SEBASTIAN — The operators of the former restaurant at Fisherman’s Landing Sebastian has filed suit against the City of Sebastian, Crab-E Bill’s Indian River Seafood, and the non-profit Fisherman’s Landing Sebastian group.
The restaurant operators allege the defendants wooed them to the property to make improvements to the site that went beyond the scope of what was allowed under the state-funded grant that made the working waterfront project a reality.
Attorney John Madden, of Stuart, has filed the suit on behalf of Fisherman’s Landing Restaurant, which was run by Debbie McManus and her family in late 2011, and is seeking more than $15,000 in damages – the threshold needed to get the lawsuit heard in Circuit Court.
Madden states in the lawsuit that the restaurant made more than $100,000 worth of improvements to the former Hurricane Harbor property, bringing in a commercial-grade kitchen, and paid thousands of dollars in rent.
“During the course of the build out, representatives of the City of Sebastian, (Fisherman’s Landing Sebastian), and (Crab-E Bill’s Indian River Seafood), often toured the premises and in fact, even made recommendations to (the restaurant) as to the build out and set up of the restaurant area,” the lawsuit reads.
City Attorney Robert Ginsburg told the Sebastian City Council about the lawsuit during its Wednesday evening meeting. He asked for the council’s permission to bring in outside counsel if need be to help craft and file a response to the lawsuit.
The city has until Aug. 6 to file its response – well before the next council meeting on Aug. 14.
Ginsburg had reached out to the Florida League of Cities first to see if that organization would be able to assist. He told the council that it could not.
“I’m not adverse to handling this litigation,” Ginsburg told the council, but explained that he could not predict how time consuming it might be. He said it would be best to have extra help available at the beginning of the case.
How much outside counsel could cost the city remains unknown and no funds have been budgeted.
City Manager Al Minner said it was possible the legal fees might have to come from the city’s reserve fund.
