Razing of apartments makes history in Florida

For years, neighbors fought the Martin County complex, saying it violated growth rules. The outcome sets a precedent.

©Associated Press
September 7, 2002

JENSEN BEACH -- A demolition crew began tearing down a $3.3-million luxury apartment complex this week, seven years after nearby residents sued developers for building it in violation of local growth rules.

It is the first time in Florida that a developer has been forced to raze a project already built.

Pinecrest Lakes residents argued that the neighboring complex was not compatible with their homes, as required by Martin County's growth plan, and that the development hurt property values.

County commissioners approved construction of the Villas at Pinecrest Lakes by a 3-2 vote in 1995, and the homeowners association filed a lawsuit a month later. Developers built the apartments despite the pending suit. "The big thing is the developers knew there was a good chance they were going to have to knock down the building," said Phyllis Rundell, a nearby resident. She took a day off work to watch the buildings come down. In 1999, Circuit Judge Larry Schack ordered the apartments demolished. Developer Thomas Thomson appealed the ruling all the way to the state Supreme Court, which refused to hear the case, upholding Schack's order. A later court ruling set a Sept. 16 deadline to demolish the complex.

Thomson said the 45-unit complex should be spared because commissioners approved it despite its violating the comprehensive growth plan. He said the cost of destruction greatly outweighed the combined $300,000 in lost property value suffered by the homeowners.

Thomson had planned 19 buildings but stopped with five.

He did not return messages left at his Wisconsin office and home.

"It took seven years, but we finally righted a wrong," said Pinecrest Lakes resident Karen Shidel. "The rule of law has finally prevailed. But it's a shame that citizens have to do this."

"I've been waiting two years to watch this," said David Ray of Jensen Beach. "What a great day."

Developers last month salvaged washing machines, refrigerators, even garage doors from the apartments in preparation for the razing.

Thomson's case made history in Florida.

'There have been numerous instances to remove an outbuilding, a shack, a garage. That's common," said James Nicholas, a University of Florida professor of law and urban planning. "But what we have here . . . is unprecedented."

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