Judge overrules beachfront deal - Conrad & Scherer

By LINDA TRISCHITTA
South Florida Sun-Sentinel

POMPANO BEACH

The city emerged victorious from a five-year legal battle when a judge found it had no binding contract with the developer of a multimillion-dollar beachfront condo project that included a new location for the International Swimming Hall of Fame.

"The city is extremely pleased with the outcome," said Mayor Lamar Fisher. "The city was confident in its position that there was no contract, and that it's behind us now."

On Friday, Senior Broward Circuit Judge Herbert Stettin ruled that draft agreements negotiated among the city, its Community Redevelopment Agency and developer Swerdlow Lightspeed Management Co. LLC and the International Swimming Hall of Fame were not signed or enforceable.

The judge, who heard evidence in a non-jury trial in December, also found that the site did not comply with Broward County's land use designations for building on barrier islands, and that the city could not circum vent county law.

"[The developer] tied that piece of property up in litigation for years and years and years," said William Scherer, of Conrad & Scherer, who represented the city and estimated that a loss in court could have cost Pompano Beach more than $150 million.

Swerdlow's attorney Maurice M. Garcia said he had just received the 33-page decision and could not yet comment. Swerdlow could not be reached for comment.

There were a lot of roadblocks to the project that was to include two condo towers, an Olympic swimming training center, a library, a fire station and parking. The court's judgment found that there were no letters of credit or other payments from Swerdlow, nor leases or agreements prepared.

Negotiations stalled over naming rights, whether city charter requirements for a commission resolution and ordinance to approve the contract had been fulfilled, and whether the Federal Aviation Administration would allow a pair of 300-unit high-ri ses on the beach.

The judge also found that approval was never obtained from Broward County for a Regional Activity Center designation, something the county barred on a barrier island site because of emergency evacuations, density and traffic.

In recent months, the city's CRA has hosted workshops that presented plans for the library, fire station, parking garage and a park. It also hopes to develop a beachfront restaurant at the base of the pier at 222 N. Pompano Beach Blvd.

"We can move forward now," said Fisher about Pompano's beautification goals for its northeast border. Whether Swerdlow appeals the decision or not, Fisher said, "Our city attorney has said he will move forward to recover legal fees."

Linda Trischitta can be reached at ljtrischitta@sun-sentinel.com or 054-356-4233.