Tampa man at heart of guesthouse, pickleball court saga gets out of jail after agreeing to demolish structures

TAMPA, Fla. - Tampa businessman Michael Martin spoke from his Beach Park home Friday shortly after being released from jail. This comes as he ultimately agreed to comply with a court order to demolish several structures on his property following a lengthy dispute with his neighbors.

"I'm doing okay, a little tired," Martin told FOX 13. "Lost about 12 pounds and a little run down. But it was worth it."

Tampa property legal dispute

The backstory:

Martin was locked up for nearly three weeks after a judge found him in contempt of court for refusing to tear down a two-story guest house, pool and pickleball court he built on his South Tampa backyard.

Martin’s attorney, Sam Heller, stated that Martin will now comply with the ruling following an appellate court's denial of a petition to challenge the incarceration.

Permitting and construction history

What we know:

Martin bought adjacent properties in 2017 and received approved permits from the city of Tampa to build a two-story guest house starting in 2021. 

Martin took the middle lot and decided to build a two-story guest house, pool, and pickleball court in his backyard — land that used to be an old, vacant cul-de-sac.

 He got proper city permits for it all.

"I just thought it was kind of ‘crazy town’ that someone would challenge a city's permit," Martin said. "I felt pretty strongly that I was in a position of strength because I went and did everything that I was directed to do. At the very beginning of it, I got an expert to submit to the city, and then the city had their most tenured person approve it, and we did it at the direction of the city. So, I felt extremely confident that this was not going to result in where I am today."

However, his neighbors, the Babbitt family, questioned the legality of the project as soon as footers were poured. 

The Babbitts filed a lawsuit in 2021, arguing the structures were built on a public area known as "Block E" that was never meant for development.

Impact on neighbors

The other side:

The Babbitt family argued the 27-foot structure was illegal, blocked sunlight and destroyed century-old trees. 

Beth Leytham of the Leytham Group is representing the Babbitts and their attorney, Hill Ward Henderson.

"They can't even enjoy the pool that they have. At one point, [the guest house] had windows facing into their home," Leytham said.

Court documents show the Babbitts reportedly tried to resolve the issue with Martin themselves. When that didn’t work, they filed a lawsuit in 2021.

At that time, Martin — who did have city-issued permits — was reportedly warned that what he was building could be at risk of demolition as this fight worked itself through the courts.

 "He chose to move forward and build this 27-foot monstrosity," Leytham said. 

Then in 2023, a judge sided with the Babbitts and ordered Martin to remove everything in the backyard to restore that land – which used to be a cul-de-sac — to "the condition of a nonbuildable" area. 

Hillsborough County Circuit Judge Christopher Nash signed his final judgment on Oct. 29, 2023, writing that "the court finds that the Babbitts’ loss of enjoyment of their home and the loss in value that they have suffered outweighs the consequences to Mr. Martin as a result of the removal of the structure."

In that order, the judge declared that the guest house "being built on Block E is illegal and violates the plat, the city code, and Florida law." The judge ordered that "Mr. Martin shall remove the structure and appurtenances thereto and restore Block E to the condition of a nonbuildable block."

 Martin appealed and did not remove anything in his backyard.

"Well, we’ve been in a series of appeals," Martin said as to why he didn’t demolish anything. "I still have an active appeal."

 Almost three years after the final judgment, Martin was found in contempt and arrested April 20.

 After roughly three weeks in jail, the court denied his recent appeal. Martin announced Thursday night he is complying with the judge’s ruling to demolish everything.

 Martin was released from jail on Friday. He told FOX 13 demolition starts next week and is estimated to cost $400,000.

 "Yeah, it’s starting, but I still have avenues available to me, and we’re still working on more action to be taken," Martin said. "The message is, I’m not done fighting. I’m not throwing in the towel."

Legal and financial consequences

Martin was released from jail on Friday. He told FOX 13 demolition starts next week and is estimated to cost $400,000.

"Yeah, it’s starting, but I still have avenues available to me, and we’re still working on more action to be taken," Martin said. "The message is, I’m not done fighting. I’m not throwing in the towel."

What we don't know:

While the court has ordered Martin to pay for the demolition expenses into a trust account, the exact final financial cost of the yearslong litigation and the impending demolition remains unclear. 

It is not yet known exactly how long the physical restoration of the property to a nonbuildable condition will take once work begins.

What they're saying:

Heller said the stress of being jailed was "too high a price" for Martin after complying with all initial city requirements. 

 "They were just cautiously optimistic," Leytham said of the Babbitts upon hearing the announcement. "He [Martin] went to jail. I'm sure it was not a comfortable experience. We hope he learned his lesson, and we hope that he proceeds as committed and as ordered to remove and demolish the structures."

Martin told FOX 13 that even after the Babbitts filed their lawsuit in 2021, city officials continued to come for inspections and approvals.

"Everything I did was by the book. I got permits. I went to the city. I played by the rules," Martin said. "If this could happen to me, it could happen to anybody — that you're able to do everything by the book and then somehow be ordered by the court to tear down the buildings that you built with the permission of the city."

"I think they made a mistake," Leytham said of the city. "You or I could make a mistake, and I think that the court rectified it. That's the point. You go to an unbiased forum. You ask them to review the law. You make your arguments and a judge decides what the fair thing is. Our judge did that. Judge Nash did that. And then Mr. Martin proceeded to ignore it and to flout it. And I think now, hopefully, it will be resolved. And he learned his lesson. I hope, I hope."

 In a statement to FOX 13, the city of Tampa said, "The city of Tampa approved the improvements, but neighboring residents challenged that decision in court. The court ultimately ruled that the area in question was not buildable — a decision that was later upheld on appeal. This is a legal matter between the litigants and the courts."

What's next:

Martin must pay the initial deposit for demolition expenses to ensure he remains out of jail. His legal team indicated that after spending recovery time with his family, they will refocus on what they describe as the "injustice" of the predicament. 

Martin will be returned to jail if he fails to achieve complete compliance with the court's orders.

Tampa