Florida Water Management District’s (SWFWMD) governing board has adopted a final order that allows 49 residential docks/boat slips to be built along the Hunters Point canal as part of the Hunters Point Resort & Marina development.

The final order issued on May 23 in favor of Hunters Point developer Marshall Gobuty and his Cortez Road Investments and Finance Inc. (CRIF) ownership group pertains to a 2021 permitting challenge filed by MHC Cortez Village LLC, which owns the nearby Cortez Village Marina.

The marina and its clients use the man-made canal built in the 1950s and purchased by Gobuty when he bought the Hunters Point property in 2016. The governing board’s ruling allows the water management district to issue the environmental resource permit CRIF first sought in 2021. The permit allows for the installation of 32 new boat slips in the canal and the replacement of 17 existing slips.

MHC Cortez Village has 30 days to appeal the final order. If filed, the appeal would be heard either by the district court of appeal in Hernando County where the water district headquarters is located or in Manatee County where the Hunters Point property is located.

When contacted by The Sun and asked about the appeal process, the water district’s Public Information Officer Susanna Martinez-Tarokh provided the information she obtained from the water district’s office of general counsel.

“The court of appeal would review the record of the administrative proceeding and would make its decision based on the evidence in the record,” she said. “An appeal would not necessarily prevent the dock construction from starting, unless the court of appeal enters an order requiring construction to cease. However, if the court of appeal overturns the final order, the dock construction may have to be stopped.”

Gobuty told The Sun he expects MHC Cortez Village LLC to appeal the board’s final order.

When challenging the original permit issuance in 2021, MHC Cortez Village LLC was granted an eight-day hearing by Administrative Law Judge (ALJ) Bruce Culpepper. That hearing was conducted last fall on behalf of the Florida Department of Administrative Hearings (DOAH).

During the hearing, MHC Cortez Village LLC alleged the construction of the Hunters Point docks would impede navigation on the canal and negatively impact the marina clients’ ability to use the canal, which provides the only direct water access to the nearby Intracoastal Waterway. The canal provides similar access for several canal-side residential property owners who already had docks and boatlifts in place when Gobuty bought the canal.

The governing board’s monthly meeting took place at the water district’s Tampa office.

SWFWMD attorney Chris Tumminia told the board members they were engaging in a quasi-judicial process that did not allow for any new testimony or public input. Tumminia said the board’s ruling could only be based on the official records of the case they received before their meeting, including the recommended order Culpepper issued on March 7.

SWFWMD attorney Jennifer Soberal then reviewed for the board members the salient points of the DOAH hearing and Culpepper’s previous factual findings and conclusions of law, which were based on the evidence, testimony and legal arguments presented to him.

“The applicant (CRIF) and the district demonstrated by a preponderance of the evidence the applicant’s entitlement to the ERP (environmental resource permit),” Soberal said. “The applicant provided the district with reasonable assurance in its permit application that constructing the dock is not contrary to the public interest. While the administrative law judge concluded the dock project will impede boat traffic to a certain extent, competent substantial evidence and testimony further established that any impediment will not be significant. The challenger failed to carry its burden of ultimate persuasion that the ERP should not be issued to the applicant.”

Before the governing board made its ruling, the attorneys representing CRIF and MHC Cortez Village were given three minutes to address the board. CRIF attorney Susan Martin noted the permit challenge pertained to a privately-owned canal and that the Hunters Point docks will not extend more than 9% into the canal.

“Your staff testified that this development was not contrary to the public interest and would not substantially impede navigation,” she said.

MHC Cortez Village attorney Matthew Chait said, “This is a very narrow and shallow canal and, when they add docks on one side it’s obviously going to make it narrower. The judge concluded in his proposed order that boats in this canal need at least 3.5 feet of depth to navigate, but the range of depths on the non-project side tops out at 3.2 feet. There is literally not enough depth for a boat to pull off on the non-project side, which is why we asked for the permit to be modified to remove some slips.”

With no further board discussion, the board approved the proposed final order and the issuance of the environmental resource permit that allows the Hunters Point docks to be built.

In 2022, in response to MHC Cortez Village’s permit challenge, CRIF filed a still-pending civil lawsuit seeking a court order that would prevent Cortez Village Marina clients from using the privately-owned canal.

