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Biltmore lawsuit remains in limbo
By HARLAN WEIKLE
Article published on Wednesday, Aug. 20, 2008 |
BELLEAIR – With no court date set to hear arguments in the lawsuit brought by three town residents alleging that town officials unfairly favored Legg Mason’s variance requests for the Belleview Biltmore Resort renovation, it is possible those involved might agree to negotiate.
Asked on the progress of the pending suit during a recent Town Commission meeting, Town Attorney David Ottinger said, “I’ve asked their attorney what would resolve this issue; we haven’t heard back.”
In a phone interview Tuesday, Alan Zimmet, the counsel for complainants Scott Spencer, Robert Swinehart and Fred Thomas, acknowledged that negotiations were pending, but would not reveal his clients’ response.
The complainants have alleged that their quality of life would be affected by the close proximity of their homes to the Biltmore’s proposed spa, with its outdoor deck to be open for events until 11 p.m.
Ottinger said earlier this week that the three-judge panel assigned to the hearing have not as yet indicated a date for review of the Writ of Certiorari, a judgment whether the commission’s quasi judicial hearing of the variance requests qualifies for review by a higher court.
Ottinger said the town’s hearings were conducted with absolute care and with proper notifications to all concerned.
“If the main point of contention is over the location of the spa and relocating the spa is not an option then we, the town, will have to proceed with the defense,” Ottinger said.
Ottinger said he would attempt to reach the higher court later this week for a determination, adding, “My guess, we’re not going to resolve this out of court.”
Ultimately, the decision whether to negotiate is the owner’s decision, Ottinger said. The Biltmore owners are represented by attorney Tom Reynolds. Spokesperson Amy McGuire said that given they had not yet heard an opinion from the Appeals Court judges, they would not be able to comment at this time.
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Article published on Wednesday, Aug. 20, 2008
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