Belleair Beach prepares to join fight over Belleair Shore beach boundary

BELLEAIR BEACH — The city is preparing to wade into the legal battle over Belleair Shore's continued efforts to eliminate a longstanding beach boundary separating public and private property along the shoreline.

Belleair Shore has until Aug. 7 to appeal the state's denial of its petition to remove the so-called erosion control line, or ECL, which the town commission authorized on July 21.

At the Aug. 3 City Council meeting, officials said they will decide whether Belleair Beach should formally intervene after reviewing the town's planned administrative appeal.

"We don't know what it's going to say," City Attorney Thomas Trask said of the filing. "And so we need to see that before we take any action."

Trask told council members his Clearwater firm, Trask Daigneault, has experience handling erosion control line litigation and could represent the city before the state Division of Administrative Hearings.

Council members agreed to have City Manager Kyle Riefler work with legal counsel after the appeal is submitted, while leaving open the possibility of retaining additional outside counsel if needed.

The discussion came after attorney and former Belleair Beach Mayor Joseph Manzo was said to have declined the city's request to represent it. Manzo has been representing a group of Belleair Beach residents opposing Belleair Shore's push to remove the ECL.

Council members also discussed other attorneys experienced in coastal litigation, but acknowledged there was little time before Belleair Shore's filing deadline.

During citizen comments, resident Debra Maul accused the council of not wanting to "poke the bear” when dealing with neighboring Belleair Shore.

"They have every intention of keeping us from using the beach as much as possible," she said. "Many of our residents are asking a simple question: At what point do we stop accommodating Belleair Shore and start advocating for Belleair Beach?"

Maul said a group of nearly 200 homeowners has raised more than $5,000 — with another $10,000 pledged — to fight Belleair Shore's efforts.

Near the end of the meeting, council member Todd Harper commended residents who organized opposition to the town's petition, saying their efforts had been effective.

Belleair Shore argues the ECL, established in 1997, was improperly recorded and unlawfully restricts the property rights of beachfront owners.

The town of 57 Gulf-front homes contends the boundary should be vacated because the beach nourishment project associated with its creation was never carried out within its municipal limits.

The Florida Department of Environmental Protection rejected those arguments in June. The agency ruled that the Sand Key nourishment project was begun and completed within the timeframe required by law and, thus, the ECL remains valid.

The agency also concluded state law does not authorize vacating only the Belleair Shore portion of the ECL.