JACKSONVILLE, Fla. – It was a victory for residents who protested plans to build on an old Kmart site in Neptune Beach.
On Monday, a judge ruled against Neptune Beach Realty, after hearing arguments from the property owner and the city.
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The property owner of the old Kmart site at Atlantic Boulevard and Third Street filed a lawsuit against the city in September after the city shut down the property owner's plan to build apartments and a hotel. The suit claims the property owner was denied due process.
DOCUMENT: Order denying petition from property owner
After hearing arguments from the property owner and the city in court on April 16, a judge on Monday ruled that was not the case, saying the court found the city followed the essential requirements of the law.
The developer’s request for a zoning exception was first denied by the Community Development Board, and then by the City Council. The Neptune Beach City Council’s consideration of that request was under what’s called quasi-judicial rules, which sets some legal standards by which the council must act.
Many residents had been pushing against the residential part of the development for several months, with their biggest concern being a sudden spike in population and traffic.