Please see the May 15, 2013 Naples Daily News article LINK HERE on the homeless shelter ordinances and subsequent legal action taken by the Estate of James Bernet against the City LINK HERE.
The City's response, through outside counsel Roetzel & Andress, LINK HERE argues that the Estate fails to state a legally sufficient claim for mandamus relief, does not have a clearly established right to a development order, has failed to exhaust its administrative remedies and that the pending-ordinance doctrine bars the Estate's substantive arguments in favor of issuing a development order without the Estate first complying with the Homeless-Shelter ordinances.
The case is being handled in Lee County Circuit Court by Judge Keith R Kyle.
BSAFE continues to retain attorney Kamala Corbett of Foley & Lardner LLP to monitor the legal actions and provide counsel.
