By Mary Hladky
The Boca Raton City Council has rejected a special magistrate’s non-binding recommendation that would have cleared the way for a landowner to fill in largely submerged property along the Intracoastal Waterway so that it can be developed.
The case involves William Swaim, who has made many efforts in South Florida, including in Ocean Ridge, to reclaim submerged land. Such land has become attractive because almost all highly valuable waterfront property already has been developed.
Swaim acquired the 4-acre Boca Raton property at 3000 NE Eighth Ave. in 2019 and has said it would be worth $43 million if filled in for development.
In 2024, the city’s Public Works and Engineering director, Zachary Bihr, spotted a truck dumping fill material on the property — on the mainland side of the Intracoastal across from the south end of Spanish River Park — even though Swaim did not have permits to do so. He was issued a stop work order and a notice of city code violation.
Swaim then filed for permits to clear and fill in the property, according to case documents, but the city found many deficiencies in the permit applications.
Swaim asked for a special magistrate to hear the matter under the Florida Land Use and Environmental Dispute Resolution Act.
On May 16, Special Magistrate Mark Bentley, a Tampa attorney agreed to by both sides, concluded that the city had acted inappropriately. In two examples, the magistrate said the city had “effectively frustrated (Swaim’s) efforts” by not responding to his permit applications for more than 100 days after he filed for them and by “constant ‘moving the goalposts.’”
The magistrate determined that the city’s code enforcement order unreasonably burdened Swaim and recommended that the order be nullified, that the city issue the permits and, if it did not, that the city purchase the property at an amount based on the land being filled in.
In response, the city strenuously denied that it had done anything improper. The special magistrate’s conclusion that Swaim was unreasonably burdened was “based on numerous erroneous factual and legal conclusions,” its pleading states. In another instance, the city said the findings were “factually and legally incorrect.”
The matter landed before the City Council on June 10 when City Manager George Brown recommended that the city reject the special magistrate’s recommendation.
Swaim’s attorney, Hope Calhoun, argued against that action.
“This project owner just wants to get on developing his property and have the permits requested issued,” she said. “We are just trying to get this property to a space that can be developed as it should be.”
Swaim said the property was “high and dry” until the mid-1950s when the soil on it was illegally removed by a neighboring property owner.
Council member Andy Thomson suggested it might “make sense” to postpone the vote so that council members could meet in a closed-door executive session to discuss the matter and consider a settlement.
Council member Marc Wigder and Mayor Scott Singer were willing to hold an executive session, but wanted to proceed with a vote.
City Attorney Joshua Koehler said the council could vote and hold the executive session later.
The council rejected the special magistrate’s recommendation by a vote of 4-1, with Thomson dissenting.
Swaim and Calhoun did not respond to questions from The Coastal Star about what action Swaim might take in response.
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