- September 2, 2026
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The much-hyped and controversial statewide Live Local Act, designed to prevent local municipalities and governments from rejecting affordable and workforce housing due to NIMBY-esque and related concerns, is living in court, at least in Sarasota County.
Four Live Local developers have filed lawsuits recently against the county for preventing their Live Local projects from advancing through the development process. Together, they had proposed more than 4,000 apartments countywide.
The Live Local Act allows developers in the state to bypass ordinary developmental review procedures in areas zoned for commercial, industrial and mixed-use. To qualify for Live Local, 40% of units must be reserved for those earning at or below 120% the area median income.
The developers, in general, allege commissioners violated state law when they determined at their April 7 meeting that the Live Local Act did not apply to Sarasota County’s Open Use and Residential Estate One zoning districts.
Sarasota County Attorney Joshua Moye warned commissioners in an April 3 memo that it would be an “uphill battle” that could expose the county to litigation and fees if they chose to interpret the OU-1 and RE-1 zoning as outside the scope of the Live Local Act, according to court documents.
Despite Moye's guidance, commissioners voted unanimously April 7 to exclude the two zoning districts from application of the Live Local Act. Moye, in an update during the Aug. 25 commission meeting, told the officials that his office has filed a motion to dismiss in each case.
A pair of these lawsuits come with a twist, too: Two of the Live Local lawsuits name commissioners as defendants, in their capacities on the board and as individuals. In response to that move, commissioners at that Aug. 25 meeting set a cap of $100,000 per commissioner on their reimbursable legal fees as a result of the lawsuits, before they must return for permission to fund their defense further.
The commissioners voted to be represented by the county attorney in the cases and to reserve the right to have other attorneys represent them as individuals.
“I've never been sued before, and I'm a chiropractor,” Commissioner Joe Neunder said, adding that it “behooves all of us to have that option” of outside counsel, particularly in defending their professional licenses. (Neunder lost a Republican primary election last month to Jim DeNiro, and will vacate office after his term.)
A glance at each lawsuit includes some similar themes, nearly all revolving around allegations that commissioners didn't follow the law.
Plaintiff: New Pope Holdco III LLC. The registered agent for the LLC, state records show, is Keith Pope, a real estate broker and CEO of Sarasota-based Pope Properties, a golf club, community association and management firm.
Defendants: Sarasota County and Commissioners Joe Neunder, Tom Knight, Mark Smith, Ron Cutsinger and Teresa Mast, in their personal capacities as well as professional
Filed: July 6
Allegations: Plaintiff seeks to build a 2,250-unit multifamily development at 421 Tatum Road. New Pope Holdco II owns 206.5 acres there, zoned RE-1.
The plaintiff alleges it was directed by the county to proceed to site development after two pre-application conferences in September 2025.
Then on Oct. 16, 2025, at a follow-up meeting requested by the county, the county expressed “concern” that the Live Local project would make The Legends subdivision nonconforming for density and open space reasons, the lawsuit contends. In a November memo, the plaintiff says it allayed the concerns and moved to continue with the development process. After seven months, the plaintiff says, the process came to a halt when commissioners on April 7 voted to exclude OUE-1 and RE-1 zoning districts from the Live Local Act.
Commissioners “decided to act as a super-legislature, elevate the County Commission over the State Legislature, and perpetrate unlawful actions under the false guise of governance,” the complaint says, alleging they “implemented a policy reflecting the commissioners’ political preference instead of the law.”
At one point calling the commission's decision to exclude the zoning districts a "naked abuse of power to block Live Local Act projects," the lawsuit also cited Commissioner Mark Smith from the April 7 meeting saying “I would rather be on the side of our citizens than on the side of the development community."
In its lawsuit, the developer seeks clarification from the court on whether its property does fall under the Live Local Act since it is zoned for commercial, industrial or mixed-use. It also alleges the county created “mandatory gatekeeping conditions” before an applicant could be reviewed under the Live Local Act, violating its right to due process.
Status: A hearing on the defendants’ motion to dismiss was held Aug. 25 before Judge Hunter W. Carroll. A non-jury civil trial is set for March 29, 2027.
Plaintiff: Sitc Inc. The company is controlled by Jack Cox, president of Lakewood Ranch-based Halfacre Construction and longtime business and civic leader in the Sarasota and Manatee communities.
Defendants: Sarasota County and Commissioners Joe Neunder, Tom Knight, Mark Smith, Ron Cutsinger and Teresa Mast in personal and professional capacities
Filed: May 20
Allegations: Sitc is the owner of the following properties, according to court documents: 2000 Lorraine Road, 0 Dog Kennel Road, 9800 Cameo Farm Lane, and 0 Cameo Farm Lane. The property, east of Interstate 75 off Fruitville Road, is zoned open use estate.