CRIF also filed a separate and still pending civil lawsuit against several canal-side residential property owners which alleges that their docks and boat lifts violate Manatee County code by extending more than 25% into the canal. Those property owners dispute those allegations.

Related coverage

Final order expected for Hunters Point dock challenge

Final order expected for Hunters Point dock challenge

Written by Joe Hendricks on May 22, 2023. Posted in Community News, Cortez, Featured.

CORTEZ – The Southwest Florida Water Management District’s governing board is expected to issue an approved final order regarding the Hunters Point Resort & Marina dock permitting efforts.

The final order pertains to a permit challenge initiated by the owners of the Cortez Village Marina in 2021.

The governing board will meet Tuesday, May 23 at 9 a.m. at the water district’s service office at 7601 U.S. Highway 301 N. in Tampa. The Hunters Point action item is listed as item 7.2 on the meeting agenda. The meeting will be live-streamed on the water district’s website and the meeting video will later be archived there.

The meeting-related general counsel’s report prepared by senior attorney Jennifer Soberal notes Administrative Law Judge Bruce Culpepper presided over the multi-day hearing conducted on behalf of the Division of Administrative Hearings last June, August and September.

On March 7, Culpepper entered his order that recommends the water management district enter a final order to issue the environmental resource permit needed to construct 49 docks along the man-made Hunters Point-owned canal surrounding the development property on three sides. The docks would service some of the 86 homes currently being built on the property in Cortez.

The privately-owned canal is also utilized by Cortez Village Marina clients, several residential property owners and guests at two canal-side RV resorts in Cortez.

Soberal’s report notes Culpepper found that the preponderance of the evidence demonstrated by the attorneys and witnesses representing Hunters Point developer Marshall Gobuty’s Cortez Road Investments and Finance ownership group provided reasonable assurances that constructing the docks is not contrary to the public interest.

“The administrative law judge further concluded that there are no reasonably anticipated significant adverse impacts on safe navigation from the construction of the dock; the marina (Cortez Village Marina) did not meet the burden of the preponderance of competent substantial evidence proving the dock is contrary to the public interest,” Soberal’s report says.

“During its review of the entire record and, based in part upon the marina’s first exception, district staff found that one sentence in paragraph 42 of the administrative law judge’s recommended order was not based on competent substantial evidence and should be stricken. Otherwise, the rest of the marina’s exceptions were denied for the reasons stated in the proposed final order after a thorough review of the entire record,” Soberal’s report says.

Paragraph 42 in Culpepper’s recommended order pertains to bathymetric surveys and canal depths.

“Because the administrative law judge’s findings of fact were based on competent and substantial evidence in the record, with the exception of the stricken sentence in Paragraph 42, and the administrative law judge’s conclusions of law were reasonable, the recommended order should be adopted as the district’s final order,” Soberal’s report concludes.

Canal-related residential dock dispute lingers on

Written by Joe Hendricks on April 8, 2023. Posted in Community News, Cortez.

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.

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.

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.

Pilings placed in Hunters Point canal

Written by Joe Hendricks on January 17, 2023. Posted in Community News, Cortez.

CORTEZ – Seven new wooden pilings have been placed in the privately-owned Hunters Point canal near the canal-side entrance to the Cortez Village Marina.

Installed last week, the pilings have various signs affixed to them that say, “Caution, Narrow Bridge Ahead,” “Mana- tee Zone, Slow Speed, Minimum Wake,” “You Are Entering a Private Canal, Please Monitor VHF Channel 9,” “Inbound Traffic Every 15 Minutes on the Hour,” “Outbound Traffic Every 15 Minutes on the Hour” and “No Wake Zone.”

Hunters Point developer Marshall Gobuty said the new pilings and signs were installed for safety reasons in response to concerns that Cortez Village Marina representatives repeatedly expressed during the multi-day permit challenge hearing held in 2022, presided over by administrative law Judge Bruce Culpepper.

The new pilings appear to narrow the navigable area of the canal near the marina entrance, but Gobuty said the pilings still provide a 20-foot-wide clearance for boats to pass through, one at a time, and that a water district representative viewed the new pilings and expressed no concerns.

