Tampa man in jail agrees to demolish backyard guest house after court denies appeal in neighbor dispute

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TAMPA, Fla. - A Tampa businessman at the center of a years-long legal battle that stemmed from a neighbor dispute over a backyard guest house, pool and pickleball court has agreed to comply with a judge’s demolition order. This comes after an appellate court denied Michael Martin’s latest legal challenge.

What we know:

Michael Martin, who built the structures at his Beach Park home after receiving permits from the city of Tampa, has remained in jail after being found in contempt of court for refusing to tear down the additions to his property.

A judge previously ruled the guest house and related structures violated plat restrictions, city code and Florida law after Martin’s neighbors, the Babbitts, sued over the project. The court ordered Martin to demolish the structures and restore the property to a non-buildable condition.

Martin’s legal team argued demolition during the appeals process would make the appeal moot because the structures at the center of the case would no longer exist.

City of Tampa officials acknowledged they originally approved the permits for the project, but said the courts later determined the property area was not legally buildable.

Court denies appeal

On Thursday evening, Martin’s attorney, Sam Heller, announced that Martin would now comply with the court’s order following a ruling from the appellate court.

"Late this afternoon, in light of the appellate court’s denial of Mr. Martin's petition for writ of prohibition, which challenged the trial court’s jurisdiction to hold him in contempt and incarcerate him pending his substantive appeal of his right to replat prior to demolition, Mr. Martin will now comply with the judge’s ruling. We have always stated that once the appeal was decided, we would move in the appropriate, lawful direction as decided by the legal process. It is quite a statement that these matters had to be decided in a court of law instead of neighbor to neighbor, but the stress of being jailed for an offense unknown to him and after all required approvals by the city had been fully complied, is too high a price for Mr. Martin, his family, friends and business colleagues. This, on top of the financial costs, which are significant, signals that for now, we will focus on Mr. Martin’s release from jail. Following recovery time with his family, we will refocus on the injustice of his predicament," Heller said in a statement provided through family spokesperson Lisa Brock.

Statement from the Babbitt's attorney

Following the compliance, Trae Weingardt, the Babbitt's family attorney, released this statement:

Following the rejection of his latest appeal, Michael Martin has finally capitulated to the 2023 Court Order to demolish the illegal, non-conforming structure that infringed upon his neighbors’ home and grossly destroyed one hundred-year-old buffering trees.  According to court orders and other documents, Mr. Martin had been aware that the 27’ accessory structure he built was, in fact, illegal and at risk of demolition since 2021, when construction was in its infancy.

Ultimately, and over the course of 5 years, Mr. Martin failed in both the circuit and appellate court levels as well as in federal court. He chose to double-down and flouted the 2023 court ordered demolition of the offending buildings, requesting 7 extensions.  After 8 contempt motions, 9 court hearings, and 14 months of non-compliance, the Court recently found that "Mr. Martin had intentionally sabotaged all progress made toward compliance ….," and ordered "Mr. Martin be taken into custody and held at the Hillsborough County Jail until he … complied with the Court’s orders."   

Strict rules and protections have been placed on Mr. Martin to try to ensure that he performs as required, including payments into the trust accounts of the Older Lundy law firm.  Mr. Martin will not be released from jail until the initial deposit for the demolition expense is paid.

Attorneys for the plaintiffs are cautiously optimistic that Mr. Martin will comply with the court’s accommodations, given the stern warning that short of complete compliance, Mr. Martin will be returned to jail.

What we don't know:

As of Thursday evening, it was unclear whether Martin had officially been released from jail.