Article Courtesy of The Brevard Times
Published August 23, 2017
COCOA BEACH, Florida - A condominium association has
filed a lawsuit against the City of Cocoa Beach for granting a variance to
allow amusement park rides installed at the Cocoa Beach Pier.
According to the lawsuit, the City's
grant of the variance was unlawful because the variance
application was made by David Siegel personally rather than
properly listing Westgate Cocoa Beach Pier, LLC as the owner
of the property seeking the variance in the application.
The lawsuit further alleges that the City failed to hold two
advertised public hearings prior to granting the variance in
violation of Florida Statue Section 166.041(3)(c).
Ola Grande Condominiums, which is less than 300 feet from
the Cocoa Beach Pier, is asking in its lawsuit that a
Circuit Court judge declare the variance void from the start
because the City failed to comply with the essential
requirements of the law.
The lawsuit is also asking that the judge enter an
injunction prohibiting the installation of the amusement
park rides at the Cocoa Beach Pier.