With a visit from FEMA only days away the Town of Fort Myers Beach has asked Circuit Court Judge Keith Kyle to expedite the case, dispense with oral arguments, and rule on the eviction of La Ola from Times Square immediately.
The reason the town wants Judge Kyle to rule on the case quickly is because FEMA representatives will be rolling over the Matanzas Pass Bridge on July 15th to inspect the town’s progress. They will be looking to see if the town has come into compliance with a list of FEMA requirements that will get the town off probation and reinstate the 25% discount in the National Flood Insurance Program. The Mayor has said the town has done everything FEMA has asked and he hopes the town gets off probation later this year.
In an 8-page filing with the court this week, the town states to the judge that “One of the reasons the town was placed on NFIP probation was that the town “did not remove non-compliant structures that were incorrectly permitted and should not have been placed in the Special Flood Hazard Area.” The Town must demonstrate that all noncompliant structures are brought into compliance to avoid additional NFIP sanctions.
A magistrate judge previously ruled in the town’s favor and gave La Ola owner Thomas Houghton until March 1st to leave Times Square or come into compliance (use a structure that could be removed using a light duty truck). Houghton and property owner Chris Primeau appealed that ruling to the Circuit Court, hired local attorney Amy Thibaut to help fight it, and a back-and-forth of filings has gotten us to this point in time. Despite Hougton being able to dismantle his operation and truck it off the island on a few hours notice, FEMA says that’s still not good enough…