City of Sarasota wins appeal of Lido Beach renourishment lawsuit

SARASOTA – With work nearly complete on efforts to renourish Lido Key’s shoreline, the Second District Court of Appeals has shot down an appeal attempting to challenge the joint project between the U.S. Army Corps of Engineers and the city of Sarasota.  

The court issued the decision Wednesday against the Siesta Key Association and longtime resident Dave Patton. It joins a series of other failed procedural and legal efforts from Siesta Key residents who hoped to block the first-ever dredging of Big Pass.  

“The latest court ruling once again affirms that the city has complied with all appropriate regulations and state permits in moving forward with the critical Lido Beach renourishment project, which is now nearly complete,” said City Manager Marlon Brown.

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Lido Key’s shoreline had been eroding for decades. In an effort to address the problem, the city applied for a permit with the Florida Department of Environmental Protection to dredge Big Pass.  

The project, led by the U.S. Army Corps of Engineers and the city of Sarasota, called for dredging up to 710,000 cubic yards of sand from the pass to rebuild more than 1.5 miles of eroding Lido Key beach. Residents on Siesta Key strongly objected and led much of the resistance against the project.  

In 2017, the Siesta Key Association and Patton filed a lawsuit against the city under the Florida Environmental Protection Act of 1971. The complaint was filed in addition to the group’s appeal of a state decision to issue a permit for the project.  

The lawsuit contended that the proposed dredging violated the environmental chapter of Sarasota County’s comprehensive plan, which prohibits dredge-and-fill activities except to maintain previously dredged navigational channels or drainage canals.  

Because the Big Pass channel between Lido Key and Siesta Key had never been dredged, the lawsuit contended that the city’s joint project should have been subject to County Commission approval.  

A circuit court judge ruled in favor of the city and the Lido Key Residents’ Association, which had intervened in support of the city’s position. The judge held that the Siesta Key Association could not maintain a claim under the Florida Environmental Protection Act because the permit obtained for the project was valid.  

The city argued that to find otherwise would go against the plain language of state law and circumvent the state’s proprietary authority to control the use of sovereign submerged lands.  

The Second District Court of Appeals agreed, holding that “the statute’s plain language precludes such actions where the person or government agency sought to be enjoined is acting or conducting operations pursuant to a currently valid permit governing such operations, issued by the appropriate governmental authorities or agencies, and is complying with the requirements of said permits or certificates.” 

The Lido Beach renourishment project, which began last August, is expected to be completed in the next few weeks, according to city spokesman Jason Bartolone.  

The two new groins will be constructed by Earth Tech Enterprises of Fort Myers. The first was completed a few weeks ago. Work is underway on the second groin and expected to be finished as early as next week. The final week will be dedicated to cleanup. 

Big Pass is a popular route for boaters navigating between the Gulf of Mexico and Sarasota. The Lido Key Hurricane and Shoreline Damage Reduction project is one of the largest undertaken by the state.  

At a cost of $12.68 million, the project was funded 62% by federal money, 19% by state money and 19% by local money derived from bed taxes.  

The Lido Beach project is the start of a 50-year partnership between the city and the U.S. Army Corps of Engineers, with the purpose of providing protection for infrastructure, property and wildlife habitats. The previous Lido renourishment was a smaller emergency project in April 2019. 

Of the continued partnership, Brown said: “We look forward to continuing our long-term partnership with the U.S. Army Corps of Engineers and collaborating with the entire community to ensure the protection of the shoreline, properties and infrastructure on our barrier islands.”

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Timothy Fanning covers Sarasota government for the Herald-Tribune. Reach Timothy at tim.fanning@heraldtribune.com or on Twitter: @timothyjfanning. Support the Herald-Tribune by subscribing today.