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Special magistrate finds dune disturbance at Sunset Way; remedy deferred pending legal proposals

2997146 · April 15, 2025
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Summary

A St. Pete Beach special magistrate found that work using mechanized equipment had excavated a dune without a required permit at 2500/2502 Sunset Way but declined to classify the damage as irreparable or irreversible and reserved the remedy, asking parties to submit legal authority and a proposed resolution within seven days.

A special magistrate for the City of St. Pete Beach found on record that work that moved sand through the dune system at 2500 and 2502 Sunset Way occurred without the required permit, but she stopped short of declaring the damage irreparable or irreversible and gave the parties time to propose a way forward.

The finding came after the city presented photographs and a repair estimate and after testimony from the property owners’ expert, Britney Banco, a senior ecologist with Verdantus LLC, who testified that: “based on my physical inspection of the dune at these properties and my professional experience… the dune system has not been irreparably or irreversibly damaged by human activity.” Bancó also testified that natural forces and vegetative recruitment had largely restored the dune system to conditions consistent with post‑storm…

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