The marina ownership group seeks a ruling as to whether the Southwest Florida Water Management District properly issued the environmental resource permit in 2021 that allows 49 Hunters Point docks to be built along the decades-old, man-made canal Gobuty purchased in 2016 when he bought the Hunters Point property.

During the hearing, marina representatives and expert witnesses claimed two-way boat traffic on the canal would become more challenging and less safe with the installation of the 49 canal-side residential docks desired for the Hunters Point community currently under construction in Cortez.

During the hearing, Gobuty, his attorney, Susan Martin, and his expert witnesses suggested limiting boat traffic on the canal to one-way travel occurring at 15-minute intervals to help ensure greater navigational safety for canal users.

The privately-owned canal currently provides marina users with their only direct access to the Intracoastal Waterway and it was stated during the hearing that the marina ownership group has no written or verbal agreements that guarantee the continued use of the canal.

The canal also provides several canal-side homeowners (some of whom have been named in an unresolved civil lawsuit filed by Cortez Road Investments) and two RV resorts with access to the Intracoastal Waterway.

The parties involved in the dock permitting challenge dispute still await a recommended order from Culpepper regarding the permit issued by the water district, to be followed by a final order issued by the water district’s governing board.

Gobuty said a water district representative viewed new pilings and expressed no concerns. The new pilings appear to narrow the navigable area of the canal near the marina entrance, but Gobuty said the pilings still provide a 20-foot-wide clearance for boats to pass through, one at a time.

Dispute leads to tolls, traffic lights for canal boaters

Written by Joe Hendricks on September 5, 2022. Posted in Community News, Cortez, Featured.

CORTEZ – Boaters can expect one-way navigational patterns in the privately-owned Hunters Point canal, with some having to pay automated tolls to use it.

Canal access will remain free for canal-side homeowners, Buttonwood Inlet and Holiday Cove RV resort guests and others, but those who store their boats at the Cortez Village Marina will soon be asked to pay a fee to use the canal that provides marina boaters with their only direct water access to the nearby Intracoastal Waterway.

These revelations were made by Hunters Point developer Marshall Gobuty during the rebuttal testimony he gave on Sept. 2 during a multi-day administrative hearing that began in June, continued in August and resumed on Sept. 1. The hearing is expected to conclude on Tuesday, Sept. 13.

Administrative law Judge Bruce Culpepper is being asked to issue a recommended order as to whether the environmental resource permit the Southwest Florida Water Management District (SWFWMD) issued in 2021 to Gobuty and his Cortez Road Investments & Finance Inc. ownership group was properly issued. The permit allows for the construction of 49 canal-side docks as part of the 86-home Hunters Point community being constructed along Cortez Road West east of the Cortez Bridge.

The construction of the docks is on hold until the permit dispute is resolved.

The MHC Cortez Village LLC group that owns the nearby Cortez Village Marina challenged the SWFWMD permit and claimed the addition of the Hunters Point docks would impede the safe navigability of the canal for their customers – some of whom own boats up to 38 feet long – and thus negatively impact the marina’s profitability.

When the hearing concludes, Culpepper will submit his recommended order to the water district’s governing board and that board will then issue a final order as to whether the SWFWMD permit was properly issued.

When Gobuty purchased the Hunters Point property from the Cipriani family in 2016, he also purchased the majority of the man-made canal created by the Cipriani family in the late 1950s.

The Cortez Road Investments-owned portion of the canal extends from the western boundary of the Cortez Village Marina property to the humpback bridge on 127th Street West.

While testifying on Friday, Gobuty said Cortez Road Investments obtained a controlling interest in the Cipriani family-owned portion of the canal located directly in front of the marina after MHC Cortez Village unsuccessfully tried to purchase that portion of the canal earlier in the week. The remaining portion of the canal that extends to the east is owned by the Holiday Cove RV resort.

One-way navigation

In response to claims that the canal is dangerous, Gobuty said, “Let’s go super safe and not let the word ‘dangerous’ haunt us.”

He then elaborated on the one-way navigation concept to soon be implemented. He said traffic signals featuring red and green lights will be installed at three or more locations along the canal and will be used to control the direction in which boat traffic flows.

“They see red, they hold. They see green, they proceed,” he said, adding that similar technology is used in the Netherlands.

