SEBASTIAN — The lawsuit between Fisherman’s Landing Restaurant and the City of Sebastian has been settled for $18,000 after about two years.
The Sebastian City Council unanimously approved a settlement agreement to end the lawsuit brought against the City by Fisherman’s Landing Restaurant LLC back in 2013. At that time, the plaintiff had sued the City for $200,000, but the Plaintiff’s attorney ultimately accepted the City’s offer of $18,000.
Restaurant owner Debbie McManus had alleged that the defendants “wooed them” to the property to make improvements that went beyond the scope of what was allowed under the state-funded Working Waterfront Grant.
The suit sought damages, stating that the restaurant made more than $100,000 worth of improvements to the former Hurricane Harbor property on Indian River Drive, including a commercial-grade kitchen, and also paid thousands of dollars in rent.
Although the grant documents clearly stated that the “eatery” was to be limited in scope, a place for visitors to get simple beverages and snacks such as sandwiches from locally caught fish, a small, convenient aspect meant to enhance the overall Working Waterfront project, it opened as a full service restaurant, with seating inside and out, full service bar and entertainment.
Found to be in clear violation of the grant parameters, the restaurant was forced to comply or cease operations.
McManus closed the restaurant.
According to the original lawsuit, “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.”
In December 2013, a judge granted a motion by the City to dismiss the lawsuit, but gave the plaintiffs the opportunity to file amended charges, which they did, stating that the plaintiff added value to the site, and that it is unfair for the City of Sebastian to retain that value; and that the plaintiff should have been advised as to what their responsibilities were.
With the plaintiff’s acceptance of the City’s offer filed in Circuit Court May 1, 2015, the case can finally be put to rest.
