The Fourth District Circuit Court called city commission’s May vote an “erroneous” interpretation of the Land Development Code.
FERNANDINA BEACH, Fla — A Circuit Court Judge has struck down a vote from Fernandina Beach City Commissioners to demolish a home that could have led to at least eight townhomes developed in its place.
Anthoney Tringali Revocable Trust and Josephine Tringali, listed in the order handed down by Judge Eric Roberson Wednesday, wanted to consolidate eight single family lots and build eight townhomes on the parcel located at 124 S. Third St. The city and Worthy Investment LLC are also named as defendants.
The City Commission approved the home’s demolition in May following a five-hour meeting without sending the issue before the Board of Adjustment for a vote, the decision stated. The city went with a different portion of the code regarding subdivision to justify its vote.
The plaintiffs, residents Taina Christner and Merry and David Coalson sought a court to nullify the vote, filing a petition in June. They cited a section of the Land Development Code that states a structure containing one or more platted lots constitute one building site and ” … no permit shall be issued for the construction of more than one residential unit on the site.”
However, it later reads that, “A change from the the foregoing provisions for the purpose of establishing building sites or separation of building sites requires supermajority approval by the Board of Adjustment.”
The court stated the section on subdivisions did not apply to eight separate parcels being combined into one multifamily structure and it found that section of the code was more general in scope than the code the plaintiff’s cited.
“As such, the essential requirement of law were not followed and relief is warranted,” Roberson wrote.
The matter was sent back to the Board of Adjustment, quashing the city’s decision, the court stated.
In late 2022, the Fernandina Beach Planning Advisory Board expressed doubt about the development after resident pushback.
