Judge dismisses community lawsuit against proposed Riverstone Condos
Posted
A Nassau County judge Monday issued a summary judgement for developer Riverstone Properties and Nassau County dismissing a lawsuit to halt construction plans for 11, 85-foot high condo towers on the south end of Amelia Island.
The lawsuit was filed by Citizens Against Runaway Development, Amelia Tree Conservancy and an adjacent property group Amelia Island Sanctuary Property seeking to halt progress on developing the property.
Lyn Pannone, president of the Amelia Tree Conservancy, reported the following:
Judge Marianne Aho granted summary judgment to Riverstone and Nassau County, dismissing the lawsuit brought by community groups. Her ruling was based on her opinion that the Settlement Agreement was not a development order.
Judge Aho reserved ruling on whether the Settlement Agreement was authorized under the Bert Harris Act.
"If the judge’s final ruling is that the settlement was not authorized under the Bert Harris Act, that would represent a blow to the Settlement Agreement. It might force the County and Riverstone back to the drawing board," she said. "If the judge rules the settlement was authorized under the Bert Harris Act, we plan to appeal. Our counsel is optimistic of a better result from the appeals court."
On April 24, 2023, Nassau County and Riverstone entered into a Settlement Agreement, essentially giving the green light for construction of the eleven condominium towers.
The community groups immediately filed a suit to block that agreement. Litigation has continued for nearly two years.
The lawsuit claimed: "The Association and its members will be harmed to a degree that exceeds the harm caused to the public in general because the proposed development activities approved by the County as alleged herein would increase the permitted building height of multifamily residential
structures that could be constructed on the Property within a matter of feet from their property,
thereby increasing rather than reducing the intrusion of an incompatible use into existing residential areas, and would also increase the number of people in the area, thereby increasing demands relating to public services, road capacity for traffic and evacuation, and infrastructure."
structures that could be constructed on the Property within a matter of feet from their property,
thereby increasing rather than reducing the intrusion of an incompatible use into existing residential areas, and would also increase the number of people in the area, thereby increasing demands relating to public services, road capacity for traffic and evacuation, and infrastructure."
