Bradenton Beach Faces Lawsuit Over Denied Resort Parking Request
The city of Bradenton Beach is facing a legal challenge from the owner of Bungalow Beach Resort after commissioners rejected a request to reinstate paid parking through a resort pass system.
Gayle Luper, who has operated the beachfront resort since 1999, filed a lawsuit on April 25, claiming the city unlawfully denied her the ability to generate income while rebuilding parts of the property damaged by hurricanes Helene and Milton. Although the storms destroyed several historic bungalows, Luper continued limited operations using a duplex and single-family unit and began accepting reservations at off-site locations.
Following parking lot repairs, Luper applied for a temporary use permit that included reinstating a resort pass system, allowing paying guests access to amenities such as beach access and on-site parking. City planner Luis Serna recommended denial of the request during an April 17 quasijudicial hearing, citing R-3 residential zoning restrictions that prohibit standalone or commercial parking uses and raised public safety concerns. The city commission followed that recommendation, approving only a limited permit to support ongoing resort reconstruction, excluding paid parking.
Luper’s attorney, Stephanie Anthony, argued that the resort pass model is a standard hospitality practice and is necessary for the business’s financial stability. She said the property had historically charged a resort fee, including parking access.
The lawsuit, filed by attorney John A. Anthony in the 12th Judicial Circuit Court, alleges the city violated Luper’s long-established property use rights and denied her due process. It seeks an injunction to lift the parking restrictions and allow the resort pass system to resume.
City attorney Ricinda Perry briefed commissioners on the lawsuit during their May 1 meeting, stating that Circuit Judge Edward Nicholas is overseeing the case and recently denied the plaintiff’s emergency motion to expedite a ruling, allowing the city additional time to respond.
Perry added that city clerk Terri Sanclemente contacted the Florida League of Cities, which may help cover up to 50% of the city’s legal expenses related to the litigation.
Luper maintains she intends to fully restore the resort and rebuild the bungalows lost in the storms.
Photo Credit: Robert Anderson