TAMPA — An appeals court ruling Wednesday allows a developer to seek millions in damages and legal fees from the city for unlawfully denying the company's 2004 plan for a Bayshore Boulevard condominium tower.
Tampa City Attorney Chip Fletcher said the city is evaluating its options and may appeal the decision to the Florida Supreme Court.
In 2005, the City Council blocked Citivest Construction Corp.'s proposal to build a 24-story condo tower at Bayshore Boulevard and DeSoto Avenue.
Citivest claimed the denial was unlawful, and a judge agreed months later. The ruling was upheld on appeal.
The City Council relented and approved a revised plan to build a 19-story tower.
The city's Architectural Review Commission also later approved the new plan.
Citivest attorney Scott McLaren said the project is stalled, but the company hopes it will go forward in the future.
After Citivest won in court, the firm sought millions in damages and legal fees from the city.
It lost an earlier round, but on Wednesday, the 2nd District Court of Appeal reversed that decision, clearing the way for Citivest to return to court.
Citivest "would have sold those condos and made a very nice sum on this project, but the city unlawfully denied it," McLaren said. This decision "entitles us to move forward and have our day in court."