Two Stock Island residents appealed against decision to abandon Laurel Avenue and MacDonald Avenue
By Diane Beruldsen, Stock Island Association
Two Stock Island residents have appealed a recent decision by the Monroe County Commission to abandon Laurel Avenue and MacDonald Avenue on the island in favor of adjoining landowners Murray Marine Sales and Service, Inc. and Wreckers Cay Apartments at Stock Island, LLC.
The petition for writ of certiorari and mandamus was filed by long-time South Florida attorney Ron Strauss, who has offices in Coral Gables and Marathon. Diane Beruldsen, from Stock Island Association, and Aramis Ikatu are the Petitioners.
“The County Commission just gave away the last of the public access to open water on Stock Island to two developers,” stated Beruldsen. “Looks like the Commission thinks only tourists and wealthy homeowners with waterfront private property should get to access the water in Stock Island.”
“The County’s vote to abandon the roads is governed by County Code 19-1, which prohibits road abandonment if it ““provides access to the public to land on open water”, and/or “would preclude a way for the public to maintain access to the water.” Strauss stated. “Abandoning those roads violates es both of those provisions.”
Both Laurel Avenue and MacDonald Avenue lead to the filled “spits” which extend into Boca Chica Bay, the petition alleges. The spits are used by the public for swimming, picnicking, family events. Live aboard boaters dock their dinghies there for access to shopping and getting to work.
That’s one of the reasons Ikatu is fighting the road abandonments: he would not be able to access his live aboard houseboat if the developers close the land off to the public.
The petitioners also seek to compel Murray Marine to remove a fence it erected in the Laurel Avenue right of way which blocks off public access to the water. They allege Murray Marine has also built unpermitted docks attached to the right of way, uses it for boat racks, and has built a shed there as well, and denies the public access to public property.
“Could you tell me how Murray Marine fenced off a public seawall and built docks and, hence, denied access to the water by the public? Was that action permitted and approved by you without public input?” Nancy Hillman, a Stock Island resident, asked the Commission. (App. I, PDF p. 286, transcript)
According to Friday’s petition, “The faint greyed out lines in the survey sketch clearly show the edge of the open water within the Laurel Avenue right-of-way, with six unpermitted piers extending perpendicularly from the edge of the right-of-way into the water being used by Murray Marine behind the unpermitted fence, along with boat storage racks for its business.”
The petition seeks to require County Code enforcement to remove the fence and the encroaching structures so the public can access the water, and to require the payment of fines, penalties, and other monies owed for the unpermitted commercial use of private property.
“At the hearing, the developers’ attorney Barton Smith represented to the Commissioners that Murray Marine had a permit to build that fence in the right-of-way. But, there is no such permit. That was absolutely wrong, and Christine Hurley from the County had to correct him later on in the hearing,” added Beruldsen.
“Maybe Murray Marine will leave the docks and piers there for the public to use, since they’ve made money for years by using public property and keeping the public out.”
[livemarket market_name="KONK Life LiveMarket" limit=3 category=“” show_signup=0 show_more=0]
No Comment