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'We lost'
Judge rules residents can’t stop pending sale of East Naples park
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The permanent holiday reprieve that residents of the Greystone Mobile Home Park had prayed for never came Friday.
Instead, "We lost" was whispered over and over, while tears started flowing inside courtroom 4-C — which was standing-room-only — at the Collier County Courthouse.
After a long day of testimony, Circuit Judge Cynthia Ellis denied the residents' request for an injunction seeking to stop the pending sale of the East Naples park to Outdoor Resorts of Naples.
"We live there. It's our only home," said Lillie Gaston, 66, who has lived at the park for 12 years with her husband, Paul, 64. "We've put all our money into that home. I don't know what we're going to do."
The Gastons were among an estimated 50 Greystone residents who turned out for Friday's court hearing.
Ellis said the evidence showed that Guidish family members, who own the park, hadn't solicited a sale, and thus voided the residents' argument that they had the right-of-first refusal.
The decision came nearly seven months after nearly 300 Greystone residents received eviction notices telling them they had to vacate their trailers by Nov. 30.
LEXEY SWALL-BOBAY / Daily News
Greystone Mobile Home Park association president Denis DeWitt, left, gets a hug of support from Greystone resident Lilie Gaston on Friday after DeWitt stepped down from the stand as a witness during an injunction hearing at the Collier County Courthouse in Naples. In a standing-room-only hearing, Collier Circuit Judge Cynthia Ellis denied the residents' request for an injunction to stop the pending sale of the East Naples park to Outdoor Resorts Naples.
In August, the homeowners sued the Guidish family and Greystone Park Mobile Homes Inc. to stop the pending sale of the park, claiming that the residents should have been given the opportunity to buy the park and co-op. The Guidish family disputed the claim, as did Outdoor Resorts of Naples.
The Guidish family asked the courts for a summary judgment in October, but their motion was denied at a Dec. 1 hearing. The family had pushed for a speedy decision because their contract with Outdoor resorts hinged on the residents being evicted and the property being razed by Dec. 29. The contract has two 60-day extension clauses in case of unforeseen circumstances.
On Friday morning, Ellis allowed Outdoor Resorts of Naples to join the case as a co-defendant and started the marathon hearing, which broke only for lunch.
When the clock finally started ticking down to 5 p.m. Ellis announced her decision.
Ellis said the residents hadn't shown proof they had access to the $8 million needed to co-op the property.
"I haven't heard any testimony that this homeowners association has the capability to come up with the money," she said.
Residents had previously said they had been in contact with Lifestyle Choices, a co-op company in Orlando, to help them purchase the park.
The verdict shocked residents.
WEBIFIED
- RELATED: Greystone residents win reprieve (11-29-06)
- PODCAST: Hear an in-depth report about the remaining 150 homeowners at the Greystone Mobile Home Park got a stay of eviction when Collier County Circuit Judge Cynthia Ellis ordered a full evidentiary hearing.
- VODCAST: Greystone residents have court approval to stay home -- for now. This and more are inside Studio 55’s video report.
- RELATED: Greystone mobile home park faces its last days (11-25-06)
- RELATED: East Naples RV park residents hope to save their homes (05-30-06)
"I was very surprised," said Denise Dewitt, president of the homeowners association. "I really had it in my head that if we could get the judge to listen, that she would understand our plight and give us the opportunity to buy our park."
After the hearing, Jerry Guidish said he was relieved his family was able to testify and the judge ruled in their favor.
"We did provide a nice low-income community for 32 years," he said.
But as he finished, Gaston approached him.
"I hope someday you have to give up your home," she said.
He responded that he didn't ask anyone to give up their home.
"They had six months to move their homes. That's why they have wheels and hitches," Guidish said.
Residents will receive a five-day notice before any eviction papers are filed. How many residents remain at the park is up for debate. The homeowners association puts the number at around 150, while Guidish family members say only 16 residents remain.
The park's prospective new owner, Tennessee-based Outdoor Resorts, wants to turn the 23.2 acres now occupied by the mobile home park into a 200-lot Class A motorcoach resort catering exclusively to seasonal residents with luxury mobile homes priced at $500,000 and up.
LEXEY SWALL-BOBAY / Daily News
Greystone Mobile Home Park residents Debby Yerke, bottom left, Doris Young, second from left, and dozens of other residents turned out for an injunction hearing at the Collier County Courthouse in Naples on Friday.
In an interview Friday, company president Randall Henderson said he felt the Guidish family had not been given a "fair shake."
"You have two separate issues. You have a totally legitimate issue of the human situation, and I think that it's clear to anyone," said Henderson, who was at the hearing. "And you have the legal situation, these things happen. I think Mr. Guidish deserves some consideration, too. They're in a Catch-22."
The majority of Greystone residents are 50 and older and on tight budgets. With the eviction looming, several of them already abandoned their homes and lost all the money they invested.
Although Florida law requires the property owners to pay $3,000 to residents moving a single-section home, and $6,000 for those moving a double-section home, most of the mobile homes at Greystone are older models and other parks in Collier County won't accept them.
The cost of moving a mobile home is about $5,000. Residents who couldn't find another place for their homes, or who found moving their trailers to be impossible, would receive less than $2,000, according to Florida law.
As of Friday, the residents' next move was undecided.
"I'll take the weekend and try to get my head clear," Dewitt said. "We'll talk to the attorney on Monday and see where we go from here."

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Everyone needs to look at the article again. The judge said that she was disappointed that the residents did not show a legitimate source for the funding. This issue did not just crop up. There was plenty of notice. I just got out my calculator and 300 homeowners divided into $8,000,000 is $26,666 per homeowner. I do not know the specifics of moving a mobile home, but $26K, even for a low income, senior citizen, seems a small price to pay on a monthly basis to cecome a Naples land owner. Why oh why did the residents not get more support and aggressiveness from the Association ?? I agree that it does seem a shame, but this was not the fault of the land owner or the purchaser. Shame on the Association and the homeowners themselves for not being better prepared and having secured financing to make this a non-issue.
#1 Posted by lauralbi1 on December 9, 2006 at 11:01 a.m. (Suggest removal)
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