On Dec. 4, 2025, the plaintiff submitted an application to the county for a 540-unit apartment project on the property, which fronts Lorraine Road. Between December 2025 and March 2026, the plaintiff says it participated in what it called an “extensive pre-application and review process,” which is “more burdensome and lengthy” than standard development processes in the county.
The plaintiffs, in the lawsuit, allege the county has violated state law prohibiting construction moratoriums and burdensome or restrictive regulations in areas that have been impacted by hurricanes before Oct. 1, 2027, by creating a five-step process for Live Local projects that it says delays approval timelines while “unfairly and unjustifiably increasing the risk, uncertainty and cost of obtaining approval for a Live Local project.”
In suing the commissioners in their personal capacities, the plaintiff alleges they had “animus and malice toward developers," citing, for one, the same comment from Smith as the New Pope lawsuit. The lawsuit also cites Knight for saying in an email that Live Local “has happened because of developer-supported state representatives passing laws that preempt local officials.”
Status: A motions hearing is set for Sept. 3. A non-jury civil trial is set for Aug. 23, 2027.
Plaintiffs: D.R. Horton Inc., The Cindy L. Smith Revocable Living Trust, Matt Smith, Cindy L. Smith
Defendants: Sarasota County, Matthew Osterhoudt (county director of planning and development services), Jonathan Lewis (county administrator)
Filed: June 30
Allegations: The trust and the Smiths own property near the Celery Fields, not far from the property controlled by Cox/Sitc. D.R. Horton is the contract purchaser of the property, which encompasses 50.85 acres fronting Raymond Road that is zoned open use rural (OUR).
”Because the OUR district permits commercial uses and industrial uses by right, the property is ‘zoned for commercial, industrial, or mixed use’ within the meaning of the [Live Local] Act,” the complaint says.
Using the Live Local Act, D.R. Horton plans to create 864 units, of which 408 would be less than 750 square feet (so they count for one-half density, yielding 660 units), the plaintiffs say.
On May 29, D.R. Horton and the Smiths submitted a request for a preliminary pre-application conference with county staff, which is required by Sarasota County’s process for Live Local developments. Two days later, Osterhoudt responded by saying the project was “ineligible” and a “meeting is not necessary,” in an email, the lawsuit alleges. When the plaintiffs filed a pre-submittal application, a county staffer, the lawsuit contends, replied that the project was “not eligible for the Live Local Act,” so the application would be canceled and the applicant refunded.
“The county’s refusal to process the Raymond Road Live Local Project application is in direct violation of the Live Local Act as the OUR zone district qualifies for Live Local development,” the complaint says.
Status: A hearing in front of Judge Carroll on the county's motion to dismiss is scheduled for Sept. 18.
Plaintiffs: Yeshua’s Love Biblical Fellowship of Sarasota Inc. and Curco Land Holdings LLC. Curco Land Holdings LLC is managed by Brayden Curry, the president of Tampa-based commercial real estate and development company Curco Capital. (The term YIGBY refers to Yes in God's Backyard, for religious organizations seeking to convert property to housing.)
Defendant: Sarasota County
Filed: May 15
Allegations: Yeshua’s Love owns 8893 Fruitville Road, which is zoned open use estate. Curco Land Holdings has signed a contract to purchase the property, contingent on the county’s processing and approval of its Live Local development application for the 23.69-acre site. Curco’s proposed project calls for 352 apartments, with 40% reserved for those earning at or below 120% area median income.
Project officials submitted their initial application package to the county Aug. 19, 2025. In response, the plaintiffs say Osterhoudt informed them that their proposed project “was meeting the Live Local Act factors relating to zoning, density and height” in correspondence dated Sept. 17, 2025.
Based on that confirmation, Curco and Yeshua’s Love “made substantial additional investments in advancing the project,” including retaining engineering, environmental and legal professionals; conducting traffic studies; entering agreements with financing parties and investing in related costs, the complaint says. The costs totaled hundreds of thousands of dollars, the plaintiffs say in court documents.
The plaintiffs allege the exclusion of open use zoning districts from the Live Local Act was applied retroactively and was enacted as an “interpretation” of the Live Local Act “in disregard of the legal requirements for enactment of land development regulations, and without public notice or opportunity for public comment.” According to the plaintiffs, “the board exceeded the scope of its legal authority.”
Status: Judge Carroll heard the motion to dismiss June 30; there had been no ruling as of Sept. 1. Also, on June 29 Yeshua’s Love and Curco submitted a proposed settlement to the county in which they could move forward with the project under the YIGBY religious institution provision and would reduce the number of units from 352 to 306 apartments, of which 100% would be available to those making 80% area median income, among other modifications. Commissioners voted Aug. 25 to authorize the county attorney to continue negotiations with Yeshua's Love and Curco but did not approve the settlement.
