A homeowner is ready to go to court in the stone vs. sod controversy.
Steve and Adeline Kieley, who own a patio villa at 2816 Burgos Drive in the La Crescenta Villas, have retained the Sachs Sax Caplan law firm in Boca Raton to represent them in their ongoing dispute with the Community Development District 2 Board of Supervisors.
District Counsel Mark Brionez at Friday’s meeting of the CDD 2 board acknowledged receipt of a letter from the law firm. He cautioned board supervisors that they should end public discussion of the stone vs. sod battle, which has been a burning topic for most of 2023. Brionez warned supervisors that they should not be divulging information or stating opinions in public, recorded meetings that the Kieleys’ lawyer could use against them in future legal proceedings. It’s the same advice Brionez has given to Community Development District 8 supervisors embroiled in a protracted legal battle over a resident’s little white cross.
La Crescenta Villas residents were ordered in June to remove their stone landscaping and replace it with sod. Many of the homeowners purchased their homes with the stone landscaping already in place and claim they had no idea stone landscaping was no longer allowed after a 2015 rule change.
Supervisor Tom Swiers said he has no desire to get into a legal battle with homeowners. He said he is fearful of racking up legal fees, which residents would wind up paying for through their maintenance assessments.
“What is the end game here?” Swiers asked his fellow supervisors. ‘We could reverse our decision made in June and make this thing go away.”
Supervisor Jim Cipollone expressed frustration at Swiers’ ongoing efforts to provide some relief to the residents who steadfastly refuse to remove the stone. Cipollone pointed out that some La Crescenta Villas homeowners have gone to the expense of replacing the stone with sod and bringing their homes into compliance.
“The rules are the rules. Why do we keep dwelling on the same thing?” Cipollone asked.
Board Chairman Bart Zoellner said CDD 2 has no choice but to abide by the Southwest Florida Water Management District permit with regard to stormwater management.
“We are between a rock and a hard place,” Zoellner said. “I have the utmost sympathy for our residents.”
