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St. Petersburg Times, February 13, 2009

Judge ponders challenge to St. Pete Beach plan

By Sheila Mullane Estrada, Times Correspondent

ST. PETE BEACH � It took more than 12 hours over two days, but the city still does not know if its voter-approved comprehensive plan can go forward.

A special state hearing, conducted Tuesday and Wednesday at City Hall by administrative law Judge Donald R. Alexander, reviewed a challenge to the plan by Dr. William Pyle, a resident who also has filed several related lawsuits.

Pyle challenged the plan after the state Department of Community Affairs indicated it was prepared to allow the plan to go into effect. The comprehensive plan was approved by voters in 2008.

Pyle is a major financial supporter of Citizens for Responsible Growth, a political action group that opposed the changes to the city's land use plan proposed by another political action group, Save Our Little Village.

Alexander said it could be a month before he rules on Pyle's challenge.

City Manager Mike Bonfield said it is not clear what will happen if the ruling favors Pyle.

"We will just have to wait and see what the outcome is and then decide where to go from there," Bonfield said Friday.

Alexander's ruling can be appealed by either side, he said. Even if the ruling favors the city, it is unlikely to halt the series of lawsuits filed by Pyle and others to stop the plan, Bonfield said.

If the comprehensive plan is found deficient as the result of the hearing or lawsuits, Bonfield also said it is not clear whether the city could simply amend the plan and resubmit it to the DCA or whether a new plan must first be submitted to voters.

During the hearing, three attorneys � Ross Burnaman for Pyle, Suzanne Van Wyk for the city and Robert Lincoln for SOLV � took turns questioning a number of witnesses, including Pyle, Bonfield and director of community development Karl Holley.

The legal dispute centers on one of three ordinances approved by voters that Burnaman said failed to meet state laws and regulations for comprehensive plans.

Bonfield thinks St. Pete Beach is the only city in Florida that requires voter approval of any change to its comprehensive plan. Other cities may require more limited voter approval of building height or density changes.

The city's broader requirement for voter approval is the result of a 2006 voter-approved charter change sponsored by CRG.