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In a case of "divide and conquer", developers of the former Jabours Trailer Park bought out the nearby property owners who filed the appeal.  "Decadent and luxurious" (the developers' words) to replace affordable and small-island-sized once again.  Next stop: Key West's Planning Board.  From the December 15 Key West Citizen:

Watermark appeal ends with buyout

BY TIMOTHY O'HARA

Citizen Staff

KEY WEST — A legal showdown over the controversial Watermark development in the Key West Bight was unexpectedly derailed Tuesday, when two nearby residents dropped their legal challenges after the project developers agreed to buy their homes.

Both men said they decided to sell and drop the case because they knew "the railroad" was coming to town — and the tracks would be right in front of their homes.

Bight area residents Bill Barry and Gary Lichtenstein had filed separate appeals with the city, challenging the Historical Architectural Review Commission approval of a posh 26-unit condominium complex in the location long occupied by Jabour's Trailer Court.

The two recently approached the developers and asked them to buy their homes, said Everett Atwell Jr., a developer of the project. A day before the group was supposed to go before a city special magistrate, the developers agreed to buy the two homes.

Barry and Lichtenstein announced at Tuesday's hearing that they were dropping their appeals. Their lawyers, Lee Rohe and Bob Goldman, said they were not part of the negotiations.

Goldman asked for a recess in order to obtain a written an agreement for Lichtenstein, but Lichtenstein refused, Goldman said. Barry said he decided last summer to sell his home, months before he filed the appeal.

The bight "has changed dramatically," Barry said. "I made the only decision I thought I could. I wish the others [fighting the project] the best in their endeavors."

Developers said they offered a deal to four other vocal opponents of the project, Barbara Bowers, Shirley Freeman and Bill and Sheila Rowan. The developers told the four that they would not allow the owners of the condos to rent them out to tourists, if the group would not publicly oppose the project. The four declined, the developers said. Freeman contends the offer was changed.

"I'm bitterly disappointed," Freeman said. "They bought them out with offers they couldn't refuse .... I thought the transient use offer was a go, too, but it wasn't. It was the old bait- and-switch."

Atwell calls the purchase of the two homes a "good investment."

"Investment in property in Key West is always a good deal," Atwell said. "They approached us in both cases and we thought it was a good deal."

Lichtenstein and Barry would not disclose their selling prices, but said they were fair market value. The Monroe County Property Appraiser's Office assessed Lichtenstein's property, a condominium unit, at $261,000 and Barry's at $875,475. Properties almost always fetch more on the open market than their assessments for tax purposes.

The project has been delayed for months, costing developers thousands of dollars, as neighbors have appealed city decisions and challenged the project in court. Two groups of neighbors have filed lawsuits challenging the project. It is next scheduled to go before the city Planning Board.

The developers, Caroline Street Partners, plan to build spacious two-bedroom, two-bathroom condominiums. The complex will feature a day spa and other amenities that give guests a "decadent" and "luxurious" experience, a Watermark sales brochure states.

Opponents of the project say the proposal is out scale and character with the rest of the neighborhood. Supporters say the new project would be nicer than the old trailers and recreational vehicles parked at what used to be the Jabour's trailer court.

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