Magistrate dismisses Little Gasparilla Island code case after owner challenges evidence

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 county’s 50% threshold for “substantial damage.”

Rooney said the procedural and evidentiary problems—principally the county inspector who could testify was not present and the owner had active permit filings—made dismissal appropriate. “I’m going to dismiss the case without prejudice,” Rooney told the parties, allowing the county to refile if necessary after securing lawful evidence or if permitting stalls.

Why it matters: The case raised a recurring issue for post‑Ian enforcement: whether damaged barrier‑island houses cross the county’s defined 50% “substantial damage” threshold that can change enforcement options, and when photographic or inspection evidence must be supported by an inspector’s sworn testimony. The magistrate’s dismissal preserves the county’s ability to present evidence again but prevents an immediate enforceable order while permitting continues.

What was argued and the order entered: Volpe told the magistrate the owner had applied for an owner‑builder renovation permit and that contractors had inspected the structure; he argued the county had not proven the defined statutory or code elements for “substantial damage.” Hackbarth acknowledged the county did not have the building inspector present but objected to excluding the county’s remaining evidence. Magistrate Rooney said, given the circumstances and the absence of on‑site testimony, dismissal without prejudice was the proper course; he specifically noted the county may later need to show inspections and photos were obtained lawfully if it reopens the matter.

Next steps: The county may refile the case if inspections obtain admissible evidence or if permits are not prosecuted to completion. Volpe said a permit application and inspections are underway; the magistrate encouraged the parties to use the permitting process as the primary way to resolve the property’s condition before returning the matter to the hearing calendar.

Key excerpt from the hearing: Rooney: “I’m going to dismiss the case without prejudice.”

Proper names: Little Gasparilla Island; Louise L. Volpe (trustee); Robert Volpe (attorney/representative); Brandon Hackbarth (attorney for the county); Derek Rooney (Special Magistrate).

Ending note: The dismissal preserves the county’s enforcement options while allowing the owner to proceed with permitting; it leaves the underlying compliance question open until permit reviews or further lawful inspections occur.