Sunset Parcel again and The Lake Worth Herald

Comment Up
Mr. Parrish--

What is it about the facts that you fail to consider regarding Sunset? You continue to say that it will end up in a Bert J. Harris taking when in fact, the zoning was NEVER changed. The Herald always has the City LOSING every suit in Court. It said in today's editorial that the parcel was "down-zoned." No it was not.

As any different zoning that might have been discussed has never been in effect; it is not "down zoning" anything. The owners never had the zoning.

In the attorney's report produced by Nancy Stroud, she stated that—

• The owner’s purchase of the property occurred prior to the 2005 rezoning, land use amendment and annexation agreement.
  

• Even after the rezoning, annexation and plan amendment approvals, there was obvious controversy (“red flags”) about the approvals, including legal challenge to the plan amendment.
  

• The annexation agreement may be considered contract zoning on which the owner cannot legally reply.
  

• The rezoning of 20 units per acre is not valid until a consistent FLUM designation is effective on the property.
  

• There are no obvious expenditures for further permits or other costs since the original rezoning.
  

• The downturn in the residential real estate market substantially diminishes the market foreseem ability of the use of the property for townhouses.
  

Regarding the Bert J. Harris Act--There is an important consideration here that the Herald continues to overlook and purposely ignores:

"The government action must inordinately burden an existing use of real property or a vested right to a specific use of real property. Additionally, it must appear that it is a reasonable foreseeable non-speculative use that is suitable for the subject real property and compatible with adjacent land uses." The owner's right to develop has not been denied.

Sunset Drive Holdings does not fall under the Laws of Taking. There is a single family house on the 4.02 acres that has been there since 1929. The Sunset neighborhood welcomes him to build 7 units per acre, consistent with the neighborhood.

When Sunset Drive Holdings loses in court on a Bert J. Harris "taking" I would hope that the Lake Worth Herald will issue one big apology to Save Our Neighborhood and to ROLOH. There are two sides to this, Mr. Parrish, and you only choose to write about one.