Last year, then-Circuit Judge Glenn Hess shot down plans for a twenty-two story condominium project at Laguna Beach called the Mayan. Friday, the District Court of Appeals in Tallahassee reversed Hess’ ruling.

Five-years ago, during the condo boom, realtors were able to pre-sell all 279 units of the Mayan condominium in record time, before construction began.
But the Mayan never got off the ground, for two reasons.

First, the condo market imploded. Second, a group of neighbors challenged it in court, claiming the Mayan didn't fit in at Laguna Beach and would disrupt their quiet neighborhood.

They argued Bay County commissioners violated the county's comprehensive plan when they approved the project.

The two-acre Mayan property was zoned "seasonal resort" which allows only 15 "residential" units per acre.

Hess ruled that if sixteen units per acre was a violation, then 279-units on two acres would certainly be a violation.

But this morning, the District Court of Appeals sided with the county and the developer, saying the Mayan was classified as a "resort condominium", basically making it a motel.

The court pointed out that, under Florida law, "resort condominiums" are temporary rentals, and not full-time residences, making the Mayan project legal on "seasonal resort" zoned property.

But the decision, according to the developer Bayne Collins, is a moot point because of the bad economy. He says it could be several years before the condos are built.