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View for sale: $30,000 New owner of a lake fences it off when homeowners wouldn't pay.
St. Petersburg Times ^ | May 14, 2002 | ROBERT FARLEY

Posted on 05/14/2002 5:05:40 AM PDT by Cincinatus' Wife

EAST LAKE -- Many residents thought they owned the lake behind their $300,000 homes. They mowed up to the water line and chipped in yearly to treat the lake for algae blooms.

So it came as quite a shock Thursday when workers began erecting a 6-foot-high fence around the lake, obliterating their view.

For good measure, the workers painted a portion of the fence behind Alice Beehner's home bright pink and decorated it with sparkles.

"Isn't that atrocious?" Mrs. Beehner said Monday, pointing to the fence a few feet from her screened-in pool. "It's sickening!"

For 10 years the developer of their Tarpon Woods subdivision had let the taxes lapse on the 4-acre lake and a thin band of land around it.

A real estate speculator swooped in to purchase it for $1,000 at a delinquent tax sale in February. The speculator, 44-year-old Don Connolly of Valrico, now is offering to sell the land behind each of the homes for $30,000 per homeowner.

Residents ignored a letter from Connolly, trustee of the Lake Alice Land Trust that purchased the lake, offering to sell. Instead, someone took a couple of survey posts marking the property boundaries and threw them into the lake.

Connolly said that's when he decided to build the fence.

He started behind Beehner's meticulously landscaped property. The new fence separated her from two mature laurel oaks she planted shortly after moving into her home 17 years ago.


[Times photo: Jim Damaske] The fence behind the house of Alice Beehner, with dogs Beethoven and Bridgette, is pink with sparkles. Don Connolly says the color is to warn workers to stay away "because that person is very volatile and confronted us in the past."

"It's total extortion," Mrs. Beehner, 61, said Monday.

Connolly said he offered to sell the property to the homeowners as a courtesy.

"Is selling a piece of land extortion?" he said. "That doesn't make any sense to me."

He said he specializes in buying properties at tax sales. Records show he owns 50 properties in Pinellas County. Connolly said he owns 150 to 200 statewide.

"When people don't pay their taxes, this is what happens," he said. "I was willing to pay more than anyone else for this property. . . . The business we're in is unpleasant sometimes."

Connolly knows the consequences of failing to pay taxes.

Records show that in 1997 he was charged with failing to remit more than $100,000 worth of sales tax for an auto sales business he owned in Hillsborough County. Connolly blamed it on the company's accounting firm and said he reached a settlement with the state.

Because homeowners have rebuffed his offer, Connolly said, he now plans to develop two or three "executive" homes overlooking the lake. It might entail a dredge and fill project to move the lake a bit to the south, he said.

County officials said that would be difficult, if not impossible, to accomplish.

"He can't build on it unless he replaces the stormwater drainage," said Al Navaroli, a manager for the county's Development Review Services Department. "And pretty much all of it is stormwater drainage. . . . He's limited in what he can do."

But there's nothing to prevent Connolly from erecting the fence, Navaroli said, or painting it any color he chooses.

"I certainly see the man is trying to be obnoxious to his neighbors," Navaroli said. "But I don't see that he's violating any codes."

On Monday, the fence stretched across three of the 15 waterfront lots. He plans to extend it all the way around the lake.

"My intention is not to annoy anyone," he said.

As for painting the fence pink behind Mrs. Beehner's property, Connolly said, it was done to warn workers to stay away from that site "because that person is very volatile and confronted us in the past."

Connolly said he was shocked by the vitriol from some of the residents. The offer to sell small pieces of land to individual homeowners is off the table. Connolly said he is now negotiating with one homeowner interested in buying the entire 4.7-acre property.

He would not say how much he is asking. "I'm a reasonable man," Connolly said.

Mrs. Beehner warns the pink fence behind her property could be erected behind any number of homes in Pinellas.

"People need to be warned," she said. "This could happen in your back yard."

Connolly said he owns one other lake in Pinellas County.

But Navaroli said his office believes Connolly may own several properties that neighborhoods consider common areas. Navaroli said he warned the county property appraiser's office more than a year ago about the danger of taxing undevelopable lands, such as retention ponds, or selling those lands at tax sale.

"It's a pretty disgusting mess," said County Commissioner Susan Latvala. "We have to prevent this from happening again. That kind of property should not be for sale."

As for the Tarpon Woods lake, however, county officials said there may be nothing they can do to help the homeowners.

Some homeowners blame the developer, Lloyd Ferrentino for allowing the taxes to lapse. At the very least, some said, he should have notified the property owners so they could have tried to buy it. Ferrentino could not be reached Monday.

