La Ola, FMB businesses appear before Special Magistrate; New hearing date set

Reporter: Sommer Senne Writer: Sommer Senne
Published: Updated:

Fort Myers Beach businesses went before a Special Magistrate on Tuesday as the battle between the Town and FEMA continues.

The problem has been shipping containers and trailers that these businesses use on the island.

FEMA says these containers and trailers aren’t elevated to withstand hurricanes.

The businesses must show they comply with the magistrate’s requests or they will be forced to leave the island.

Shipping containers and trailers have been a massive topic of conversation on Fort Myers Beach.

They’ve been used to bolster the island’s recovery efforts after Hurricane Ian.

FEMA revoked the town’s 25% flood insurance discount partly because of the shipping containers.

For La Ola, a judge determined their trailers were not elevated thirteen feet above base flood level.

The restaurants must comply with regulations or face a daily fine of $250.

WINK News spoke with Tom Houghton, La Ola’s owner, in February after the judge made their decision.

“We plan to appeal and plan to appeal the circuit court,” Houghton said. “My attorney is very confident we’ll move forward with redeveloping the property.”

The businesses had by March 1 to comply.

Tuesday’s hearing was a status review hearing to see if these businesses made any changes.

WINK News attended the magistrate hearing.

In light of the appeal, the town and La Ola’s attorney, Amy Thibaut, asked the judge if the case could be pushed to April 1, the next hearing date, which the judge agreed to.

Thibaut also said that they have taken steps to obtain building plans.

They don’t have a full set of permitted plans yet, but they’ve been working with the property owner and tenant to devise a longer-term solution for the site. They have some renderings that they’ve sent to the town to demonstrate that they’re taking steps.

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