A Tampa father remains in jail with no bond after a long-running civil dispute over a backyard guest house, pool, and pickleball court escalated into a contempt finding and arrest, even though his family and legal team say the city originally issued permits for the improvements.
FOX 13 Tampa Bay reporter Ariel Plasencia reported from Beach Park, a South Tampa neighborhood, where Michael Martin’s two-story guest house is still standing behind his home. According to Plasencia, neighbors challenged the legality of the backyard construction, and a judge ultimately ordered Martin to demolish the guest house and remove the pool and pickleball court.
Because those structures are still in place, Plasencia reported, Martin was found in contempt and arrested.
The case has now raised an uncomfortable question for property owners: What happens when a city approves a project, a homeowner builds it, and a court later decides the land was never buildable in the first place?
A Backyard Project Turns Into A Legal Fight
Plasencia reported that Martin bought several adjacent Beach Park properties in 2017 and later went through what his attorney described as a “well-known and frequently used city process” to reconfigure them into three lots.
His civil attorney, Sam Heller, told FOX 13 that the process went through city channels, including a city council vote, and that Martin eventually built his home on the middle lot.
The dispute centers on a triangular section of Martin’s backyard that used to be part of an old cul-de-sac, labeled “E” on a plat map Heller showed during a press conference. According to Heller, the area was connected to an old alley that had been vacated decades earlier, and he argued there was “nothing unusual” about improvements being built on land that had once been part of an alleyway or turnaround.
Plasencia said Martin’s team maintains that the city of Tampa approved and issued the permits allowing him to build the two-story guest house, pool, and pickleball court on that portion of the property.
From the outside, that is what makes the case so striking. Most homeowners would assume that if the city reviews plans, issues permits, and allows construction to proceed, the project is legally safe. This case shows how messy that assumption can become when neighbors challenge the underlying land rights in court.
Neighbors Said The Land Was Not Buildable
According to Plasencia, the Babbitt family, Martin’s neighbors, disagreed with the city’s approval and filed a lawsuit after construction began.
Court documents cited in FOX 13’s report show the Babbitts argued that “Block E” was set aside as a public area and was not appropriate for development. They also argued that the plat had never been abandoned or nullified, meaning Martin should not have been allowed to build on that section of land.
The Babbitts also claimed the guest house blocked sunlight and diminished their property value, according to the report.
Trae Weingardt, the Babbitt family’s attorney, previously told FOX 13 that his clients questioned the construction as soon as they saw footers being poured in what they believed was a city block that was not buildable.
“From the Babbitts’ perspective, whoever carries the blame or shares the blame, it wasn’t the Babbitts,” Weingardt said in the report. “And all they want is the block restored to the way the law requires it to be.”
Plasencia noted that FOX 13 reached out again to Weingardt for comment and had not yet heard back at the time of the report.
The Court Ordered Demolition
The court eventually sided with the Babbitts. Plasencia reported that Hillsborough County Circuit Judge Christopher Nash signed a final judgment in October 2023 declaring that the guest house being built on Block E was illegal and violated the plat, city code, and Florida law.
The judge ordered Martin to remove the structure and related improvements and restore Block E to the condition of a non-buildable block.
Martin’s legal team said that order would require him to demolish the guest house and remove the backyard improvements, a process they estimate could cost up to $800,000.
Heller told FOX 13 that Martin appealed and that his team took the position that demolition should not go forward while the appeal was pending.
“We took the position that the demolition could not go forward because to do so would render his appeal moot,” Heller said.
The logic is easy to understand, even if the court disagreed with it. If a homeowner tears down the very structure he is appealing over, then even a later legal victory could come too late to matter in any practical sense.
But the court treated the failure to comply with the demolition order as contempt, and Plasencia reported that Martin was arrested and remains in jail.
Family Says The Arrest Has Been Devastating
Martin’s family and legal team held a press conference Tuesday, saying they wanted to explain how the case reached this point.
His 18-year-old daughter, Mischa Martin, told FOX 13 that the last time she saw her father was when he was arrested last month.
“My dad’s a very open, happy guy,” she said.
Mischa said her father is a businessman who helps people in the Tampa community, and she said his absence has been difficult for the family. According to FOX 13’s written report, she is unsure whether he will be able to attend her upcoming graduation from the Academy of the Holy Names.
“He’s actually a person with a really big heart who really cares about others and shows up for other people,” she said in Plasencia’s report.
Realtor Melissa Herrera, described as a family friend, said the case is also prompting questions from her real estate clients because it appears to undercut the confidence people normally place in city permits.
“This case is saying that permits are not valid, which shouldn’t be the case,” Herrera said.
That concern may be one of the broader takeaways. Whether someone agrees with Martin, the neighbors, or the court, a case like this creates anxiety for anyone who has ever relied on government approvals before spending serious money on a home improvement project.
City Says The Courts Overruled The Approval
Plasencia reported that FOX 13 received a statement from the city of Tampa, which said the city did approve the improvements, but neighboring residents challenged that decision in court.
“The court ultimately ruled that the area in question was not buildable — a decision that was later upheld on appeal,” the city said in its statement to FOX 13. “This is a legal matter between the litigants and the courts.”
That explanation makes the city’s position clear, but it does not necessarily make the situation feel less troubling for property owners. If a homeowner can follow the process, receive permits, build the project, and still wind up facing demolition and jail after litigation, then the practical value of those permits becomes a much more complicated question.
At the same time, the neighbors’ argument cannot simply be brushed aside. Courts exist in part to review whether government approvals were lawful, and if a property owner builds on land that is later found to be restricted, a permit alone may not solve the underlying legal problem.
The hard part is that both ideas can be true at once: homeowners need to be able to rely on government approvals, and neighbors need a way to challenge development they believe violates the law.
Legal Team Seeks A New Path
Plasencia reported that Martin’s legal team said it planned to submit a renewed application to the city asking for a replat. They are also challenging the court’s jurisdiction over the contempt finding, the arrest warrant, and the continued enforcement of the demolition order while the appeal process continues.
Heller said the only current way for Martin to get out of jail is to complete the court-ordered demolition, with no bond requirement attached.
For Martin’s family, that means the dispute is no longer just about a backyard guest house, a pool, or a pickleball court. It is now about whether a father remains jailed in a civil property case while his lawyers continue trying to undo or modify the order that put him there.
Plasencia called the case unusual, and that may be an understatement. What began as a permitted backyard project in one of Tampa’s most desirable neighborhoods has turned into a legal battle over plats, old public land, neighbor rights, city approvals, appellate procedure, and contempt power.
The final outcome remains uncertain, but the case has already become a warning for anyone planning a major home improvement: a permit may be necessary, but in a complicated property dispute, it may not be the last word.
Gary’s love for adventure and preparedness stems from his background as a former Army medic. Having served in remote locations around the world, he knows the importance of being ready for any situation, whether in the wilderness or urban environments. Gary’s practical medical expertise blends with his passion for outdoor survival, making him an expert in both emergency medical care and rugged, off-the-grid living. He writes to equip readers with the skills needed to stay safe and resilient in any scenario.
