A long-running fight over a backyard guest house in Tampa has ended with the homeowner in jail.
Michael P. Martin, a Tampa property owner, was ordered into custody after a judge found he failed to comply with a court order to tear down a guest house that neighbors say was improperly built on his lot. The arrest capped a multiyear dispute, with neighbors arguing the structure sits in a utility easement and violates plat restrictions that have been on the books since the 1920s.
Judge Orders Jail Time Over Plat Violations
Circuit Judge Christopher Nash ordered Martin jailed after finding the guest house violated plat restrictions recorded in 1924 and was built within a utility easement the city never released. Nash turned down an offer from Martin to deposit demolition money into a court account while he appeals, a move neighbors said would not actually ensure the guest house ever came down. Martin was taken into custody on Monday under the court’s order, according to WTSP.
Why Old Plat Restrictions Still Pack a Punch
In Florida, old paperwork has a way of staying very alive. Courts have often enforced restrictive covenants and recorded plat reservations when owners had notice of them, creating a body of law that stretches back decades and can bind modern homeowners who never signed the original documents.
The Florida Supreme Court’s treatment of recorded covenants in cases such as Wahrendorff v. Moore, detailed on Justia, illustrates how recorded plat terms can remain enforceable long after they were first filed. Nash serves on the 13th Judicial Circuit, according to the Hillsborough County law library.
Neighbors, Permits and a Six-Figure Bill
The current legal brawl traces back to a 2021 lawsuit by neighbors Barbara and Gordon Babbitt, who asked a court to enforce the plat and force removal of the guest house. Motions filed by the neighbors claim Martin now owes $392,372.50 in judgments and fees…