EBIA drainage pathway permitted
To the editor:
Mr. Durpo repeatedly sends misleading and unsupportable information to the local press media regarding the unfortunate situation with his now-defunct golf course. I suppose there may be some catharsis in that since virtually every motion made on his behalf seems to be rejected or overturned by the court or the magistrate. But let’s leave the litigation issues where they belong- in a courtroom, not the local newspaper.
As far as his assertions, some facts are in order. To say that EBIA sued him is correct. Of course, that came after Mr. Durpo filed suit against 16 local neighborhood associations, claiming they owed him (by my estimating from the court filing) several million (that’s millions of dollars!!) for costs that he supposedly incurred in allowing their storm water to run onto his land and flow, by gravity and after suitable filtration, into Estero Bay. That drainage pathway has been approved by South Florida Water Management District under a long-standing permit granted before Mr. Durpo ever owned the golf course. So, despite this State agency-permitted storm water runoff, Mr. Durpo threatened to disallow these associations the privilege of adhering to what they have been permitted to do. Mr. Durpo called these associations trespassers, many of them built 30 years or more before Mr. Durpo purchased the golf course. In some circles, Mr. Durpo’s claim might be described as chutzpah, in other circles, more earthy terms might be used.
In addition to the several millions in past-due costs and related claims, Mr. Durpo also wants to charge these associations about $500,000 per year, every year, to continue allowing their storm water to run onto his property. I believe his supporting justification for these outrageous costs includes, as a major component, salaries for himself and family members that equate to over $175,000 per year.
No one denies that the Bay Beach community should share costs of the storm water drainage and filtration. A cost-sharing arrangement was fairly negotiated through mediation several years ago by the umbrella association that was established to handle the Bay Beach storm water system, the Estero Bay Improvement Association. Since he first purchased the property, EBIA has been asking Mr. Durpo to send the bill for this service. He has refused to do so, frequently by ignoring these requests. That’s not EBIA’s fault, that’s Mr. Durpo’s intransigence that’s responsible.
So, when Mr. Durpo initiated legal action against the 16 associations (which preceded the EBIA countersuit by about a year), he was simply trying to divide and conquer, hoping to find a few weak sisters that might start a trend in complying with his outlandish and unneighborly claims. EBIA did countersue because that places them exactly where their long-standing charter says they should be-as the storm water system manager for the Bay Beach community.
There are many ironies in this situation. The golf course’s most loyal and regular customers come from the immediately local area, the very people he has sued, and the very people that afforded his golf course profits for several years. In fact, he reportedly was making profits for several years until he sued his customers. Then his profits dried up, and he had to close the course. Several years ago, when Mr. and Mrs. Durpo came before many of these local associations asking them to support his golf course, many bought memberships as an expression of support and to help maintain the open space. He’s suing those members, too.
There are other matters in Mr. Durpo’s tome that get into the legal realm but the litigation process is the best venue in which to sort those out. That can’t happen soon enough.
Let’s hope this matter gets resolved soon. It’s costing everyone a lot of money and it’s wasting a lot of newsprint on questionable assertions from a gentleman who we were hoping would remain a good neighbor.
Ed Lombard
Bay Beach community owner?
Fort Myers Beach