Outside law firm to explore Navy harbor dispute

BY PRU SOWERS

KONK LIFE STAFF WRITER

 

Inching a step closer to possibly suing the U.S. Navy over its 2013 decision to close Truman Harbor to all non-Federal boat traffic, the Key West City Commission has voted 4-1 to explore its legal options.

Commissioner Richard Payne sponsored the resolution, which directs City Attorney Shawn Smith to hire an outside law firm with expertise in land use to explore the merits of the city’s complaint against the harbor closure. The outside counsel will also look at whether the statute of limitations for bringing a case against the Navy is four or six years. Smith has said it is a six-year statute of limitations but Payne, a former judge, wanted confirmation.

“If we make a mistake on that statute of limitations, it’s all over folks. You never can redress your grievances. You never can get use of your harbor properties. It’s over,” Payne said at the Aug. 16 city commission meeting.

The Navy had originally returned ownership of the harbor, including the East Quay, to the city in 2002. As a result, city officials began planning to build a 130-slip marina in the harbor, producing enough revenue – an estimated $1.3 million a year – to pay for the annual upkeep of the new Truman Waterfront Park. But in 2013, Naval Air Station Key West Capt. Steve McAlearney reversed the decision, saying the harbor needed to be keep clear for national security training exercises. McAlearney refused to reconsider his decision in June in response to a letter from the city manager.

Commissioner Sam Kaufman said that the city should at the very least explore its legal options.

“Now we have to maintain [Truman Waterfront Park] and we don’t have that economic resource. I’m looking at this as economic damages potentially that the city might be entitled to,” Kaufman, an attorney, said.

Commissioner Jimmy Weekley originally was leaning against taking legal action against the Navy, which has long provided jobs and other economic support in Key West. However, the gifting back of the harbor to the city was “the main thrust” of the economic plan for the waterfront park, he pointed out.

“I don’t want to see us spend a lot of money. But if you can come back to us with what you find out… I may take a second look at it,” Weekley said.

Mayor Craig Cates agreed.

“If they [Navy] have the right to change their mind, then so be it. We just want to double check to make sure. I don’t think this hurts our relations with the Navy,” he said.

Commissioner Margaret Romero was strongly against continuing the battle with the Navy. She pointed out that the marina would have been privately managed and that two other local companies wanted to use the harbor for “duck boat” tours.

“We should not be asking taxpayers… to spend any monies which are only going to profit a few. The cost of exploring this and the cost of litigation falls on the taxpayers,” Romero said.

City Attorney Smith said he did not know how much an outside law firm would charge. His office has a budget for outside counsel with approximately $30,000 left in it that will be used to pay the fee for the legal opinion, he said.

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