Mediation planned for Harbourside lawsuit vs. town of Jupiter


The lawsuit filed Jan. 5 by Harbourside Place against the town of Jupiter is going to mediation.

If attorneys from both sides reach a settlement through mediation, a court trial would be avoided. If they reach an impasse and are unable to reach a settlement, the lawsuit will proceed to trial. No date has been set for a trial, according to Mitchell Berger, the attorney for Nick Mastroianni, the developer of Harbourside Place.

“We are hopeful that cooler heads will prevail and Harbourside is allowed to use the amphitheater for the purpose it was given permission to in the certificate of occupancy,” said Berger.

The two sides were ordered to mediation by Palm Beach County Circuit Judge Edward Artau. The certified mediator appointed by the judge is Rodney Romano, who is the former mayor of Lake Worth.

The lawsuit is “a gross distortion of the facts,” according to Jupiter Town Attorney Tom Baird.

“Based on the facts as presented in the complaint, it appears that Mr. Mastroianni believes that he is above the law and can operate Harbourside any way he determines is appropriate. Fortunately, he has not been elected to the Jupiter Town Council,” Baird said in an e-mail to The Palm Beach Post.

Jupiter’s actions with Harbourside Place are “government gone wild,” Mastroianni said when the lawsuit was filed in Palm Beach County Circuit Court.

“The town is reneging on its promise that Harbourside Place would be the town’s entertainment center. I would not have built Harbourside Place if I would have known the town was going to act this way,” said Mastroianni, the president of Allied Capital & Development, the company that built the $150 million waterfront complex on the Intracoastal Waterway.

When Harbourside Place opened in Dec., 2014, up to five events a week were held. Responding to complaints about too-loud music from nearby residents, town officials have increasingly reduced the time allowed for outdoor events at the amphitheater.

Harbourside suspended music and other performances from the amphitheater on Monday, saying Jupiter officials “without lawful authority” are restricting the events.

Town officials counter that Harbourside is required to have a special event permit to play music through the amphitheater system. To be allowed to play outdoor music without a special event permit, Harbourside Place needs an outdoor venue designation approved by the town council, said Baird.

The town has not approved that designation. The amphitheater does not have the proper volume measuring equipment to meet the requirements, according to Jupiter officials.

“The town is not prohibiting Harbourside from having music. Harbourside, like any other business that wants to host outdoor entertainment, has the ability to apply to the town to conduct musical events,” Town Manager Andy Lukasik said via e-mail.



Reader Comments ...


Next Up in Local

NEW: Florida man dies after he’s sucker punched at gas station
NEW: Florida man dies after he’s sucker punched at gas station

A 62-year-old man died after he was sucker punched while sitting outside a gas station in the Florida Keys, news reports say.   Steven Sanderson, who is homeless, was outside a Chevron station on Friday night when Fred R. Hauch, 53, hit him, the FlKeyNews reports. Sanderson struck his head when he fell to the ground; he died on Sunday at...
JUST IN: Theft scheme targeted Home Depot stores; man faces charges
JUST IN: Theft scheme targeted Home Depot stores; man faces charges

A Loxahatchee man is facing charges of fraud and retail theft after he and an accomplice allegedly schemed to steal thousands of dollars from Home Depots throughout Palm Beach County as well as Martin and St. Lucie counties, according to an arrest report. Michael Johnson Hunnewell, 29, is facing seven counts of retail theft of $300 or more and fraud...
BREAKING: Pedestrian hit by vehicle west of Lantana
BREAKING: Pedestrian hit by vehicle west of Lantana

A pedestrian was hit by a vehicle Tuesday morning southeast of the village limits, Palm Beach County Fire Rescue authorities said. The wreck happened near Aquarius Boulevard and Brady Lane, in the Lakes of Sherbrooke community west of Florida’s Turnpike and north of Lantana Road. The extent of the pedestrian’s injuries was not immediately...
NEW: West Palm woman, Lantana man plead guilty to pickax robberies
NEW: West Palm woman, Lantana man plead guilty to pickax robberies

Four people, including a West Palm Beach woman and a Lantana man, have plead guilty to federal charges of taking part in a string of smash-and-grab burglaries and robberies in Palm Beach County and Port St. Lucie, according to the U.S. Department of Justice. Victoria Mia DeJesus, 20, of West Palm Beach plead guilty to receiving stolen firearms and...
LATEST: Wellington man accused of menacing bicyclists with Bentley
LATEST: Wellington man accused of menacing bicyclists with Bentley

A Wellington man is facing two counts of aggravated assault after he allegedly menaced three bicyclists with his Bentley, according to an arrest report. One of the bicylists is a veteran Palm Beach County sheriff’s deputy, records show. Richard Pitera, 59, was booked Aug. 15 into the Palm Beach County Jail and released two days later on $20,000...
More Stories