Airboat Ban Leads To Lawsuit

By JULIA FERRANTE The Tampa Tribune

Published: Sep 15, 2007

LAND - O' LAKES - Joe and Ruby Barness bought an airboat after they moved to their home along Cherry Lake in 2004.

They used the boat for recreation, to reach property they own across the lake and to clear invasive trees, they have said.

A dispute with neighbors about noise from the vessel soon prompted a change to a county ordinance, however, and airboats were banned on the tiny lake in June 2006.

The couple now are suing Pasco County, claiming the ban exceeds the county commission's policing power and is keeping them from enjoying their property. The Barnesses are seeking a permanent injunction against the county, along with court costs.

The Barnesses could not be reached for comment this week. Their attorney, Denise N. Murphy of Safety Harbor, declined to comment, through her assistant.

The county commission this week authorized its attorneys to defend them against the lawsuit. County Attorney Robert Sumner could not be reached for comment Friday, but typically his office does not comment on pending litigation.

Phil Walters of Gator Guides.com is an advocate of public access for airboats and past president of the Florida Airboat Association. He spoke against the ban at a Citizens Ordinance Review Committee meeting last year, suggesting the county regulate hours of use or sound levels rather than prohibit airboats.

Walter said he is not sure the couple have much legal standing. Airboaters who operate on coastal waters or who comply with noise restrictions have certain rights, but Cherry Lake is a small private lake with just one airboater.

"This is a neighborhood issue," Walters said. "This is a backyard pond, but even if you win, it's not like anyone else can go out there and recreate."

A group of neighbors who live off Sweet Cherry Lane pushed for the airboat ban, saying the noise was intolerable. They said they did not want Joe Barness to plow down exotic melaleuca trees if it meant running his airboat. They also said he bought the property across the private lake after county officials contemplated an airboat ban.

Other neighbors supported Barness, and the ordinance committee recommended against an airboat ban, saying a law requiring mufflers on airboats could solve the problem, but county commissioners unanimously agreed to a ban. Airboats also are prohibited on Bell Lake, Crews Lake and Lake Thomas.

In his lawsuit against the county, Barness, a real estate agent, notes that there were no deed restrictions against airboats when he bought his.

He has said in the past that he installed mufflers on the 13-foot boat to limit the sound and comply with a state law that went into effect in June, but his neighbors said the mufflers did not help.

Commissioner Pat Mulieri, who represents Land O' Lakes, said at the time that the airboat debate was a quality of life issue.

Gary Stroh, one of the neighbors who pushed for an airboat ban, said the ordinance has been effective. Joe Barness periodically starts the engine of his airboat - presumably to test the engine - but he has not taken it out on the lake.

"The tranquility is back," Stroh said.

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.