Crane Island

The law suit against Nassau County for approving the large-scale development of Crane Island contrary to state and local law was held Monday and Tuesday and has been continued to Oct. 24, 10 a.m. in the Centre Street court house.

The two days saw intense legal sparring between a team of lawyers representing the developer -- The Amelia Island Company (aka the Plantation) – and the county attorney on one side and our lawyer on the other.

On Monday we presented as witnesses two officials of the Florida Dept. of Community affairs (DCA) – a section head and the DCA’s chief attorney – who testified to the main points of the case, that the state had required Nassau County to designate Crane Island as Conservation with an allowable density of one house per five acres (41 homes on the claimed acreage), to which the County had agreed in 1993. They also testified that every effort by the County to change the Conservation designation to allow greater density had been rejected by the DCA on the grounds that Crane Island was environmentally sensitive and should be protected. They also testified that the county’s backdoor approach to permit the construction of 169 homes and a 90-slip marina was in violation of state law and an improper use of the section of the Nassau comprehensive plan (the now infamous policy 1.09.03).

The two DCA officials were subject to a withering cross examination of about two hours each by the AIC attorney (Fred Franklin of the Towers Perin law firm and a former Duvall County Attorney) and Nassau County attorney Hallman, but was unable to shake their testimony.

On Tuesday morning, the plaintiffs called as an expert witness an urban and environmental planner who had been chief planner for Monroe County (the Florida Keys) and a division head at DCA. This witness confirmed everything the DCA officials had said and reported that her intensive investigation of state and county files turned up nothing that would change the position that Crane Island should be protected as conservation land. This witness was also subjected to a blistering cross examination by the defense attorneys of more than an hour, but her testimony remained unshaken.

A key issue arose concerning the county’s Future Land Use Map (FLUM) which is a part of the Comprehensive Plan. By the end of a day and a half of testimony and cross examination there were three FLUMs on the table: Our witnesses presented a map from DCA files that shows Crane Island designated as Conservation, as required by the 1993 agreement. The County and AIC attorneys presented a FLUM that showed Crane Island designated Wetlands. A third map, taken from the county’s GIS Web site (both in Oct. 2006 when the County Commission approved the Crane Island development and again on Monday night) that clearly shows the FLUM designation as Conservation. The dispute over which map is the “official” map raged throughout the two days. This issue will again come up on Oct. 24.

The map designation is critical to the AIC/Nassau County case. If the FLUM shows Crane Island to be designated Conservation, then the development can not be approved without DCA approval (a comprehensive plan amendment). But if the FLUM designation is Wetlands then the AIC/County position is they can change the zoning to residential because the island is not designated Conservation. A key question to be answered is: how and when was the Nassau FLUM changed to show Crane Island as Wetlands rather than Conservation and was that change approved by the DCA as required by law. Neither side has been able to provide any evidence that the change to Wetlands was ever approved. Based on evidence provided so far, the 1993 map from the DCA files is the only approved FLUM and that shows Crane Island to be designated Conservation just as the FLUm on the County’s GIS Web site (see attached).

The AIC/County defense is also continuing to claim that the plaintiffs – Eric Titcomb, Julie Ferreira and myself – lack “standing” or the right to bring the suit against the county. Twice the judge – Brian Davis – has ruled that we do have standing. But the AIC/County continues to challenge this and will attempt to break the three of us on cross-examination on Oct. 24.

To answer a common question: our suit is against Nassau County. The Amelia Island Company has joined the suit as “intervenors” and it is their attorney who has led the defense with the county attorney just saying, in effect, “me too.”

The public can attend the continuation of the trial on Oct. 24.

Robert M. Weintraub

The effort to stop the large-scale development of Crane Island will come to trial Oct. 6 and 7 in the Circuit Court on Centre Street in Fernandina Beach. The suit has received several positive boosts from Circuit Court Judge Brian Davis in the past year as several motions to dismiss the case brought by the Amelia Island Company’s attorney working on behalf of Nassau County have been denied.

The suit, brought by three members of the Nassau Sierra Group executive committee [formal approval for the Nassau Group to support the legal action came too late for the Sierra Club to be named as a plaintiff], is against Nassau County for illegally changing the comprehensive plan and future land use map (FLUM) in order to approve a planned unit development for Crane Island of 163 homes plus a 90-slip marina.

Crane Island is a small maritime forested island – a hammock with a number of large heritage oaks -- that lies between Amelia Island and the Intracoastal Waterway.

