The Newscaster/Nature Coast News
PAGE 11 - December 16, 2009
Yankeetown Mayor’s Report
Editorial - Opinion - Commentary
A Guest Commentary by Dawn Clary
Yankeetown Marina Lawsuit and Results
The December regular meeting of the Town Council had a very full agenda and was at-
tended by the Town Assistant Attorney Ralf Brooks. The Council made several important
Guest Commentary By Ed Oesterle
decisions.
Back in the later part of 2004 and early months of 2005, many different people had
Extending the Commercial Moratorium - The present moratorium on commercial build-
approached me about purchasing the Yankeetown Marina property. The conversations all
ing is due to expire in January 2010. However the Comprehensive Plan work has taken
started out the same and continued until the interested party started talking about develop-
longer than expected and is still in limbo until the Department of Community Affairs acts
ment of the property (or what I thought would be “over development” of the property).
upon the recommendation of the administrative hearing judge to approve our amendment.
Most of these prospective buyers were developers and all wanted to build large scale proj-
Council decided to proceed with hearings to continue the moratorium further into next year.
ects that I felt would not fit in with the Yankeetown atmosphere.
It could still be revisited every month and ended as soon as possible. Hearings will be held
So I would cut the conversation short and bid them good day.
in January. Again I remind everyone that the moratorium does not apply to residential.
Then one day in March 2005, a man approached me and asked if I would be inter-
Izaak Walton Investors Settlement Agreements - Two settlement agreements went before
ested in selling the marina. He presented himself nicely and talked of keeping the marina as
the council concerning IWI and Forum Architects. Settlement offers are explored in at-
it was and maybe adding a few fishing cabins and maybe a small restaurant. I agreed with
tempts to resolve the issues without going to court. One concerned the town’s challenge to
him as I have always wanted to do the same with the property but could not accumulate the
the DEP’s permitting of IWI’s waste water treatment plant. The agreement offer involved
funds to do so.
making changes to the amount of effluent disposal from the proposed plant. The Council
We continued talking for several days and then he made me an offer. After a few
rejected this offer. The second settlement agreement, frequently referred to as the global
more days we finally agreed on a price and date for the sale of the property. Next he ap-
settlement agreement, dealt with zoning decisions made by former Zoning Official Rebecca
proached me with a contract. This contract was full of some of the craziest things I have ever
Jetton on IWI waterfront project which essentially stretched from Yankeetown Marine to
read in my life. I went through the contract with my father and we discarded about 40% of
the Izaak Walton Lodge. The offer sought to get a second zoning opinion and implied that it
the nonsense written within.
could avoid litigation. The council rejected this offer also. No representative from IWI spoke
Back and forth the contract went until we finally agreed on a set deal and signed the contract
to the council on either issue.
on May 9th 2005.
Ballot Questions - The council voted to proceed with hearings on several ballot questions
The sale of the property was to be completed in full on September 30th 2005 with
for the February election. A question is proposed to amend the town charter concerning the
no extensions of time provided.
disparity created when we moved the election from October to February and didn’t properly
My first sign of deceit came in the first letter received from this man in August, he
refer to whether a year is odd or even. A question is proposed to eliminate referendums on
claimed that I was not giving him “Deliverables” yet when asked what he needed he just
state required amendments to the Comp Plan other than the Future Land Use Element. An-
kept using the word “Deliverables” I was very confused as I had given this man everything
other question would eliminate referendums on amendments or annual updates on the Capi-
he had requested.
tol Improvements element. Also proposed is whether or not swimming should be allowed
We exchanged letters back and forth to no avail. In mid August I started hearing
at the town’s Winding River Park. All these questions will go to a hearing prior to the final
stories about other properties being sold along the river leading up to my property.
placement on the ballot. Good Night and Good Luck, Dawn Marie Clary Mayor.
When I questioned this man on the phone he said yes it was him buying the proper-
Squawk Box Continued from page 1
ties. At that point it hit me and I asked him what his plans were for the properties? He said
condos.
‚“Don’t be such a grinch”, she says. ‚“It’s not that far off the ground and besides, the fire
I asked him why he lied to me from the beginning and his answer was “If I had told
station is only a block away if you do fall.” That fact was of little comfort to me. If I were
you the truth, you would not have sold me the property”.
to do a header off that roof I would be a goner for sure.
Well, he got me… I was now stuck in a contract with a liar and the contract had a clause in
The lights are in place now and the house is fully decorated. We are ready for Christ-
it that would not allow me to discuss my situation with anybody. I felt like such a fool, and
mas and our stockings are hung in the usual place. I can hardly wait to see what Santa
nothing I could do about it.
puts in mine this year but if it is homemade cookies or fudge I will slip a taste to the cats
In the beginning of September 2005 I received a call from this man while I was on
before I indulge. If they are still standing an hour or so later I will feel alright eating the
my way to the hospital to visit my Mother. He asked for more time to close on the property,
goodies. Merry Christmas everyone! This Squawk Box Encore was originally published
I told him, by the rules of the contract we could not discuss matters of the contract over the
in Deceember 2005 in The Newscaster.
telephone and he would need to send me any questions via registered mail. On September
20th I received such a letter from him wanting more time to close on the property.
PRIME CORNER COMMERCIAL LOT
I immediately sent a letter back to him telling him I will not allow more time as it
with over 250 foot frontage on 19 and over 370
was not part of the contract and I would be expecting a closure on the property on September
feet on Inglis Avenue. 1370 sq ft building with
30th as the contract stated.
one office 20x14 and another 12x9 and 26x28
He did not show up for the closing (heck he never even made the appointment with
garage parking with 12.6 foot high ceilings and
the realtors office) anyhow the next thing that happened was a big town meeting at the Yan-
2 roll up doors, fenced. Zoned C-1 commercial
keetown school. And the rest is pretty much public notice.
makes it available for many purposes. Offered
He or “they now” next filed a lawsuit against me over the property deal and in the
at $225,000
meantime filed several more lawsuits against anyone and everyone that stood up against
GOING GREEN? Check out this 3 bedroom 2 bath
them. I could go on and on but I am here to tell you my story. So after 4 years of my life
home with beautiful lanai. Built with poly steel con-
wasted and the death of both of my parents, this is the outcome of the lawsuit.
struction, Other features are split bedroom, cathedral
Here a a few peices of information from the Judges’ final judgment, it is public in-
ceilings, specially designed master bath, custom ce-
formation, if you wish to read the entire judgment you can get a copy from the Levy county
ment/marble/granite countertops and window sills,
courthouse case No. 38-2006-CA-0243.
all located on 3 platted lots in Inglis. Call for more
GENERAL FINDINGS: After hearing witness testimony, which included the presentation
information.
of the exhibits entered into evidence at trial and described below, and after weighing the evi-
Diamond Investments, Inc.
352-447-4442
dence and credibility of the witnesses, the court enters judgment in favor of the Defendants
Darryl A. Diamond
(Ed Oesterle)
Licensed Real Estate Broker
COUNT 1: Breach of Contract Evidence indicates that the Defendant (Ed Oesterle) com-
Call Shirley at 352 400-0301
Real Estate Investment Consultant
Darryl & Vicki Diamond & Shirley
plied with the diliverables provision of the contract” ”Furthermore, the evidence admitted
www.diamondhomesandland.com
“The Diamond Team”
Continued on page 12 - Yankeetown Marina Lawsuit Results
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