A Siesta Key advocacy group and four residents have sued Sarasota County over its plan to trade a public beachfront parcel bought with restricted parkland money for three privately owned sandy lots, arguing the county has no legal authority to give away property purchased for preservation. The lawsuit, filed by Protect Siesta Key Inc. and residents John Phair, John Doherty, Mary Smarelli and Lourdes Ramirez, challenges the county's exchange of 162 Beach Road for land tied to a company called Siesta Beach Lots LLC.
The complaint, filed September 29 in the 12th Judicial Circuit Court, zeroes in on the county's 2017 purchase of 162 Beach Road for about $1.4 million using Neighborhood Parkland Program funds, according to mysuncoast.com. Plaintiffs argue that money came with strings attached and that the county cannot simply dispose of the land through a private settlement. Doherty and Smarelli live in Terrace East, roughly 250 feet from the parcel the county bought, while the Terrace East building itself sits about 60 feet from 162 Beach Road and about 5300 Ocean Boulevard.
What the Settlement Actually Trades Away
Under the approved agreement, Siesta Beach Lots LLC would receive ownership of 162 Beach Road, permission to build a house on the site, and an additional $400,000 in public money, according to the Miami Herald. In exchange, the county would receive three sandy beach lots — Lots 15, 16 and 17 of the Mira Mar Beach subdivision, totaling 30,195 square feet, as reported by the Herald-Tribune. Michael Holderness owns those three lots, along with several other parcels, through Siesta Beach Lots LLC.
Ramirez, who serves as president of Protect Siesta Key, said the public paid roughly $1.4 million in restricted parkland funds for 162 Beach Road, and that the county now wants to give that property to a developer, add $400,000 in public money, and accept lots previously valued at about $90,000 combined. The lawsuit alleges that in separate federal litigation, the county itself represented the three private lots as worth approximately $30,000 apiece. Those figures echo concerns raised by County Commissioner Mark Smith, who dissented from the commission's approval and argued the lots should be valued at closer to $38,000 each, warning the deal could set a troubling market price for roughly a dozen similar unbuildable beach lots, per the Herald-Tribune. The county's own property appraiser website currently values 162 Beach Road at more than $2.1 million.
Ownership and Public Trust Questions
Beyond the valuation dispute, the federal complaint referenced in the new lawsuit alleged the three private lots may be owned in whole or in part by a third party, and that they are subject to the public trust doctrine, meaning they could be largely incapable of lawful private development. Plaintiffs contend the county lacks legal authority to dispose of 162 Beach Road through this exchange and are asking the court to resolve the legal questions surrounding the deal. They also argue that while the Neighborhood Parkland Program and the Environmentally Sensitive Land Protection Program each allow the county to sell land through an outlined legal avenue, the county should be required to reimburse those funds when parkland-program property is sold — something the settlement with Siesta Beach Lots LLC does not address, according to the lawsuit. The plaintiffs are represented by Robert N. Hartsell of Hartsell Ozery, P.A.
The county's settlement with Siesta Beach Lots LLC resolved a federal lawsuit over public beach use near Siesta Key Beach Access 3. The Sarasota County Commission approved that settlement on a 4-1 vote, with Smith as the lone dissent, following Ramirez's earlier pledge that she would sue if commissioners went through with the exchange.
A Second Legal Fight After an Earlier Loss
This is not the first time Ramirez and Protect Siesta Key have taken the county to court over Beach Road. Circuit Judge Hunter S. Carroll ruled against Ramirez in a February case challenging the county's authority to sell land purchased with Neighborhood Park funds, dismissing that case after finding the plaintiffs lacked legal standing, as Suncoast Searchlight reported. The new complaint, filed with four named residents alongside the organization, appears structured to address that standing problem.
Ramirez has prevailed against the county before. She won a 2023 legal challenge involving the county's approval of increased hotel intensity on Siesta Key, with the court finding the county's actions inconsistent with its own comprehensive plan. The stakes on Siesta Key carry extra weight given the beach's national profile — Siesta Beach has been named the No. 1 beach in the country by U.S. News & World Report and has earned a spot on rankings of the world's best beaches.
Sarasota County's broader land-buying efforts, including the Neighborhood Parkland Program, have previously been framed by county officials as part of a long-term commitment to environmental preservation. Whether that commitment extends to 162 Beach Road now rests with the 12th Judicial Circuit Court, as the new lawsuit asks a judge to sort out who actually has the authority to decide the parcel's fate.