Gobuty said the one-way navigation would likely operate at 15-minute intervals. 30-minute intervals were also previously mentioned.

Gobuty said the managers of the nearby Buttonwood Inlet and Holiday Cove RV resorts have already been notified of the pending one-way traffic scenario and those managers said their guests would comply with the additional safety measures.

Canal tolls

Gobuty said he and his team are also working with the Florida Department of Environmental Protection on the installation of an overhead Automatic Vehicle Identification (AVI) toll system similar to those used on toll roads. The AVI system will be used to automatically charge Cortez Village Marina boaters for their use of the canal. Gobuty said he hopes to have the automated system in place by January.

Until then, the tolls will be collected manually using those boaters’ debit or credit cards. Gobuty said the manual toll collections and one-way navigation enforcement will begin with two pontoon barges stationed in the canal with a 14-foot space between them. Passing boaters will be asked to provide some basic information before being issued registration decals that contain bar codes that will eventually be used to levy automated tolls on the Cortez Village Marina boaters.

Gobuty said the toll might be $10-$20 per one-way trip and 100% of the toll proceeds collected manually and automatically will be donated to a local charity or charities on an ongoing basis.

Additional safety measures

During Friday’s testimony, Gobuty was asked by his attorney, Susan Martin, what steps are being taken to make the canal safer for navigation.

Gobuty noted Cortez Village Marina General Manager Skip McPadden testified several times that the canal is dangerous and would become more so with the addition of the Hunters Point docks.

During the previous testimony they gave on behalf of the marina, McPadden and boat Capt. Chris Karentz both claimed the canal is already too narrow in some places for two vessels traveling in different directions to pass side by side. McPadden and Karentz said the Hunters Point docks would further impede navigation.

During the rebuttal testimony he provided Thursday on behalf of Cortez Road Investments, boat Capt. Dane Fleming testified that the construction of the Hunters Point docks would not significantly impede canal navigation even though some portions of the canal may be too narrow for two boats to pass side by side. Fleming said in those instances, one boat needs to pull over in a wider portion of the canal and allow the other boat to pass. He also testified that the implementation of a one-way navigation system would alleviate the need for two vessels to pass side by side in the canal.

On Friday, Gobuty said he recently received a letter from the U.S. Coast Guard Station Cortez that stated the Coast Guard is not aware of a boating accident ever being reported on the canal.

Addressing visibility concerns expressed by McPadden and Karentz, Gobuty said the Hunters Point mangrove shoreline has already been trimmed by 25% according to state regulations and will be trimmed another 25% after one year has passed.

Gobuty said additional “no wake” signs have been placed in the canal and navigational mirrors were previously installed at some of the canal’s blind spots. He said boaters are also being asked to use VHF marine radio channel 9 to communicate with other boaters when approaching a blind spot or narrow portion of the canal.

Hunters Point files complaint against Cortez Village Marina

Written by Joe Hendricks on August 29, 2022. Posted in Community News, Cortez.

CORTEZ – The Cortez Village Marina ownership group is named in a new complaint that alleges the marina is being operated without a state-issued environmental resource permit or is being operated in violation of that permit.

Representing developer Marshall Gobuty’s Hunters Point Resort & Marina ownership group, Cortez Road Investments & Finance Inc. (CRIF), attorney Susan Martin filed the complaint with the Florida Department of Environmental Protection (FDEP) on Aug. 22.

The complaint seeks injunctive relief to stop the alleged “illegal activities” of the MHC Cortez Village LLC marina ownership group.

The complaint notes Cortez Village Marina is part of the Loggerhead Marinas group that owns 23 marinas throughout Florida and is affiliated with Equity LifeStyle Properties – a company that owns a controlling interest in more than 400 manufactured home communities, RV resorts and campgrounds.

The complaint names MHC Cortez Village LLC, Loggerhead Marinas and FDEP as respondents and says, “CRIF requests enforcement, including a temporary injunction, followed by the permanent injunction, to stop the illegal activities of the marina to avoid irreparable environmental impacts and harm to CRIF’s private canal.”

The new complaint is part of an ongoing dispute between Cortez Road Investments and MHC Cortez Village regarding the proposed construction of 49 Hunters Point docks along the privately-owned canal that borders the Hunters Point property on the three sides.

