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.
Naw, man. You and I might disagree stridently on any number of issues, but we do so in a logical fashion devoid of the excessive hyperventilation I am observing our friend "You are here" engaging in. :o) See you around later on....
(I can almost hear the vein on his head throbbing)... :o)
Quickly -- I really GOTTA go -- I would send any politician who has engaged in the abuse of Eminent Domain to enrich himself or his cronies to jail for a very long time. In fact, I think I would go further -- amend Eminent Domain, by an Amendment to the Bill of Rights, to forbid the resale from the government once the property has been condemned, for a period not under 20 years. That way no one could have property condemned to (profitably) build a strip mall or hotel.
Eminent Domain is an important part of the American Legal landscape, but its use should be restricted to publics-works projects only.
Me either
I said fraud in earlier post changed it to deprive them of what they thought they had in following post
Sorry, I didn't catch the retraction. My bad.
I agree with poster who said thought is the operative word sure they don't have a legal right to stand on if you all think this is a fine thing this guy did, fine with me
I have said several times on this thread that I think the guy is a swine, but if you missed that we are even.
I think it's making money by cheating
I have to ask you what exactly you think constituted his "cheating"? I fail to see it. I see a man taking advantage of dumb people. I think that is morally wrong. The rest is just feelings taking over logic and I hate the use of force to rectify the situation. He used neither force nor fraud. They will have to use force to fix it your way. Two wrongs........
I define personal responsibility as not infringing on the rights of others
It's one responsibility, but not very realistic to think you don't have to be careful in a world with much evil in it.
Love TJ
It's the second time on one thread today that one of the same crowd lied and then when called on it slinked away. They are nothing if not consistent.
Looks like I'm supposed to feel sorry for some greedy chad-eaters who threw a tantrum because the new owner didn't let them have the same freebie the old owner let them have. Looks like I'm not gonna feel sorry for them.
Hardly an answer to the hypothetical question I asked you. I love how you're personifying the homeowners who got the short end of the stick as "greedy chad-eaters who threw a tantrum," too.An answer to my question, or no?
Nice try dude, but you are the one who turns every thread into a hate thread by twisting things around to some mythical libertarian problem.
Trying to look the savior of site isn't going to work, your crap is old around here and everyone knows it.
By the way, I never attacked the forum owner and you are a freakin liar about that as well.
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