MARCO ISLAND — Mini-golfers are putting again on Marco Island.
The Marco Island Civic Association and Marco Golf & Garden miniature golf course have settled their legal battle after nine months.
The settlement was a win for both sides: MICA’s deed restrictions, which barred a mini golf course, were upheld by a Collier Circuit judge, but the ruling became moot after a majority of neighboring property owners voted to lift that beach block’s restrictions.
“The miniature golf course reopened last night,” Fred Kramer, a Marco Island attorney who owns the Winterberry Drive mini golf course with his wife, Marianne, said on Wednesday. “... MICA has recognized that it has no voice in the vote of property owners seeking to cancel the various Deltona restrictions.”
But Ruth McCann, MICA’s executive director, considered the settlement a validation of the 39-year-old Deltona Corp. restrictions because they were upheld by a judge.
“We are pleased that the courts have upheld the validity of the Deltona deed restrictions and their covenants,” McCann said, noting owners need to contact MICA, comply with the restrictions and understand their importance.
She said the legal battle became moot after owners of eight lots — a majority of 14 lot owners in that beach block — voted to end the restrictions. Marianne Tirri Kramer, co-owner of the 18-hole miniature golf course property, owns five lots, the majority of eight votes.
The settlement was filed in court Tuesday, ending a contentious legal battle that began when MICA sued the Kramers’ business in January. It also ended a battle pending before the Second District Court of Appeal in Lakeland.