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MARCO ISLAND — The city of Marco Island’s attempts to restrict boat anchoring have run aground again.
Last month, the local appellate court dismissed the city’s appeal of a Collier County Court ruling that declared a city ordinance restricting anchoring in its waterways unconstitutional.
The dismissal was on procedural grounds. A three-judge panel ruled the city did not file its appeal on time.
Marco’s attorneys had argued that County Court Judge Rob Crown’s Oct. 25, 2007 decision to throw out the city ordinance wasn’t a final appealable order.
Defense attorney Donald Day of Naples-firm Berry, Day & McFee, who represented the Marco boater who intentionally challenged the city’s ordinance, disagreed. He said the city missed its time to appeal.
The court agreed with Day.
Marco “should have filed its notice of appeal within 30 days of (Crown’s) order,” wrote Appellate Court Judges Daniel Monaco, Elisabeth Adams and Joseph C. Fuller in their Jan. 16 ruling. “As it failed to do so until December 6, 2007, the current appeal is untimely and this court is without jurisdiction to entertain it further.”
The city had hired its own law firm, Fort Lauderdale-based Weiss Serota to prosecute the case. City Attorney Alan Gabriel said he was “very surprised” by the ruling.
Gabriel said the city plans to appeal again.
“The direction from council, which has not been changed, is to defend this ordinance,” Gabriel said.
The firm, Gabriel added, will “probably just move forward and file the appeal,” but Gabriel will ask the Marco Island City Council to hold a future executive session to discuss the case at council’s regular meeting Monday evening.
Day put out a plea for the city to stop. He suggested the council hash out an alternative ordinance within the bounds of state law, rather than keep spending taxpayer money.
“This case is a good example of what’s wrong with the government,” Day said. “They have spent a fortune on this case simply to prove they were right.”
City records show Marco has paid $55,571 in legal fees to Weiss Serota and $1,234.43 in court costs to prosecute the case to date.
Marco’s efforts also could be overshadowed by a potential revision in state anchoring laws. The Florida Fish and Wildlife Conservation Commission has completed draft legislation that would clarify anchoring rules and establish a pilot program allowing municipalities to regulate anchoring on a trial basis.
There’s currently no sponsor for the legislation, said Alan Richard, an FWC attorney.
Richard, who testified for the defense in the County Court case, said the appellate court decision should seal the fate of Marco’s original ordinance.
“They blew the time limit,” Richard said. “No matter how much they would want to keep going, this one’s over.”
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Comments » 8
jimbo46marco writes:
The original proposal by the Marco Police would have probably worked.
matt#206381 writes:
Perhaps it is called "procedural grounds", but I think Alan Richard summed it up correctly. Basically, Marco Island blew the appeal. Time is of the essence with this stuff, and all attorneys know it.
blondie writes:
Here we go again! Has anyone notice any problems since the last legal argument. There are almost no boats anchored anywhere or any time. The boats that have anchored we here short term. They either waited for weather, visited friends or went shopping. Shopping, sight seeing, car rentals, fueling up, restaurants, and visiting friends all generate money into the city coffers. I think it simply pride or embarassment that some of the same people are trying to make this a bg issus again. The only winners in this situation are the lawyers. The City losses money, the local business lose money. There is and have been NO Problems. Please stop spending our taxpayer money on this nonsense.
August8 writes:
"Oh Yea"!!!!!!!!!!!!!!!!
I for one can tell you for sure, this measure was not needed and is clearly ineffective, "unfortunately,Just look around and you will see what I mean!!!!!!!
shadow writes:
way to go council(idiots)....and who cares? we're still an island...stop the wakes, the speeding in the canals first, then worry about some poor schmuck that happens to anchor here for a day ot two. come one...enforce the laws we already have.
Fossil writes:
Mr. Issler, are you going to suggest that our City Council reimburse from their own pockets the tax money they wasted on this legal effort? In the interest of consistancy, I sure hope so.
smiley writes:
van hit the nail on the head: enforce the laws we have. In the past year I have seen the Marco PD patrol boat only once or twice in the Landmark Waterway area where a handful of constantly speeding boaters laugh at the "no wake" ordinance. The greatest damage to properly constructed seawalls is from boat wakes. A regular patrol and tickets to offenders would send a strong message. We don't need a new transient boat ordinance.
esplanade2 writes:
I think the priviledged have too much on their
minds when they reach power.
Let it Go. Let the Boats Anchor and use our existing rules.
It is amazing how little people make big waves
when they use O.P.M
Other peoples money
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