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Magistrate dismisses Little Gasparilla Island code case after owner challenges evidence
Summary
At a Sept. 3 Charlotte County code-enforcement hearing, the special magistrate dismissed a case involving a Little Gasparilla Island property without prejudice after the owner’s attorney challenged the county’s evidence and the county conceded permit questions tied to the 50% rule.
Derek Rooney, the special magistrate for Charlotte County, dismissed without prejudice a code-enforcement case involving a property on Little Gasparilla Island after the property owner’s attorney argued the county had not proven a required legal threshold and questioned the lawfulness of the county’s inspection evidence.
Robert Volpe, representing the property owner (Louise L. Volpe, trustee), asked the magistrate to strike or dismiss the county’s evidence and records, arguing the county had not proven the term “substantial damage” as defined in county code and that some evidence had been obtained lawfully questionable ways. Brandon Hackbarth, appearing for the county, said the county was prepared to proceed but conceded that the work necessary to repair the structure would fall below the…
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