Court Decision Supports Sustainable Home Developer Marshall Gobuty in Cortez Canal Wars

Hunters Point Founder prevails on all points over Chicago billionaire Sam Zell's MHC Cortez Village, owner of Loggerhead Village Cortez Marina

TALLAHASSEE, Fla., March 8, 2023 /PRNewswire/ -- Marshall Gobuty, president of Cortez Road Investments & Finance (CRIF) and founder of Pearl Homes, the developer of Hunters Point, the first-ever NET Zero certified & LEED Platinum community of sustainable homes, has prevailed over MHC Cortez Village (MHC) in Cortez Road's quest for a permit to build docks for its Hunters Point canal-side homes.

The ruling by Administrative Judge J. Bruce Culpepper (LINK TO PDF) struck down all the points raised by MHC in its petition to have dock permits revoked and recommended that a permit for the 49 Hunters Point docks should be issued by Southwest Florida Water Management District (SWFWMD) with no modifications. He noted that MHC failed to meet its burden of proof that the proposed dock is contrary to public interest or that the docks negatively impact navigation safety.

Judge Culpepper's recommendation also stated that the addition of navigational aids by CRIF may actually improve navigational safety on the canal. The court recommendation will be forwarded to SWFWMD, which will issue a final order to proceed following a short period to file exceptions and responses.

MHC Cortez Village, owned by Chicago billionaire Sam Zell's firm Equity Lifestyle Properties, had filed the petition with the court in May 2021. The petition caused a two-year delay in the construction of homes along the canal, which is adjacent to Hunters Point.

"It took two years of a David and Goliath fight, but we won and we're improving safety on the canal  for boaters as well as our precious manatees," said Marshall Gobuty, president of CRIF and Pearl Homes. "This was a significant victory and Hunters Point will now address all the issues surrounding the two-year delay and see how we can move forward."

Attorney for CRIF, Susan Martin of the Nason Yeager firm, praised the SWFWMD permit review process, which fully considered all issues in the permitting process, and SWFWMD counsel. She also said "We appreciate Judge Culpepper's recommendation that the permit be issued with no modifications, and for determining that there will not be a hazard to navigation as claimed by MHC. MHC tried to shut down the most advanced sustainable community in the U.S. We knew from the outset that we were in the right and that their arguments had no credible support."

About Pearl Homes
Pearl Homes, developers of Hunters Point, is a Florida-based homebuilder and real estate developer with sustainable and workforce housing projects underway in the Sarasota-Bradenton area and other locations throughout Southwest Florida

Founded in 2015 by Marshall Gobuty, Pearl Homes focuses on building single-family and multi-family communities that meet at the intersection of affordability and sustainability. Pearl Homes communities are a step towards solving our nation's livability crisis by working closely with the U.S. Green Building Council (USGBC) and the Department of Energy (DOE).

In 2019 Pearl Homes founder, Marshall Gobuty was named the recipient of the USGBC's Visionary Award for his pioneering work to bring LEED Platinum focused design and construction to the residential housing market.

SOURCE Pearl Homes