Today, PNS Hotel Group, Ltd. filed suit against the City of Pensacola concerning the recent lease of airport property given to Sandspur Development. The partners in PNS Hotel Group, Ltd. are Darryl Lapointe, Bob Cleveland, Dave Cleveland, Jim Cronley, Tony Terhaar, and John Connell. The group owns and manages hotels currently operating near the airport, including the Hampton Inn, the Homewood Suites, and the Hilton Garden Inn (currently under construction).
In a press release to the media, Dave Cleveland says, “As our legal research has revealed, we believe the City failed to adhere to some basic constitutional requirements when they decided to allow the use of public property for private profit. This lawsuit requests the Court to declare the Lease to be in violation of Florida Statutes and the Florida Constitution.”
Essentially, the lawsuit alleges the following:
• The duration and term of the Agreement are in excess of legal allowances.
• The City failed to provide the required public hearings and notices to allow public input.
• The Lease constitutes illegal contract zoning which obligates the City to approve automatically any of the future development plans of Sandspur Development, LLC.
• The City has provided for an unconstitutional conveyance of public funds and financial support o a private business, with no paramount public purpose.
• The City has violated its own written policies regarding the leasing of airport property.
• The Agreement provides for the illegal special private use of public property, regarding the placement of directional signage to a privately owned hotel, throughout the airline terminal facility.
• The City, by and through its designated staff, has acted either fraudulently, arbitrarily, illegally, or dishonestly in negotiating the Lease and Development Agreement, and hastily submitting it for approval, despite serious errors, misstatements, miscalculations, and amendments.
Press release:
statement-for-the-press-on-jan-7-2009