Sanders Beach Home Talk Heats Up Attorney: Permit Denial Could Lead To Lawsuit

A judge’s decision that city ordinances prohibit construction of a home on Sanders Beach is costing homeowner Joe Chapman $235,000, his attorney said in a letter to city officials.

And the letter strongly hints that if the City Council doesn’t rescind those ordinances, Chapman will sue. Moreover, the letter from attorney Ed Anson argues that the council’s failure to repeal the two ordinances that are stopping Chapman was “a mere oversight.”

It appears the city will not budge. Its answer was deciding not to appeal Judge Gary Haman’s ruling that the city shouldn’t have issued the building permits under ordinances passed in 1928 and 1965, city attorney Jeff Jones said.

The dispute began in September, when Chapman applied for a foundation and footing permit in order to begin building on Sanders Beach across from his house on East Lakeshore Drive. The Sanders Beach Preservation Association sued and the city issued a stop work order.

By that time, Chapman had $35,000 invested in the project. In addition, Chapman has been told the land, “when buildable under the terms of the shoreline regulations, has a present fair market value of approximately $200,000,” Anson’s letter said.

When Haman ruled the building permits are illegal, he noted the property is “unique and valuable” and “in that observation we concur,” Anson said.

But the ruling effectively granted “the public a right of trespass over the property and a view easement across the property,” effectively making private property public, Anson said.

, DataTimes MEMO: This sidebar appeared with the story: POSSIBLE ACTION If Chapman stands unable to build the beach-side home, he could sue arguing the ordinances amount to an illegal taking of private property, his attorney said.