A proposed settlement of the contentious plan for a dock on the Matanzas River south of SR 312 was tabled by the commission last month, to give commissioners an opportunity to discuss with attorneys a lawsuit filed by the developer of Fish Island.
The proposal will be back on the regular meeting agenda Monday.
The settlement proposed would reduce the dock from 100 to 70 slips, add five public slips, move the dock closer to the SR 312 bridge, narrow the walkway from ten to eight feet and use light-penetrating materials, and restrict further dock creation along Fish Island Development’s Matanzas River frontage.
City Attorney Brown said the courts have upheld the city’s right to deny a marina, but the lawsuit, filed under Florida’s Bert J. Harris, Jr., Private Property Rights Protection Act, focuses on damages of nearly $9 million claimed by Fish Island Development, LLC.
“It’s up to a judge now to decide if the denial creates an inordinate burden on the property owner’s investment, and if so, a jury would decide how much the property owner should be compensated,” Brown told commissioners.
Monday night the commission willl be deciding whether to accept the settlement proposal or take their chances in court.