A hearing on several significant issues is currently scheduled for February 27, 2025 at 4:30PM. It will be conducted via Zoom, and the public is invited to attend.
Zoom link:
The summary judgment hearing is expected to focus on objections to a Settlement Agreement between Riverstone and Nassau County. The Agreement gives the green light to Riverstone to proceed toward constructing up to eleven condominium towers, at least 85 feet high, adjacent to the state park.
The lawsuit opposing the Settlement Agreement notes that it:
Contains provisions that are in violation of the County’s Land Development Code and includes instances of illegal contract zoning.
Is a “development agreement” which cannot be granted at a single hearing of the County Commission.
Is not consistent with Nassau County’s Comprehensive Plan.
Contains a long list of valuable concessions to Riverstone that were not sought in its complaint and cannot be granted without following the established processes for public hearings and approvals.
Requires Riverstone and the County to seek the Circuit Court’s review to ensure that it protects the public interest, which they have not done.
Riverstone and the County are expected to disagree with these objections and seek to have them dismissed.
Judge Aho may consider any or all of these issues on February 27. She may choose to rule at the hearing or to issue written rulings later. Her rulings may be subject to appeal by any party.
If the summary judgment hearing does not resolve the case entirely, and if there are no appeals, then a trial on any remaining issues is scheduled for early August. It will be held in the historic courthouse in Fernandina Beach.
Background:
In June 2021, Nassau County passed an ordinance restricting new construction to 35 feet high in unincorporated parts of Amelia Island. (In September 2021, this was amended to 45 feet.) The new restrictions affected at least seven multifamily parcels where new construction up to 85 feet high had been permitted, One of those parcels is fifty acres of vacant land adjacent to the state park at the south end of Amelia Island. Riverstone Properties of Richmond, Virginia, purchased it for approximately $2 million more than 20 years ago.
In the fall of 2021 Riverstone sued Nassau County, claiming that the new ordinance had been improperly formulated and passed. The suit was filed under Florida’s Bert Harris law that deals with new zoning restrictions. Shortly thereafter, Riverstone filed a claim for damages. According to that claim Riverstone was unduly burdened because it would be prohibited from building eleven seven-story condominium towers on the property.
In May 2022, the Nassau County Attorney, Denise May, presented a Settlement Agreement to the County Commissioners that she had negotiated with Riverstone. Without noting anything that the county had done wrong when passing the new zoning ordinance, it conceded to Riverstone the right to build seven stories (or more than 85 feet high) on its property.
The Agreement also contained a long list of valuable concessions that Riverstone had not even requested in its suit against the County. For example:
Permanent exemption from future amendments to tree protection ordinances.
Permitted uses including cabanas and clubhouses with full food and beverage services in a residential area.
At least four lighted billboards on scenic First Coast Highway, each up to 13 feet high.
The right to measure building height from finished grade rather than natural grade, thereby permitting towers higher than 85 feet.
The right to build up to 150 residential units on 42 acres instead of 50 acres.
Etc., etc., etc.
Ordinarily, any landowner seeking such concessions would be required to file for permits or variances and to follow established procedures, including public hearings. In the Settlement Agreement Nassau County has waived any requirements for Riverstone to do so.
The Agreement also transferred eight acres of mostly low land at the south end of the property to Nassau County for a beach access adjacent to the state park.
At the County Commission meeting in May 2022, where the Agreement was considered, a standing-room-only crowd of concerned citizens attended. More than 100 signed up to speak against it. Only Riverstone’s attorney from Rogers Towers in Jacksonville, spoke in support. The Agreement was voted down by the County Commissioners.
Nearly a year later, in April 2023, the County Attorney brought virtually the same Agreement before the County Commissioners again. The only change was that it now included a payment of $250,000 to Riverstone to cover its legal fees. This time, four of the County Commissioners (Martin, Farmer, Gray and Huppman) voted in favor of the agreement and it was adopted.
The Current Litigation:
Within thirty days a suit was filed against Nassau County, objecting to the Agreement. Plaintiffs were Citizens Against Runaway Development (CARD) and the Sanctuary Property Owners Association, which is immediately adjacent to the Riverstone property. Donations to pay for the suit poured into CARD from the hundreds of citizens who opposed to the Agreement.
Nassau County asked Riverstone to join it in the lawsuit against the community groups. Riverstone did so. The Amelia Tree Conservancy joined the plaintiff group to stop the Agreement. And CARD was dismissed from the suit because it was not incorporated until a week after the agreement was signed.
Various motions have been filed, and the case has been reassigned to Circuit Judge Marriane Aho. Both sides have filed motions for summary judgment, seeking to have the case resolved. Those are currently scheduled to be heard on February 27 at 10AM.
As always, we will do our best to keep you informed of developments as they happen. Your county government will not do so.
Lyn Pannone, President Amelia Tree Conservancy
Corky Hoffman, President Citizens Against Runaway Development