Trial for legal fight over parking credits for historic Naples building postponed by judge

The Olde Naples Building on Third Street South in Naples.

A trial involving parking credits for a historic Naples building has been postponed by the judge.

No new date was set for the nonjury trial that had been scheduled for this week in Collier Circuit Court.

Neapolitan Enterprises — a competing property owner and landlord on Third Street — filed the lawsuit, challenging the city's administrative decision to approve parking credits for the Olde Naples Building.

More: Legal fight over parking credits for historic Naples building headed to trial

2012:Restoration underway for Olde Naples Building

In the long-running legal dispute, Neapolitan took action against the city and two companies controlled by the Camaliers: Broad Avenue LLC and Olde Naples Building LLC, the owners of the iconic building.

Circuit Judge Lauren Brodie, who is handling the case, asked for the trial to be delayed.

"The only thing I know is that the judge had an emergency and cancelled the trial. It was not due to anything on the part of the parties," said Kara Jursinski Murphy, a Fort Myers-based real estate attorney representing the city, in an email.

Naples attorney Michael Moore, who represents Neapolitan, said in an email he was informed Monday morning about the judge's decision to postpone the trial.

"It is my understanding that the judge is out of the office this week," he said. "We were informed that when the judge returns to the office next week we will likely have a status call to reschedule the trial."

Andrea Testa, Brodie's judicial assistant, confirmed the judge had an emergency and said the judge "will be having a status conference when she gets back to the office some time next week."

Document:Read the lawsuit

More:Developers tweak plans for Old Naples Hotel on Third Street South

Last week Neapolitan filed a motion to exclude "all testimony pertaining to" its parking ahead of the trial. The defendants filed an objection to that motion with the court Monday, the same day the trial was cancelled.

In their objection, the city and the building's owners said Neapolitan's latest motion was a "premature attempt to achieve blanket protection over an area of inquiry that may or may not become relevant" during trial.

The judge has not ruled on that motion. 

With the lawsuit pending over its parking the Olde Naples Building at Third Street South and Broad Avenue South sits empty.

The landmark building, built in 1921, has been home to one of the city's earliest development companies, a church, City Hall and a movie theater. It last housed a popular grocery store and sandwich shop known as Fantozzi's, which closed in 2006.