Two Stock Island residents have appealed a recent decision by the Monroe County Commission to abandon Laurel and MacDonald avenues on the island in favor of adjoining landowners Murray Marine Sales and Service, Inc. and Wreckers Cay Apartments at Stock Island LLC.
South Florida attorney Ron Strauss filed the petition for writ of certiorari and mandamus on behalf of Diane Beruldsen of the Stock Island Association, and resident Aramis Ikatu.
“The County Commission just gave away the last of the public access to open water on Stock Island to two developers,” Beruldsen said. “Looks like the commission thinks only tourists and wealthy homeowners with waterfront private property should get to access the water on Stock Island.”
“The county’s vote to abandon the roads is governed by County Code 19-1, which prohibits road abandonment if it ‘provides access to the public to land on open water,’ and/or ‘would preclude a way for the public to maintain access to the water,’” Strauss said. “Abandoning those roads violates both of those provisions.”
Both Laurel and MacDonald Avenue lead to the filled “spits” that extend into Boca Chica Bay, the petition states. The spits are used by the public for swimming, picnicking and family events. Liveaboard boaters dock their dinghies there to access shopping options and get to work.
If the developers close the land to the public, Ikatu won’t be able to access his houseboat residence, states a press release from the filers.
The petitioners also want Murray Marine to remove a fence erected in the Laurel Avenue right-of-way that blocks public access to the water. They claim Murray Marine also has built unpermitted docks attached to the right of way as well as a shed there, and denies the public access to public property.
“Could you tell me how Murray Marine fenced off a public seawall and built docks and, hence, denied access to the water by the public? Was that action permitted and approved by you without public input?” Nancy Hillman, a Stock Island resident, asked the county commission.
According to Friday’s petition, “The faint greyed out lines in the survey sketch clearly show the edge of the open water within the Laurel Avenue right-of-way, with six unpermitted piers extending perpendicularly from the edge of the right-of-way into the water being used by Murray Marine behind the unpermitted fence, along with boat storage racks for its business.”
The petition wants the county’s code enforcement department to remove the fence and encroaching structures, and to require the payment of fines and penalties for the unpermitted commercial use.
“At the hearing, the developers’ attorney Barton Smith told the commissioners that Murray Marine had a permit to build that fence in the right-of-way, but there is no such permit. That was absolutely wrong, and Christine Hurley from the county had to correct him later in the hearing,” Beruldsen said. “Maybe Murray Marine will leave the docks and piers there for the public to use, since they’ve made money for years by using public property and keeping the public out.”
