Bern’s Steak House wants a judge to stop Tampa’s $100 million South Howard flood project, and the legal fight could come down to who controls the ground and who pays for the work.
Bern’s, companies tied to the Ciccio Restaurant Group and the Epicurean Hotel, and other property owners filed two class-action lawsuits Thursday. The defendants are the City of Tampa, Mayor Jane Castor, contractor Kimmins Contracting Corp. and engineering firm AtkinsRéalis USA Inc. The claims are allegations and have not been tested in court.
The project would install large box culverts under South Howard and West Swann avenues to carry floodwater away from the Parkland Estates and Palma Ceia Pines neighborhoods. Construction is expected to tear up South Howard for three to four years. It could begin in spring 2027, after Gasparilla.
The first lawsuit alleges the city diverted $13.4 million from a taxpayer-assessed stormwater fee to about a dozen other projects without the required public hearing. It also alleges the city awarded the $92.7 million construction contract to Kimmins without following proper selection guidelines.
The second lawsuit argues the city holds an easement for the street surface but not the property rights needed to dig trenches under private land. The SoHo Business Alliance separately filed a public records lawsuit against the city in June over project delays and disruption to businesses.
The city declined to comment. Public Affairs Manager Natalia Verdina said it can’t discuss pending litigation. Before the City Council approved the project in September, the city’s Mobility Department called it the only way to address decades of flooding in nearby neighborhoods.
The plaintiffs are asking a judge to block construction until the disputes are resolved. For now, the project remains on schedule, but a court order could change that.
Flooding is a real problem, and the courts will decide who is right. Still, property owners and ratepayers are asking whether a project this size followed the rules on property rights, public hearings, and bidding, and the city hasn’t answered those questions yet.
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