Sarasota News Leader

02/14/2014

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a TCO or Certificate of Occupancy ("CO") — so it can generate the revenue necessary to complete construction on its premises." The response adds, "Bob's Boathouse seeks the extraordinary remedy of a preliminary injunction from this Court because of a self-made hardship — lack of money — to complete construction." It continues, "Essentially, Bob's Boathouse asks this Court to supervise and micromanage the discretionary functions of the County's Building Official in the absence of an allega- tion of a violation of a specific constitutional provision or law. Florida case law repeatedly warns against such incursions because of the separation of powers doctrine." The response further points out that the coun- ty's Building Official denied the extension of the TCO because the punch list had not been completed in spite of Bob's Boathouse "being given a full and fair opportunity to do so. After more than three years time, Bob's Boathouse still has not completed construction." The response explains that the Bob's Boathouse site formerly was the location of a car dealership and that the business leases the property from the Royal-Oldsmobile-GMC Trucks Co. According to one of the exhibits in the response, the lease calls for the business to pay annual rent of $330,000 for five years. If the owners choose to renew the lease after that period, the annual rent would be adjusted by the Consumer Price Index. The tenant identified in that lease is The Best Restaurant on 41 LLC, with Terry D. Dyer and Thomas J. LeFevre having signed the document as man- aging members. Dyer's address was given as the restaurant's address: 5515 S. Tamiami Trail in Sarasota, while LeFevre's was listed in Roseville, MI. LeFevre has been represented The South Trail Church of Christ (right) is visible just south of the site of Bob's Boathouse. File photo Sarasota News Leader February 14, 2014 Page 60

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