- February 18, 2026
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After almost four years battling in court, the town of Windermere and the five titled owners of the centuries-old Third Avenue boathouses will enter virtual mediation Wednesday, Feb. 25, before mediator and retired Circuit Judge Frederick J. Lauten.
Meanwhile, the Windermere Town Council unanimously approved Tuesday, Feb. 10, a resolution authorizing the law firm of Shutts and Bowen to conduct an initial assessment of the viability of the appeal and to potentially prosecute the appellate action.
The approval of the resolution to hire Shutts and Bowen comes after the town decided in December 2025 to appeal the decision to the Sixth District Court of Appeal.
The decision to appeal was followed by the final judgment, which was rendered in November 2025. Ninth Circuit Court Judge John E. Jordan signed an order in October 2025 in favor of the five titled owners of the boathouses.
At Windermere Town Council’s Dec. 9, meeting, the town’s attorney, Heather Ramos, said the town was appealing the decision because there are several “unanswered questions from the court.”
Resident Joan Foley encouraged Town Council members to consider its end goal of why the town is seeking ownership of the boathouses, and the town has spent thousands of dollars on legal fees because of the ongoing court battle.
“Many long-standing relationships in this town have been destroyed and severed, dividing our community over this issue,” she said. “I would like to see this issue resolved quickly and without putting the town in any further serious financial risk. I’d like to see us spend money restoring our town hall for all residents and the community to enjoy.”
The resolution to hire the law firm was passed without discussion from the Town Council, which held a shade meeting regarding the boathouses prior to the Town Council meeting.
The Town Council voted 4-1, with Council Member Brandi Haines dissenting, to approve the resurfacing of the Main Street tennis courts.
The council approved a contract with Nidy Sports Construction in the amount of $27,385 for the project.
The resurfacing is part of routine maintenance to preserve court playability and extend the life of the facility.
The approval of the funds originally was scheduled for the town council’s meeting in December, but it was pulled from the agenda. The January council meeting was canceled, which caused a scheduling delay for the project.
The Parks and Recreation Committee requested Town Manager Robert Smith authorize the work to proceed “due to the time-sensitive nature of the work and vendor availability” as well as to “avoid further deterioration of the courts and to secure a contractor able to mobilize promptly,” according to town documents.
The resurfacing work was scheduled with Nidy Sports Construction, and the contract was presented to Town Council Tuesday, Feb. 10, to formally document and ratify the action taken.
Haines said she was not in favor of the work on the project moving forward before being approved by the council.
“There’s a process for how and if we approve these things; I think it should have come to council,” she said. “I don’t see this as a hurricane expense or an urgent expense that couldn’t come before council before we retroactively are approving things to spend money. We know we’ve got a lot of things going on with the budget, and I just think we need to do it the right way.”
Haines suggested the Parks and Recreation Committee look into potential fundraisers to support the resurfacing efforts because the town is spending nearly $30,000 and “the old cracks will reappear” in the courts.
“The question is, how long (until) we’re right back where we are?” she said.
Council member Tony Davit agreed with Haines and said he does not like the precedence of going forward with a contract without council approval.
“It’s just a bad way of doing business,” he said. “What would happen if the council and I voted this down? Is there any clause in the contract (that would make it) null and void? I don’t think so.”
Town Council recognized the members of the Centennial Committee for their efforts in organizing events and initiatives to celebrate the town’s centennial throughout 2025.
“We had an amazing committee who dedicated very significant amounts of time, talent and treasure to making the event such a success,” Mayor Jim O’Brien said.
Committee members included CT Allen, Dorothy Burkhalter, Andy Williams, Tonya Elliott-Moore, Debi Lake, Bill Martini, Chris Sapp, Kim Head, Molly Rose, Jayson Bonk and Gregg Anderson.
O’Brien said he is proud the committee consists of members from various aspects of town including town administration, the police department, public works, Windermere Town Council, the Rotary of Windermere and residents.
The centennial celebrations included the centennial lanterns and lighting ceremony; a tree giveaway to create a centennial tree walk for the future; the dedication of legacy benches; a centennial pathway with a medallion in Central Park; centennial Christmas ornaments; and a centennial fair. A time capsule from 1975 was unveiled, and a new time capsule to be un-tombed in 50 years was buried.
“What’s most beautiful about our town is the people who love our town, the people who care about it,” O’Brien said. “I think we’re able to mark this special year in a really appropriate and special way and set the tone for the future, to bring us all together, unite us.”
O’Brien presented the committee members with their own centennial flags to match the ones that were placed around town.