Built in the late 1950s, the man-made canal extends from the humpback bridge at 127th Street West to the eastern edge of the Holiday Cove RV resort property. When Gobuty purchased the Hunters Point property in 2016, he also purchased the portion of the canal that extends from the humpback bridge to Cortez Village Marina’s western boundary. The canal is the only means for marina clients to access the nearby Intracoastal Waterway (ICW).

The new dispute stems from the permit challenge MHC Cortez Village initiated after Cortez Road Investments received an environmental resource permit from the Southwest Florida Water Management District in 2021. That permit allows for the construction of the Hunters Point docks.

In response to the issuance of that 2021 permit, MHC Cortez Village filed a petition naming Cortez Road Investments and the Southwest Florida Water Management District as respondents. The petition alleged the Hunters Point docks would impede canal navigation for marina clients, especially those with larger boats, and negatively impact marina operations and profitability.

MHC Cortez Village sought and received a hearing before an administrative law judge in hopes of the judge issuing a recommended order for the water district’s governing board to revoke the permit or modify it in a manner that lessens the impact of the proposed Hunters Point docks.

With administrative law judge Bruce Culpepper presiding, that hearing began in June, continued for three days in mid-August and is scheduled to resume on Sept. 1.

Complaint allegations

The complaint alleges Cortez Village Marina is operating without a valid permit because the permit obtained by the previous marina owner was not properly certified when transferred to the current marina owners.

“The permit could not have been transferred because the project was not built and is not operating pursuant to permit conditions. Therefore, there was no automatic transfer of the permit,” the complaint alleges.

“MHC Cortez Village LLC does not have a valid environmental resource permit and is operating without a permit in a manner to cause environmental harm,” the complaint alleges. “Alternatively, if DEP finds the marina legally holds permit number 41-0255306, then there are major violations of the permit conditions. The marina has profited from its illegal activity in the amount of at least $181,000 for the month of July alone.”

“CRIF respectfully requests DEP immediately order the marina to cease the unauthorized activities at the marina. If necessary to stop the illegal activities, CRIF requests that DEP seek an immediate temporary injunction in Manatee County circuit court,” according to the complaint.

“The marina admits in its petition that the marina has 365 permanent boat slips. During testimony, the marina’s general manager, Skip McPadden, also admitted the marina has additional temporary boat slips. Condition number 45 of the DEP permit states the permittee shall ensure the docking facility will be limited to a total of 295 boat slips – 272 dry and 23 wet – inclusive of all shoreline and upland storage,” the complaint says.

The complaint notes McPadden and boat captain Chris Karentz testified that many marina clients are inexperienced boaters who could potentially collide with the proposed Hunters Point docks.

The complaint notes MHC Cortez Village’s 2021 complaint and recent testimony by McPadden confirmed the marina also operates a service department.

“The marina has therefore admitted it is violating the permit which states, ‘Boat maintenance or repair activities requiring removal of a vessel from the water, or removal of major portions of the vessel, for purposes of routine repair or maintenance shall be prohibited for the life of the facility, except where removal is necessitated by emergency conditions which have resulted in or can result in the sinking of a vessel,’” the complaint states.

The complaint references a website that states Cortez Village Marina clients can do their own repairs and the marina offers hull, engine and propellor repairs.

The complaint notes that McPadden recently testified that marina employees use the canal to test vessels before and after repairs are made.

“Immediate action is necessary to close the illegal service department since it is an unauthorized operation,” the complaint alleges.

The complaint also alleges the marina has not complied with reporting requirements for its stormwater and drainage system.

“Therefore, there are no reasonable assurances that the marina is complying with the stormwater conditions of the permit,” the complaint alleges. “CRIF personnel have seen, during heavy storms, surface water flowing from the marina property into the canal. This results in the release of oils, greases, lubricants, gases and other fluids into the private canal which discharges to the ICW and then Anna Maria Sound.”

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Written by Joe Hendricks on August 1, 2022. Posted in Community News, Cortez, Featured.

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.

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.

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.”

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.

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.”

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.

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Written by Joe Hendricks on July 4, 2022. Posted in Community News, Cortez, Featured.

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.

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