By Jane Smith
Bakery owner Billy Himmelrich’s lawsuit against Delray Beach has moved to an appeal court since a circuit judge denied his motion on June 24 to reopen the case.
Himmelrich and business partner David Hosokawa had asked the judge to reconsider their claim under the Bert Harris Act, which protects property rights.
The partners say when the city created a three-story height cap for downtown properties in early 2015, Delray Beach limited what they could build on their four parcels, according to their May 6 rehearing motion. They own two parking lots and two buildings, just east of the Old School Square grounds.
They were not notified in writing, as the Bert Harris Act requires. Himmelrich, though, did attend the zoning hearings.
They are seeking $6.9 million in damages.
Judge Jaimie Goodman agreed with the city that Himmelrich and his partner first needed to file a formal plan with Delray Beach. Goodman made his ruling without prejudice, allowing the partners to make a claim when they file a plan.
The partners had sued Delray Beach in May 2018 to be able to build four stories on their parcels.
While the partners were waiting for Goodman’s decision on the rehearing, they appealed their loss to the Fourth District Court of Appeal.