News

By Dan Moffett
    
    Ocean Ridge commissioners and developer William Swaim have moved a step closer to clashing in court over access to the mangrove lagoon behind Town Hall.
    For months, Swaim has been trying to persuade the Town Commission to allow him an easement to property he wants to develop behind the building.
    Commissioners have steadfastly refused, saying before they discuss granting an easement, Swaim first would have to win permitting approval from state agencies and resolve access issues with the owners of lots next to his — prerequisites the developer has been unable to satisfy.
    In December, Swaim’s attorney, Alfred LaSorte, wrote Town Attorney Ken Spillias and demanded action on the developer’s request. LaSorte laid out three options for the town: Immediately allow the easement road that would run from A1A south of Town Hall, behind the building, west and north to the lagoon sites; agree to be bound by lawsuits Swaim’s Waterfront ICW Properties has filed against the other adjacent property owners; or, be named as a defendant in a lawsuit.
    Spillias told commissioners at the Jan. 4 town meeting that they should maintain their current position and take no action: “Do nothing further than that what you have already done.”
    Spillias said there were too many moving parts within Swaim’s multiple legal disputes to get involved now. “At this point in time, there are a number of unanswered factual issues in play,” he told commissioners, saying that an easement from the town “does not constitute the missing link to access” that might make action necessary.
    In other words, let Swaim settle his disagreements with everyone else. If he decides to sue Ocean Ridge, the town will defend itself then, Spillias said.
    And there are plenty of other disputes pending. In November, Swaim told Wellington Arms Condominium homeowners that property he owns includes submerged land in the lagoon that stretches up to the condos’ seawall. LaSorte has told Wellington Arms that the homeowners should remove their docks from the water or agree to an access deal with Swaim.
    Then there is Jeff Eder, who owns a house on North Ocean Boulevard north of Town Hall. Eder felt so strongly about the environmental sensitivity of the lagoon that he bought a lot between Swaim’s parcel and A1A to prevent him from developing. Eder has repeatedly denied Swaim’s requests for access.
    And there is the South Florida Water Management District. In May, an administrative law judge in Tallahassee sided with water district attorneys and cited environmental concerns and potential impediments to boaters as reasons for denying Swaim’s requests for a permit exemption that would allow his access road.
    Environmental activists and Swaim’s neighboring opponents say it would be a tragic loss of a pristine wetland to allow his plan to dredge and fill the lagoon for construction of a single-family home.
    Swaim has argued that engineers created the lagoon decades ago to control mosquitoes, and it should not be considered environmentally important. He said construction damage to mangroves would be minimal.