Four developers are suing Sarasota County after commissioners voted to block their housing projects under Florida's Live Local Act, putting more than 4,000 proposed apartment units in legal limbo.

Lawsuits allege commissioners violated state law

The lawsuits, all filed in Sarasota County Circuit Court before Judge Hunter W. Carroll, allege commissioners violated state law on April 7 when they voted unanimously to exclude two zoning categories from the Live Local Act's streamlined approval process. Two of the suits name all five commissioners as personal defendants.

County Attorney Joshua Moye had warned against the move. In an April 3 memo, Moye told commissioners that excluding the Open Use and Residential Estate One (OU-1 and RE-1) zoning districts could expose the county to litigation and legal fees, according to court documents cited by the Business Observer.

Commissioners went ahead anyway. Commissioner Mark Smith said at the April 7 meeting, according to the lawsuits, "I would rather be on the side of our citizens than on the side of the development community."

A 2025 amendment broadened the law's reach

Florida's Live Local Act lets developers bypass standard review in areas zoned for commercial, industrial or mixed use. To qualify, 40% of units must be set aside for renters earning at or below 120% of the area median income. A 2025 amendment broadened the law to apply wherever a commercial use is permitted by right, regardless of how a zoning district is labeled.

That change opened the door for developers to argue Live Local applies in Sarasota County's open-use and residential-estate zones, according to former county assistant attorney Susan Schoettle, who spoke at a Council of Neighborhood Associations meeting covered by the Venice Sun.

Four projects span the county

The four projects span the county. New Pope Holdco III LLC, led by Sarasota real estate broker Keith Pope, wants to build 2,250 units on 206.5 acres at 421 Tatum Road. Sitc Inc., controlled by Lakewood Ranch construction executive Jack Cox, proposes 540 apartments east of Interstate 75 off Fruitville Road. D.R. Horton seeks 864 units on 50.85 acres near the Celery Fields on Raymond Road. And Curco Land Holdings and Yeshua's Love Biblical Fellowship propose 352 apartments at 8893 Fruitville Road.

Developers say county initially gave a green light

At least two developers say the county initially encouraged their projects. New Pope Holdco alleges it was directed to proceed after two pre-application meetings in September 2025, only to see the process halted seven months later by the April 7 vote. County Planning Director Matthew Osterhoudt told Curco and Yeshua's Love in September 2025 that their project met the Live Local Act's zoning, density and height requirements, according to the lawsuit. The plaintiffs say they invested hundreds of thousands of dollars based on that guidance.

The New Pope Holdco complaint accuses commissioners of abusing their power to block Live Local projects. The Sitc Inc. suit cites an email from Commissioner Tom Knight criticizing the Live Local Act as a product of developer-backed state legislators overriding local authority, alleging commissioner animus toward developers.

County caps legal fees as cases proceed

At the Aug. 25 commission meeting, Moye told commissioners his office had filed motions to dismiss in all four cases. Commissioners also voted to cap reimbursable legal fees at $100,000 per commissioner before returning to the board for further funding. They agreed to be represented by the county attorney but reserved the right to hire outside lawyers individually.

"I've never been sued before, and I'm a chiropractor," Commissioner Joe Neunder said at the meeting. Neunder lost a Republican primary in August to Jim DeNiro and will leave office after his term ends.

One case nears a possible settlement

One case may be nearing resolution. On June 29, Yeshua's Love and Curco submitted a proposed settlement that would reduce their project from 352 to 306 apartments, with 100% of units reserved for renters earning at or below 80% of the area median income. Commissioners on Aug. 25 authorized continued negotiations but did not approve the deal.

Court dates loom into 2027

A motions hearing in the Sitc Inc. case was scheduled for Sept. 3. A hearing on the motion to dismiss in the D.R. Horton case is set for Sept. 18. Non-jury civil trials are scheduled for March 29, 2027, in the New Pope Holdco case and Aug. 23, 2027, in the Sitc Inc. case.