Property Owners Sue Tampa to Stop South Howard Flood Project

Bern's Steak House and five other South Tampa property owners have filed two lawsuits against the City of Tampa seeking to block the roughly $100 million South Howard flood relief project, a plan to bury large box culverts beneath South Howard Avenue that Tampa City Council approved 4 to 3 in September WUSF. Construction is currently scheduled to start in spring 2027, but a court order could change that FOX 13 News.

What Happened

The suits name the City of Tampa, Mayor Jane Castor, contractor Kimmins Contracting Corp. and engineering firm AtkinsRealis USA as defendants WUSF. Plaintiffs include Bern's, companies tied to the Ciccio Restaurant Group and the Epicurean Hotel, and other property owners along the corridor FOX 13 News. The owners have asked a judge to halt construction along South Howard Avenue until the disputes are resolved FOX 13 News.

The city's communications office said the administration does not comment on pending litigation WUSF. Before the council vote, the city's Mobility Department described the project as the only way to address decades of flooding in nearby neighborhoods FOX 13 News.

The Project

The design calls for about 6,500 feet of box culverts, which the city has described as an "underground stormwater river," to carry stormwater from flood-prone Palma Ceia Pines and Parkland Estates to Hillsborough Bay WUSF. The culverts would run under South Howard and West Swann avenues FOX 13 News. The project is planned in two phases, and South Howard would be excavated for the work WUSF.

Reported figures on cost and duration vary by source:

• Cost: WUSF reports that 2023 bond documents estimated $76 million and that the first phase is priced at about $100 million WUSF. FOX 13 reports a $92.7 million construction contract awarded to Kimmins FOX 13 News. The plaintiffs' attorney, Edward P. de la Parte, estimates both phases at $181 million to $230 million WUSF.
• Duration: FOX 13 reports South Howard would be disrupted for three to four years FOX 13 News. De la Parte argues construction will take longer than the city projects WUSF.
• Start: Spring 2027, after Gasparilla FOX 13 News.

The Two Lawsuits

Funding and procurement. The first suit challenges the use of a stormwater improvement assessment and related bond money. It argues the project has grown significantly in scope and cost since the bond documents and that the city did not follow required notice procedures WUSF. FOX 13 reports the suit alleges the city diverted $13.4 million from the assessment to a dozen other projects without a required public hearing, and challenges how the construction contract was awarded FOX 13 News. De la Parte also argues that $4 million to $7 million in streetscape work is not stormwater work and should not be paid from the assessment. This suit seeks declaratory and injunctive relief without a jury WUSF. These are allegations in a complaint, and no court has ruled on them.

Property rights. The second suit argues the city holds a public easement over South Howard as a street but does not own the land beneath it. According to the filing, developers who recorded the street in subdivision plats between 1902 and 1924 dedicated it for public use without transferring the underlying land. The plaintiffs say plans show construction extending onto private property and that the city must acquire additional rights before excavating. This suit seeks a jury trial, declaratory judgment, an injunction and damages WUSF.

The cases follow a June public records lawsuit by the SoHo Business Alliance over documents related to the project FOX 13 News.

Implications for Owners, Developers, Contractors and Subs

• Schedule risk on a large civil package. Until the court rules on the requested injunction, the spring 2027 start is uncertain. Subcontractors and suppliers lining up for culvert, dewatering, utility relocation and paving scopes should plan for possible delay.
• Right-of-way title matters. The property rights claim turns on century-old plat dedications. Any public works project that excavates deep beneath older streets can face similar questions, and owners should confirm subsurface rights before design is final.
• Assessment-funded projects draw scrutiny. When scope and cost grow after bonds or special assessments are approved, notice and public hearing requirements become points of attack. Public owners in Florida should document those steps carefully.
• Business disruption is a cost driver. Multi-year corridor closures in dense commercial districts tend to generate organized opposition, which can affect phasing, access requirements and maintenance-of-traffic plans.

What to Watch

The key near-term event is whether a judge grants the injunction the property owners requested. Watch also for the city's formal response in court and any change to the project's spring 2027 start date.

Bottom Line

Tampa's South Howard flood relief project is now in litigation on two fronts: how it is funded and whether the city has the right to dig where it plans to. For the Tampa Bay construction market, the outcome will determine when a major civil package reaches the field.

Image credit: Rick Mayer / WUSF. Image from the source article.

Sources

• WUSF, "Bern's, other SoHo property owners sue Tampa over massive stormwater project": https://www.wusf.org/courts-law/2026-10-12/berns-soho-property-owners-sue-tampa-massive-stormwater-project
• FOX 13 News, "Bern's Steak House sues Tampa over $100M South Howard flood project": https://www.fox13news.com/news/berns-steak-house-sues-tampa-over-100m-south-howard-flood-project