Citizens seek redress in court to protect property and quality of lifeThe first of several civil suits were filed against Palm Beach County this past Monday (Feb. 8) by homeowners claiming loss of property values after the county approved housing development on the former Mizner Trail Golf Course.

The homeowners in the Boca Del Mar subdivision who paid a premium for their open space views who are filing the claims are asking the 15th Judicial Circuit Court to award damages under the Bert J. Harris Act.

William Vale was one of the first property owners to file the claim.

He states, “If we have to accept development of the golf course, at the very least we should be compensated for our loss in property values.”

Florida’s Bert J. Harris law provides for property owners to claim compensation for loss of value or restriction of use of their properties as a result of government actions.

Vale’s lawsuit points to the county commission’s decision on June 26, 2014, to allow the redevelopment of the Mizner Trail Golf Course and its green corridors into zero lot line homes, townhomes, condominiums or rental units.

Vale’s suit states that the difference in value in his “reasonably backed investment” in his property is at least $45,000. The claim is accompanied by tax role information and appraisals made before and after the county’s actions.

In addition to monetary damages, the plaintiffs in these Bert J. Harris claims may also claim for compensation for costs, attorney’s fees and  interest.

About 3,000 homes border the meandering green corridors of the golf course.

Vale’s claim states that the original developer submitted plans to Palm Beach County for the master plan of Boca Del Mar in 1973, and the county required a guarantee that the golf course would remain in perpetuity and would be binding on subsequent owners of the course. The 133 acres of open space had no housing units assigned to it.

In 2005, a subsequent golf course owner informed residents it was shutting down the actively operating golf course and soon after applied for a zoning change to allow housing development instead. Hundreds of residents protested the request and packed county hearings.

The county planning staff denied approval and the county commission turned down the request.   Reasons included the intent of the Planned Unit Development as well as the narrow corridors of the course that meandered by residents’ homes and the cohesiveness of the community.

The golf course owners sued the county in the 15th Judicial Circuit Court in  Mizner Trail Golf Club vs. Palm Beach County, Florida, requesting that the land use be changed from that of an open space to a residential development. The golf course owner lost and the county won.

The golf course owners appealed and lost their appeal in 2009. The higher court affirmed the final judgment of the Honorable Jonathan D. Gerber of the 15th Judicial Circuit Court.

Judge Gerber’s lengthy ruling concluded that Mizner was subject to the master plan which required the south course be maintained as a golf course with no residential units assigned.

About two years later,  another developer, the Siemens Group, also pushed the county to approve housing on the course. The county agencies involved again denied the request.

Then on January 9, 2013, the Mizner Trail Golf Club, Ltd. filed a application to develop housing on the golf course.

As before, the county’s professional planners denied the request. But the Zoning Commission reversed years of its denials and approved it.

After a series of staff and zoning commission reports and public hearings, as well as more lobbying from developers to the county, the Planning Staff reversed its nine years history of disapprovals. The Planning Staff sent the county commissioners its approval for the Mizner Trail Golf Club Ltd. to build its housing application, with over 50 conditions.

The Palm Beach County Commission gave approval for the housing development, 5 to 2, with commissioners Jesse Santamaria and Steve Abrams opposing. Steve Abrams represents the district that includes Boca Del Mar.

Adds Vale, “The irony of the situation is that if the court agrees with the civil suits,  the county will be forced to use taxpayer monies to pay affected property owners — all because of the county’s need to bail out a longtime Palm Beach County developer.”

The subdivision is located in the area just west of Boca Raton.