Two Treasure Island residents have filed a lawsuit asking a judge to declare two city development ordinances to be void.
If the judge agrees, the effect would be to prevent developments of certain heights and densities from being built in the beach city’s downtown special area. That would include developments that have already been approved under the rules.
At issue are two ordinances that were passed in 2012. Both involved the Treasure Island downtown special area plan, which allows mixed-uses in order to encourage development and redevelopment. The other creates the specific mixed-use category envisioned by the first ordinance.
To pass, both had to be advertised and that, according to the lawsuit, is where the city erred. Rather than advertising the type of rule changes the ordinances were going to make, the city advertised them both merely as “public hearings.” State law, the lawsuit says, requires that the type of change be specifically named in the advertisement.
As a result of the city’s failure to comply with the requirements of Florida statutes …, all of the ordinances … are invalid, unenforceable, and void ab initio,” the suit says.
The lawsuit was filed by attorney Ken Weiss, who has filed other suits against Treasure Island and Madeira Beach alleging that both governments did not stick to the rules in approving certain developments.
A suit Weiss filed against Madeira Beach that was dismissed last year has since been reinstated. And a different suit filed against Treasure Island is also expected to be reinstated.