Don Bourgeois was planning for a stable retirement in Largo, Florida, so he invested in a multi-unit rental property. He planned to use it as a form of passive income as he enjoyed his retirement years.
Unfortunately, the City of Largo had other plans. These plans led to a legal battle that lasted nearly a decade.
Bourgeois purchased the rental property in 2013 for $260,000. He wished to repair it and rent it out. As a seasoned builder with an architectural engineering degree, he obtained the permits and got to work.
However, the city revoked his permit, claiming that, as a commercial property, he was required to hire a contractor licensed in Florida, despite his many years of experience. He forged ahead and invested thousands of dollars to comply with the city’s demand.
“I thought I was following the rules,” Bourgeois told me. “Nobody told me I wasn’t doing the right thing for 10 years.”
Despite following the required protocol, the city claimed he was in violation because he had not made the proper repairs. These weren’t issues like collapsing buildings or fire hazards. As Bourgeois explained, “They were a little bit of rotten wood, some work on the roof…nothing that rendered the property uninhabitable.”
Bourgeois was only given 30 days to appeal the initial violation notice. However, he was in New Hampshire taking care of his mother, who was sick at the time. There was no way he could get back in time to make the requested repairs. Meanwhile, he had racked up a substantial amount of fines — $250 per day.
However, a city official assured Bourgeois that after he made the repairs, they would waive these fees. “Once that 30-day appeal period was up, those fines…become a lien,” said Johanna Talcott, an attorney with Pacific Legal Foundation (PLF), which is representing Bourgeois.
Despite making the repairs, the city decided to foreclose on his property, effectively stealing it from him. “I kept pulling permits and making repairs over the years. Roofs, decks, everything. I even posted a $50,000 bond to delay foreclosure. The city’s own internal emails said I was compliant. Then—three weeks later—they foreclosed anyway and sold the property for $99,000, even though it was valued at nearly $500,000.”
Bourgeois added: “They set me up to basically put all this money [in]. If I had know, I would have backed out.”
He even had to confront the city after discovering that an official had falsely claimed he had done nothing to improve the property. “I said, ‘I’ve had at least three or four permits pulled to redo roofs and other things on this property.’” The city eventually acknowledged this in internal emails, which stated he was “fully compliant.” But in the end, this didn’t matter.
After seizing Bourgeois’ property, they turned around and sold it for $99,000, far less than what it was worth.
This is the foundation of Bourgeois’ federal lawsuit against the city. PLF argues that the local government violated his constitutional rights. “The ultimate claim there on the excessive fines is that this is disproportionate to the harm that taking someone’s property, charging them $600,000 for these minor code violations, violates the Eighth Amendment,” Talcott said.
“The second claim that we’re bringing is a procedural due process claim and that is related to that 30 day window of time that Don had to appeal the initial municipal order… once that became a lien, he only had 30 days to appeal it,” the attorney explained. “But those fines kept accruing for the next six, seven years, so to never have another notice of those fines continuing to accrue, especially given them telling him that they could ultimately be forgiven… again, we think that that’s a procedural due process violation. You should have an opportunity to challenge those ongoing fines especially if each day is effectively treated as another violation.”
Unfortunately, Bourgeois’ story is not an isolated case. Several Florida cities have shown a pattern of using excessive fines to foreclose on people’s property, according to a 2023 Miami Herald report. The article revealed that these cities frequently impose fines of over $100 per day for supposed code violations.
Indeed, even after the city seized Bourgeois’ home, it still attempted to collect the $600,000 in fines. The property owner ultimately defeated this cash grab, but not after shelling out money to fight the battle.
The Miami Herald notes how several cities and counties in Florida began this practice after hiring attorney Matthew Weidner, who gets a hefty payment from the foreclosures. Starting in 2019, he convinced local governments that pursuing these foreclosures “could produce ‘much needed municipal revenue.’”
Under his contract with Largo, he was able to rake in between 25 and 40 percent of what the city received in each case. The report notes that he has filed 49 lawsuits against private property owners on behalf of Largo, getting more than $470,000 in fees. He has racked up over $3 million in total from the cities and counties he represents.
“He used to represent people being foreclosed on,” Don noted. “Then he saw he could make more money by switching sides.”
Many of those who lost their property could not afford to hire legal representation. This meant the cities’ efforts went largely unchallenged.
Through his lawsuit, Bourgeois and PLF hope to put an end to these practices.
“We filed the complaint… their response will be due on July 9,” Talcott said. The team is also pursuing broader legislative reform. “PLF also has a pretty strong legislative effort… once our governor heard about this… he would probably support reform.”
This case is more than a personal tragedy—it is also a warning.
Talcott noted that local code enforcement is not always about safety. Sometimes, it’s about power and profit. “Even if you’re uncertain, consult with an attorney… a little investment on the front end can really save you,” she said.
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