Panel rules eagles won't stop homes

BY JIM WAYMER
FLORIDA TODAY

Ralph and Alice had their day in court, and lost. Now, their honeymoon may be over in Suntree.

The pair of squabbling bald eagles that residents named after the 1950s TV show, "The Honeymooners," still perch around, for now.

But a three-judge panel has cleared the way for a developer to build 65 homes on 39 acres next to where the eagles nest, west of Wickham Road and between the Pineda Causeway extension and St. Andrews Isle.

The 18th Circuit Court in Viera ruled that Brevard County failed to prove the development would have significant impact on the species' long-term survival.

In April, by a 4-1 vote, Brevard County commissioners denied the Sawgrass Land Development's attempt to map 39 acres for single-family homes.

The developer, Hugh Evans, first applied in December 2000 to build Sawgrass South at Suntree. But the eagles, some owls and nearby residents delayed his plans.

In 2001, the U.S. Fish and Wildlife Service said Evans could build, as long as he avoided the Oct. 1 to May 15 eagle-nesting season.

But great horned owls spooked the eagles from a nest near the site. The eagles then started building another nest -- on the proposed building site.

The developer agreed to set aside several lots for the eagles.

But nearby residents said the construction would scare the eagles away for good.

Frank Rockwell, a St. Andrews Isle resident, keeps a daily log of the eagles' appearances in the neighborhood. He was displeased with the judges' decision.

"This is still a very active eagle habitat," Rockwell said. "There are a lot of territorial fights now because of the diminished habitat."

What's next

The Sawgrass South development is expected to go back to county commissioners for reconsideration early next month.

A proposal could remove bald eagles, currently listed as threatened, from the federal endangered species list.

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