Sun-Sentinel 02/05/06

We would like to thank Daniella Aird for her continued reporting on Coral Lake.

-------------------- Lawsuits filed over rezoning --------------------

Creek residents forced out of mobile homes

By DANIELLA AIRD
STAFF WRITER

Two residents have filed separate lawsuits challenging Coconut Creek's rezoning of the Coral Lake Mobile Home Park, which is forcing them and their neighbors to find new homes.

Commissioners rezoned the 29 acres at Wiles and Lyons roads in June to make way for construction of 244 town homes and 56 condominiums. Coral Lake residents have until the end of April to find other homes.

Janice Ellery and Aaron Vantrease filed lawsuits in federal and state courts, respectively.

Ellery, 48, a psychologist who has lived at Coral Lake for four years, says the city violated her First Amendment rights by voting to revoke money set aside for a housing relocation fund if any resident challenged the zoning decision in court. Developer Wood Partners established the fund totaling $900,000 to assist residents of which the city contributed $200,000, according to the lawsuit.

Ellery said commissioners unfairly tried to prevent residents from fighting the zoning decision.

"We need to make the city accountable for their decision to interfere with our constitutional rights," she said. "The government has uncontrolled power and no checks and balances."

Her attorney, Robert Weisberg, said the litigation caveat was "used as a tool to deter and intimidate residents from filing andy decisions to the zoning decision.

"It's wrong for government to do this," he said.

Mayor Marilyn Gerber said city officials agreed to contribute to the fund by reducing fines for code violations totaling $450,000 against the park owner. City officials reduced the fines by $200,000 and put the money in the relocation fund.

But faced with the residents' lawsuits, the city reduced its contribution by $100,000, Gerber said.

"We decided that with two pending lawsuits, we couldn't afford to reduce the fine if we have legal expenses," she said.

Vantrease's suit claims city officials did not provide enough sites for residents to relocate. A circuit judge ruled against him in October but he is appealing.

Vantrease could not be reached for comment. His attorney, Janet Riley of Legal Aid Services of Broward COunty, said Coconut Creek failed to provide suitable alternatives because other mobile home parks will not accept older units and other housing is too expensive for Coral Lake residents.

"Basically, the spaces aren't available," she said. "A lot of these folks are a fixed income."

Gerber said city officals hired an expert to locate alternative sites.

"As far as I was concerned, we met the standard," she said. "There were enough places."

Gerber likened the Coral Lake residents' plight to apartment renters whose buildings are converted to condominiums.

"Renting a place is a temporary kind of thing," she said. "A lot of renters are having to move. I feel sorry for [Coral Lake] residents. I sympathize with them, but a property owner has the right to do certain things."

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Daniella Aird can be reached at daird@sun-sentinel.com or 954-572-2024.