Seagate Homes Wins another Round in Lawsuit against Palm Coast City Council over Ryan’s Landing

Court may approve Comprehensive Plan Amendment without further review by City Council

March 12, 2008 – Palm Coast, FL – Monday, Seagate Homes won another round in its legal battle against the City of Palm Coast City Council. Seagate sued last year when the city refused to approve Ryan’s Landing because Seagate would not agree to the City’s last minute demand that Seagate cover the cost to build a city park next to the development. I’ve written extensively about the City’s heavy handed action. The court not only ruled that the lawsuit may proceed, but also ruled that the court may approve the development if Seagate prevails. This means that the matter may not to go back to City Council. Seagate’s Press Release follows:

SEAGATE COMMUNITIES
PRESS RELEASE
MARCH 11, 2008

At a hearing Monday held at the Flagler County Courthouse the Circuit Court again rebuffed the City of Palm Coast’s efforts to dismiss a lawsuit filed against the City by SeaGate Communities, Inc. The lawsuit was filed last year after the City Council turned down an application by SeaGate for a Comprehensive Plan Amendment that would have allowed a residential development on a 27 acre parcel on Ryan’s Drive on the west side of the City.  According to the lawsuit, the City Council intended to approve the Comp Plan Amendment and the development, until SeaGate balked at the City’s last minute requirement that SeaGate pay the City’s expenses to build a park next to the development. 

The City’s defense took another serious hit during the hearing when the Circuit Court also ruled that so long as SeaGate Communities proves its case, the Court has the power to grant the Comp Plan Amendment.  In a previous ruling the Court had been willing only to send the matter back to the Council for reconsideration if SeaGate had prevailed in the lawsuit.   According to SeaGate Communities’ President Robert Gazzoli, “it may no longer be the Council’s decision as to whether this Comp Plan Amendment and development are approved. However, we would prefer to work out our differences without the need for litigation and are still hopeful the City will sit down with us and realistically try to resolve the dispute they created.” 

According to SeaGate’s General Counsel James A. Scott, Jr., he is in the process of scheduling depositions of City Manager James Landon and the Council members who voted down the Comp Plan Amendment.