MARCO ISLAND — Marco Golf & Gardens received a reprieve today as a Collier judge lifted a portion of an order that required the owners to rip it out within 60 days.
Circuit Judge Hugh Hayes ruled an evidentiary hearing is needed to determine if property owner Fred Kramer gathered the necessary votes to end deed restrictions that have existed on the island for decades.
The Marco Island Civic Association (MICA) sued and sought a judgment in its favor, Kramer, who owns the property with his wife, Marianne, gathered the signatures of owners of eight of 15 properties, the majority required, then obtained a ninth signature after Hayes’ ruling in June.
On Friday, MICA’s attorney argued Kramer didn’t have the required number of votes because one property owner who signed a ballot has since sold his property. MICA attorney Jeffrey Fridkin said the rules to terminate restrictions say “then owners” at the time of the vote and that has changed.
The Kramers and Hazzard declined to comment after the hearing, which involved a motion asking Hayes to reconsider his prior ruling.
“The bulldozers are going to stand at ease,” Fridkin said.
A date for an evidentiary hearing has not been set, but will occur by Nov. 13. The restrictions, however, end Jan. 30, 10 years after the last renewal by MICA.