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MARCO ISLAND — UPDATE:
As expected, Collier Circuit Judge Hugh D. Hayes has signed a court order halting operations at the Marco Golf & Garden miniature golf course on Marco Island. It was closed Friday.
Worse than that for the owners, the judge orders that within 60 days the defendant is ordered to remove the miniature golf course from the property and restore it to the condition as it existed prior to construction.
The Marco Golf & Garden miniature golf course faces halting its operation.
On Wednesday, June 19, Circuit Judge Hugh D. Hayes approved an order to halt operations at the miniature golf course, based on a request by the Marco Island Civic Association.
Following legal procedures, the prevailing lawyer, Jeff Fridkin for MICA, prepares the order for the judge to sign, according to Hayes’ judicial assistant Jan Metcalf. Ruth McCann, MICA executive director, said on Monday that Fridkin has sent the proposed order to Judge Hayes. It is expected he will sign it this week, she said.
“MICA is pleased with Judge Hayes’ decision which reinforces the responsibility MICA has to enforce Deltona deed restrictions on behalf of the property owners and residents of Marco Island.”
Course owners Fred and Marianne Tirri Kramer received approval from the Marco Island City Council, but not from MICA, which received authority from the old Deltona Corp. in 1986 to approve new construction and any deed restriction changes, which the Kramers needed, according to MICA.
“The property owners are responsible for bringing in the construction plans,” McCann said. “MICA contacted the Kramers through a letter and the builder several times, but no plans were given to MICA.”
On Monday, Fred Kramer, an attorney, declined comment and referred comments to their attorney William Hazzard who is on vacation until July 8.
In January MICA sued property owner Donna Di Promessa, LLC, which is headed by the Kramers. The course is located at 981 Winterberry Drive, next to Sasso’s International Cuisine & Seafood, owned by Di Promessa, which provides parking for the course.