Bern's Steak House Sued Tampa Over Flood Project

The restaurant and five other local businesses are seeking to halt a $100 million city flood mitigation effort.

Updated on Oct. 12, 2026 in Openings & Closings

Bern's Steak House Sued Tampa Over Flood Project

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Bern's Steak House and five other businesses have filed a lawsuit against the city of Tampa, aiming to block a $100 million flood relief project. The litigation challenges the city's procurement processes and the allocation of public funds for the project.

Why it matters

The lawsuit underscores the significant operational stakes for local businesses when municipal infrastructure projects scale rapidly and potentially impact street access and utility fee usage. With project costs rising, business owners are seeking more transparency in bidding and budget oversight.

The flood relief project's budget has surged to $100 million, more than double the original $45 million estimate. The lawsuit also contests $13.4 million in stormwater fees and a $92.7 million contract awarded to Kimmins Contracting Corp.

The players

Bern's Steak House

A long-standing Tampa institution with 70 years of business operations.

Kimmins Contracting Corp.

The construction firm awarded a $92.7 million contract for the city's flood relief project.

City of Tampa

The municipal government overseeing the infrastructure development and stormwater utility management.

The details

Plaintiffs allege that the city of Tampa improperly redirected $13.4 million from stormwater fees toward streetscaping without the required public hearings. Additionally, the suit claims the city bypassed established selection guidelines when awarding the $92.7 million construction contract to Kimmins Contracting Corp. The businesses are requesting a court order to halt the project, which is currently scheduled to cause three to four years of construction in the area.

Timeline

  1. September 2026: City officials approved the flood relief project plan.

  2. October 8, 2026: The lawsuit was filed in Hillsborough County.

  3. Spring 2027: Construction on the flood relief project may begin.

Market Landscape

This dispute marks a significant challenge to the city of Tampa's interpretation of municipal procurement and public hearing statutes. It highlights the growing tension between local municipal infrastructure goals and the operational stability of existing businesses.

Business owners should review how local infrastructure projects in their area are funded and whether project contracts followed established public hearing requirements. Monitoring project timelines and budget variances is critical to planning for potential long-term access disruptions.

The takeaway

Large municipal projects often bring significant disruption that can outlast the initial construction phases. Operators should track local council agendas and procurement filings to anticipate capital projects that may impact site accessibility or local tax and fee structures.

What happens next

Construction is expected to begin in spring 2027 if the court does not grant the requested injunction.

Further reading

For more on the local commercial environment, see the Openings & Closings section.

Source note: This article includes information reported by Sarasota Herald-Tribune.

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