It dominates the view from the A1A bridge that is the primary access to Amelia Island. It has a colorful history: it was granted to freed slaves following the War Between the States and for many years its sole inhabitant was a woman who led a hermit’s existence, made her clothing from burlap, and kept intruders at bay with a gun. It passed to the current owners through a series of tax lien sales. It is surrounded by wetlands that are claimed by the current owner.

In the early 1990s, when Florida counties were required to create comprehensive plans and future land use maps, the state required that Crane Island be categorized as conservation/wetlands with a population density of one house for each five acres (43 houses). Ever since, the land owners and developers have tried to change that designation to residential, every time being denied by the State Department of Community Affairs (DCA). In 2006, the Nassau County Commission voted to change the comp plan and FLUM citing an obscure section of the comp plan.

The plaintiffs include Eric Titcombe, who for many years as environmental chairman of the Nassau Sierra Group has fought the zoning change; Robert Weintraub, also head of the East Nassau Homeowners’ Council, a community umbrella group, and Julie Ferreira, who is also a leader in the Concerned Friends of Fernandina. Three other plaintiffs have dropped out of the suit as a result of pressure and threats from the developer. The plaintiffs are represented by Ralf Brookes of Cape Coral, a land development attorney who has represented Sierra Club interests in the past.

The City of Fernandina Beach, named in the original complaint, has rescinded its approval of the memorandum of understanding between developers, the County and City that led to the illegal action, so the City is no longer involved.

But the developer – the Amelia Island Company (AIC) – is very much involved and has taken over the lead of the defense from the County. The AIC filed several motions to dismiss the suit. However, in a hearing with Judge Davis at the end of June, the AIC withdrew most of its objections. Since then, the AIC has challenged the right of the three plaintiffs to bring the suit saying they lack “standing,” in legal terminology they are not harmed more than the general population is harmed by the county’s action. In the spring of 2008, following another hearing, Judge Davis did rule that the three did have standing and a trial date was set.

A mediation effort will be made in September (as required by law) but it is unlikely there will be a settlement because the core of the issue is the county’s violation of the law.

Our suit’s focus is that a county cannot change its comprehensive plan and future land use map without state approval. The DCA told the County this in so many words in 2006, but the County Commissioners ignored this and improperly used the (now infamous) Section 1.09.03 of the comprehensive plan as a basis for doing so. We have a very strong case with solid court rulings as well as expert witnesses to support our contention that this was illegal.

The actions of the AIC and its attorneys are costly. The Friends of Crane Island Coalition has raised more than $20,000 so far with most of that already used for legal fees. We expect attorney fees and the costs of expert witnesses for the trial will require another $5,000. It is unfortunate that the public must spend this kind of money to assure that its elected officials obey the law. But, the way the law is set up, this is our only option. More fund raising events are being planned.

The stakes are high. If we cannot sustain the legal action the County, City and developers will know that the public does not have the heart to make a significant challenge to illegal actions and they will be free to do whatever they please. If we can persevere we can deliver an important lesson to elected officials. We’ve drawn a line in the sand. We must hold that line.

It has been over 50 years since the sheriff’s men sifted through the ashes of Alice Broadbent’s cabin on Crane Island. Little remains of the Broadbent family’s time on this small parcel of maritime forest. In fact, there are no dwellings or modern structures of any kind. The land is much as it was, with only the occasional interloper from a survey crew or developer’s tour to tromp along old paths.

Alice no longer guards the shore or frightens off passersby with her shotgun. Now, corporate jets land at the nearby airport to bring passengers to vacation on beautiful Amelia Island, heading for the Plantation or the Ritz Carlton. The visitors probably don’t know the little island they fly over once had a protectress to keep the marshes from being filled, to keep the old magnolias from being cleared away, and to keep the old tribes’ middens from being dug up to park pleasure boats.

Now the threat is not from poachers or trespassers, but from developers and attorneys who would not only like to build, but to increase the density six-fold. For many years, the Sierra Club-Nassau County Group has fought the overdevelopment of this environmentally unique and important little island. Recently, other groups have become interested and are lending their support to the defense of this property.

A coalition to protect this special place has been formed by representatives of Amelia Island Association, East Nassau Homeowners Council, the Concerned Friends of Fernandina, and the Amelia Pilots Association. The groups plan to organize members to attend meetings, track issues and, if necessary, bring legal action to prevent overdevelopment of Crane Island.

Please stay tuned and try to attend meetings: on Sept. 6^th Nassau Co. Planning Board; and on Sept.26, County Commission. Both are scheduled at the Yulee County Building.