TAMPA, Fla. - Bern's Steak House is serving up a legal battle against the City of Tampa.
The iconic restaurant and five other property owners have filed two class-action lawsuits challenging a $100 million flood relief project along South Howard Avenue.
What we know:
Bern's Steak House, companies tied to the Ciccio Restaurant Group and the Epicurean Hotel filed two class-action lawsuits Thursday in court. The legal action names the city of Tampa, Mayor Jane Castor, contractor Kimmins Contracting Corp. and engineering firm AtkinsRéalis USA Inc. as defendants.
The $100 million project plans to install large box culverts under South Howard and West Swann avenues to drain floodwaters away from Parkland Estates and Palma Ceia Pines. Construction is expected to tear up South Howard Avenue for three to four years and could start in spring 2027 after Gasparilla.
The backstory:
The first lawsuit alleges the city illegally diverted $13.4 million from a taxpayer-assessed stormwater fee across a dozen other projects without holding a required public hearing. It also claims the city awarded the $92.7 million construction contract to Kimmins without following proper selection guidelines.
The second lawsuit claims Tampa holds an easement for the street surface but does not own the property rights required to dig trenches underneath private land. The SoHo Business Alliance previously filed a public records lawsuit against the city in June regarding project delays and business disruptions.
What they're saying:
FOX 13’s Blake DeVine reached out to the City of Tampa for a response to these lawsuits.
Public Affairs Manager Natalia Verdina said the city cannot comment on pending litigation.
Ahead of Tampa City Council’s approval in September, city officials defended the project. The City of Tampa's Mobility Department described it as the only way to address decades of flooding in nearby neighborhoods.
What's next:
The property owners are asking a judge to block construction along South Howard Avenue until the legal disputes are resolved.
For now, construction remains on track to begin after Gasparilla, in spring 2027. That timeline could change if a judge orders the city to put the project on hold.
The Source: Information for this story came from statements from the City of Tampa, court documents filed in Hillsborough County and previous reporting on FOX 13.