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Council dismisses renewed building‑permit appeal on procedural grounds
Summary
In a procedural ruling Aug. 3 the council granted a motion to dismiss a renewed administrative appeal challenging a pool building permit, concluding appellants used the wrong appellate process; councilors left standing and other remedies outside the town hearing intact.
Fort Myers Beach town council on Aug. 3 granted a motion to dismiss a renewed administrative appeal that challenged a building permit for a private‑property pool, ruling the appellants pursued the wrong appellate path and that the matter should follow the town’s established appeal procedures.
Counsel for the property owner, Zach Lombardo, argued the permit challenge was a building‑permit appeal that must follow Sec. 6‑80 of the town code and said adjoining property owners had invoked the incorrect statutory route (Sec. 34‑86) to try to undo the permit. Appellants’ counsel, Shai Ozeri, countered that Sec. 34‑86 is the code’s general appellate vehicle where no other specific remedy applies and asked council to deny dismissal and hear the challenge on the merits; the town attorney reviewed the code and advised that the procedure is ambiguous but that procedural rules support dismissal to the magistrate process used for building‑official appeals.
After questions of the attorneys and discussion, council voted to dismiss the renewed appeal. The ruling was procedural; the town attorney noted the parties retain other remedies, including civil court filings and potential magistrate proceedings, but the council found the filing did not invoke the available administrative appeal process required for the building‑permit issues raised. The dismissal was unanimous.
