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Hunters Point developer sues Cortez Village Marina

Hunters Point developer sues Cortez Village Marina

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

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.

Hunters Point developer files lawsuit against Cortez Village Marina
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.

Hunters Point developer files lawsuit against Cortez Village Marina
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.

Hunters Point developer files lawsuit against Cortez Village Marina
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.

Hunters Point developer files lawsuit against Cortez Village Marina
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.

George Kokolis Dock

Kokolis dock request approved

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – The Bradenton Beach City Commission has approved Gulf Drive Café owners George and Wendy Kokolis’ request to install a 120-foot-long residential dock and boat lift for their multi-unit residential property at 110 Fifth Street South.

The entrance to the four-foot-wide residential dock will be located across the street from the Kokolis’ property at the corner of Fifth Street South and Bay Drive South, near an existing opening in the mangrove shoreline that may require additional trimming.

Representing the Kokolis family, attorney Patricia Petruff presented the dock and boat lift requests to the Bradenton Beach City Commission on Thursday, Nov. 15.

The commission unanimously approved the four-part request that Planning and Zoning Board members unanimously recommended approval of in September.

The four-part commission approval includes:

  • The city granting an easement for the small piece of city land between the road and the water at the corner of Fifth Street South and Bay Drive South;
  • A special use permit for a non-commercial boat dock and boat lift in the Public Recreation Area (PRA) zone district;
  • A special use permit for a non-commercial dock exceeding 65 feet in length from the mean high-water line;
  • A request to reduce the south setback from the dock and boat lift to 10 feet from 25 feet.
The dock and boat lift will be available to residents and rental guests at this multi-unit property at the corner of Fifth Street South and Bay Drive South. – Joe Hendricks | Sun

As she did at the Planning and Zoning Board meeting, Petruff noted the Kokolis’ permitting requests are consistent with previous dock permitting requests granted throughout the city.

The commission offered no objections to the construction of the dock and the installation of a boat lift, but the commission approval also includes a stipulation regarding commercial use of the residential dock.

“Any fishing charter boat using the dock shall not meet charter customers at the residential property.”
– Patricia Petruff, Attorney

Petruff said the Kokolis’ son planned to live in one of the units located on the property across the street and she believed it would be his boat occupying the boat lift that would also be available to other tenants and guests staying on the property.

City Planner Alan Garrett confirmed that more than one boat is allowed at a residential dock.

City Attorney Ricinda Perry asked Petruff if she would be opposed to a stipulation that stated the dock could only be used for residential purposes. Petruff said the dock would not be leased for commercial purposes, but there could theoretically be an instance where a visiting charter fishing captain trailers a boat to the Kokolis property and as a rental guest would be allowed to use the dock while staying there.

Petruff said she didn’t envision a charter captain coming down from Nantucket and renting one of the Kokolis’ units for the entire tarpon season, but she would not agree to a stipulation that placed limits on her clients that are not placed on other dock owners.

After a lengthy discussion on this topic, Petruff and the commission agreed to the following stipulation read aloud by Petruff: “The dock approved by the city adjacent to the property located at 110 Fifth Street South may only be used by the property owner or a person who is leasing a unit on the property. Any fishing charter boat using the dock shall not meet charter customers at the residential property.”

Kokolis said charter customers could, however, be picked up at the Coquina boat ramps or some other docking facility.

Mayor John Chappie sought and received assurances that a dock that length would not interfere with boat traffic in the navigational channel that runs offshore from the North Coquina Boat Ramp to the Bridge Street Pier. The City Commission has frequently expressed a desire to dredge that channel if and when approximately $400,000 in funding can be secured for a dredging and seagrass mitigation project.

Chappie also sought and received assurances that the street-end dock area would continue to provide access to the water for kayak users and others at that corner.