Attorneys

Collier County Judge Sides with Property Owners; Cohen & Grigsby Attorney Heads Legal Team

April 26, 2004

BONITA SPRINGS, FL - A Collier County circuit court judge has sided with Lely Barefoot Beach property owners, represented by Cohen & Grigsby attorneys, to keep the State of Florida out of a lawsuit between the homeowners associations and Collier County over whether a guardhouse deters the public from visiting Barefoot Beach Preserve. 

The homeowners associations’ legal team is headed by Cohen & Grigsby attorney Jason Hunter Korn, who has been representing the Lely Barefoot Beach homeowners’ associations against the State of Florida, Florida’s Attorney General and Collier County in a highly publicized case which has been pending since 1995.  The community sits on the Gulf of Mexico and is comprised of over 600 multi-million dollar homes, and the State of Florida and Collier County have been seeking to remove a private guardhouse located at the subdivision’s entry off Bonita Beach Road, which visitors pass without stopping to go to the county and state park.

After numerous proceedings, including a court-ordered arbitration, the court granted the homeowners’ association’s motion to dismiss the State’s claims due to an expiration of the statute of limitations.  Korn argued that the State was barred from contesting the guardhouse at this late stage.  Korn argued that the time for contesting the guardhouse, which has existed in its current spot since June 1988, should start from when a certificate of occupancy was issued by Collier County in 1988.  “It was too little, too late,” Korn stated.  “It is a very big win for the homeowners’ association, and we are pleased that the court agreed with us that time has run out.  We believe this now paves the way for a ruling to dismiss the County’s claim on the same argument.”  

Jason Hunter Korn focuses his practice on complex business litigation and dispute resolution, including business torts, real estate litigation and construction litigation.  He has represented clients in a wide variety of transactional disputes, with an emphasis on representing closely-held businesses and high net worth individuals.  Mr. Korn is past president of the Trial Lawyers Section of the Collier County Bar Association and is a member of the Professional Ethics Standing Committee of The Florida Bar.  Mr. Korn earned his B.A. (Economics and Management) from the University of Michigan, Ann Arbor in 1988 and his J.D. from the Boston University School of Law in 1991.  He is admitted to practice in Florida, New York and Massachusetts.  He currently resides in Naples, Florida.