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Denton Oaks Developers File Suit Over Property Rights

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By JULIA FERRANTE

The Tampa Tribune

Published: May 8, 2008

HUDSON - The developers of Denton Oaks filed a lawsuit late Tuesday claiming Pasco County leaders violated their property rights by delaying approval then limiting the number of houses on 40 acres off Denton Avenue.

The parties are negotiating, however, and the developers' attorney said Wednesday the lawsuit was filed to comply with the statute of limitations in the event the talks fail.

The county commission on April 29 overturned a previous decision to limit the number of houses at Denton Oaks during a court-ordered rehearing of the plans. A panel of appellate judges said in remanding the case that the commission must consider evidence about emerging development in the area.

"We did this out of an abundance of caution," said James A. Martin Jr. of MacFarlane Ferguson & McMullen in Clearwater, who represents Denton Oaks LLC and Metro Development Group LLC. "If we don't get this thing resolved, we're going to have every defense thrown at us. We didn't want to take any chances."

Metro officials, who invest in land, get development approvals then sell to builders, claim they lost $8.86 million in potential profits because of two years of permitting delays during the height of the real estate market. The lawsuit is filed under the Bert J. Harris Act, which protects property owners from having their rights arbitrarily denied.

Metro extended a $225,000 settlement offer to county commissioners April 15, but Pasco officials rejected it.
County Attorney Jeffrey Steinsnyder said at the time Metro had not filed a Harris claim but only declared intentions to do so, and property owners are not entitled to damages in the case of a rehearing.

With direction from the county commission, Steinsnyder later asked Martin to provide invoices detailing those costs.

Martin has said the costs incurred were for appraisals, permit applications and engineering fees in pursuit of a Harris claim.

"We want to be made whole," Martin said.

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

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