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Date of Issue: March 17, 2005

McLean-Coloney vs. Holmes Beach lawsuit begins Feb. 1

Oral arguments in the long-awaited court case of Holmes Beach property owners Ruth McLean and Barbara Coloney against Holmes Beach and its board of adjustment are scheduled to begin Tuesday afternoon, Feb. 5, in the Manatee County Circuit Court.

The court case stems from a board of adjustment decision in February 2004 to grant Holmes Beach property owner Frank Davis of 5622 Gulf Drive a lot width variance to build two duplexes.

McLean and Coloney, as adjacent property owners, objected to the variance and a lawsuit against the board and city was filed by Miami attorney John Shubin on behalf of McLean and Coloney.

McLean and Coloney also have a lawsuit against Davis and the city claiming approval of Davis’ site plan for 5622 Gulf Drive was improper. Another legal action by Shubin claims the city did not give proper notice to adjacent landowners. Attorney Peter Mackey, representing Davis, has filed a countersuit against McLean-Coloney and the city.

Greg Hootman of the Florida League of Cities represents Holmes Beach in the suits.

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