On Monday, Connolly's workers continued their fence-building, extending it behind the home of Peter Cieslinski. Cieslinski, 44, who was just released from active duty in the Navy a week ago, said he can't believe the county would allow someone to come in and take away his view of the alligators, turtles and wading birds.

"I look at it this way: There's the spirit of the law and the letter of the law," Cieslinski said. "The county is looking at this as the letter of the law. There's got to be a legal Latin term for "the law says this, but wait a minute, look at the extenuating circumstances.' "

Mrs. Beehner said neighbors plan to hire an attorney.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: property
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To: one_particular_harbour
Your access to easement theory on the view is valid. And probably the winner....

Ding, ding, ding, ding! We Have a winner!

And that is why you are my lawyer on these threads!

untill we disagree of course :-)

461 posted on 05/14/2002 9:25:11 AM PDT by Protagoras
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To: Southack
heh heh heh heh..... you pirate you....
462 posted on 05/14/2002 9:25:19 AM PDT by Lazamataz
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To: Roscoe
Anti-social behavior may lead to the development of corrective legislation. Pretty simple.

Do you think the lake owner is anti-social, or simply exercising his legal property rights?

463 posted on 05/14/2002 9:26:47 AM PDT by tacticalogic
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To: Cincinatus' Wife
Sounds like it's an AHOLE thing to do. Legal though. Private property means just that.
464 posted on 05/14/2002 9:26:50 AM PDT by Dan from Michigan
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Comment #465 Removed by Moderator

To: NativeNewYorker
No argument here.
466 posted on 05/14/2002 9:27:00 AM PDT by Labyrinthos
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To: ThomasJefferson
The thread has evolved to talk about this in terms of morality but all that matters in deciding what should be done about the situation at hand should be handled in terms of legality.

The owner who erected the fence broke no laws that I'm aware of. If he has then it's a different story. The only immorality I've seen in this thread comes from those who "playfully" say that if they lived there they'd take matters into their own hands. They are the sole perps of immorality and illegality here.

467 posted on 05/14/2002 9:27:38 AM PDT by sakic
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To: one_particular_harbour
IS their a Florida case or statute providing for a visual easement over your neighbors property? No such animal exists in Michigan.
468 posted on 05/14/2002 9:27:59 AM PDT by CharacterCounts
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Comment #469 Removed by Moderator

To: You are here
Being called silly by someone who defends the notion of taking the law into one's hands to take away a guy's legally erected fence on his own property ...

Put some ice on it. Repeating a Big Lie doesn't make it any more true.

470 posted on 05/14/2002 9:28:54 AM PDT by strela
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Comment #471 Removed by Moderator

To: strela
What Big Lie is he repeating?

He offered to sell the lake. The response from at least some of the residents was the destruction of his survey stakes. There was never any effort to engage in any discussion with the owner of the lake. And you come along advocating arson.

472 posted on 05/14/2002 9:31:09 AM PDT by Poohbah
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Comment #473 Removed by Moderator

Comment #474 Removed by Moderator

To: You are here
Then change how it is applied in your region. I have not seen them applied unjustly in my region.
475 posted on 05/14/2002 9:35:08 AM PDT by Lazamataz
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Comment #476 Removed by Moderator

Comment #477 Removed by Moderator

To: tacticalogic
Do you think the lake owner is anti-social

"For good measure, the workers painted a portion of the fence behind Alice Beehner's home bright pink and decorated it with sparkles."

The structure would appear to have been erected with the intent to damage the property values of adjoining owners. Such behavior, if legal, may lead to changes in the laws and regulations governing that area.

478 posted on 05/14/2002 9:37:45 AM PDT by Roscoe
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To: Boatlawyer
The county does not have a responsibility to review all of the homeowner/developer relationships underlying residential properties before issuing tax certificates that may eventually be redeemed for tax deeds.

Which is the underlying problem. Here we have a political matter which the county is not required/empowered to act upon. I would bet ten cents to a donut that some county offical was aware of this "opportunity" and passed on the information to a friend.

479 posted on 05/14/2002 9:37:58 AM PDT by RobbyS
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To: bvw
The water issue is true also in PA, I've heard it brought up before the local zoning boards. Still, it might be that a gully is usually a natural thing, and as long as it forms incidentally to other work and is not of great magnitude, it would be hard to press a case against the homeowner it forms on.

The matter of ease of prosecution is not the issue. I might be mistaken but I thought that you were advocating doing something to the property in question intentionally in order to cause harm to the ajoining property in retribution for his actions. Please disabuse me about that if I am mistaken.

480 posted on 05/14/2002 9:38:54 AM PDT by Protagoras
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