Neighbors Tell Court They Plan to Resolve Suit Over Virginia Heights Park
In dispute is how the private park on Lake Virginia can be used after high-profile neighbors on both sides sought to limit access
Aug. 20, 2026
By Gabrielle Russon
Lawyers representing the Virginia Heights neighbors warring over a park said they are close to reaching a deal to end the legal fight and dismiss the lawsuit.
“We anticipate resolving this matter in short order,” lawyer David Meek told Orange County Circuit Court Judge Tanya Davis Wilson during a hearing Wednesday. “We anticipate this will go away shortly.”
Meek is representing Eric and Diane Holm and Brian and Caryn Albertson who sued their Virginia Heights neighbor Stephanie Guss over “filthy” kayaks stored at the park and “offending shrubs” that are visible from the backyards of the Holms and Albertsons.
The private park overlooking Lake Virginia is a beloved gathering place for residents in one of the oldest neighborhoods in Winter Park, but the spot has been embroiled in a nasty legal fight among residents.
The Holms and Albertsons, who live on either side of the park, filed an Orange County Circuit lawsuit last year against Guss. A narrow path to the park cuts along the property lines of both homes.
Eric Holm, one of the nation’s largest Golden Corral franchisees who lives in the 10,000-square-foot home just west of the park, is known for his charitable work such as serving a Thanksgiving dinner for thousands at the Salvation Army in Orlando and made headlines in 2024 when he hosted Vice President J.D. Vance (then a candidate) at his home for a fundraiser. The Albertsons built a nearly 8,000-square-foot home on the southeast border of the park two years ago.
Guss and the two couple’s lawyers filed a joint motion last week asking the courts for a two-month court delay to finish negotiating and reach a resolution to avoid going to a civil trial.
“It has had a lot of back and forth on negotiation,” Meek said during Wednesday’s hearing.
Neighbors gathered last year at Virginia Heights’ private park with homes belonging to Brian Albertson and Eric Holm in the background.
Their court filing expanded on the behind the scenes talks for the park shared by the 200 homes in the neighborhood.
“This case is unique in that while there is one named Defendant, the interests of numerous other owners of the park are involved both in the relief sought in the litigation and, to an even greater extent, in the negotiations towards a resolution that have been ongoing for an extended period of time. The extensive negotiations towards a resolution have included multiple Virginia Heights neighborhood meetings, votes of the interested homeowners, and extensive back and forth aimed at a resolution,” the lawyers said in the court filing. “The parties have been engaged in good-faith negotiations regarding a global resolution of this dispute, and anticipate having a final resolution in place in the very near future.”
The joint motion added “once a resolution is reached there will be certain tasks to be performed by both sides to bring about the full resolution of this dispute and its dismissal.”
When reached for comment, Brian Albertson said in an email Thursday, “We remain optimistic that this can be resolved between the sides and that we are nearing that resolution.”
Both sides did not respond to questions to elaborate on what “tasks” needed to be done.
Some neighbors left about 30 kayaks, oars and lifejackets on storage racks at the park, located at 1240 College Point, the lawsuit said.
“Recently, that private right to use and enjoy the park has been invaded through the taking of a portion of the Park property for private use,” the lawsuit said. “Many of the kayaks in and around the racks are filthy, showing no signs of use within the last year or more and are covered in dust, dirt, and mildew.”
The Holms and Albertsons complained bushes were also planted at the park.
“The planting of these bushes, like the erection of the racks, is an improper taking of the park for personal use,” their lawsuit said.
Guss became the target of the lawsuit since she helped coordinate the neighborhood’s inquiries for the boat racks. Neighbors quietly rallied around Guss and raised money to help with her legal expenses. Some neighbors said they feared they might be sued next.
The lawsuit noted Guss had “co-conspirators that are yet-to-be-identified members of the community” as the Holms and Albertson took Guss to court in 2024 to unsuccessfully find out the other neighbors’ identities.
“Consequently, Plaintiffs have initiated this lawsuit for the purpose of pursuing available remedies against Guss, and as their identities are revealed, Guss’s co-conspirators,” the lawsuit said.
Residents of the neighborhood said Holm and Albertsons installed cameras and floodlights and are using legal action to intimidate people from using the space for neighborhood holiday parties, Halloween costume contests and more.
The Holms and Albertsons previously told the Winter Park Voice in a statement their lawsuit’s goal “is to get clear, workable guidance that everyone can follow in 2026—so deeded homeowners can enjoy the park while the adjacent homes can maintain reasonable privacy and security.”
Some neighbors sent an anonymous statement to the Voice in January.
“For over a century, Virginia Heights Park has been our neighborhood’s heart, where families gather, children kayak, and over 200 homeowners enjoy deeded lakefront access specifically platted for community use. The park has evolved over the decades through neighbors’ collaborative efforts: maintaining and mowing the grass, planting trees, maintaining kayak racks, installing picnic tables, all funded and maintained by volunteers preserving our shared space,” their statement said. “Today, this tradition of community stewardship faces an existential threat, not from neglect, but from litigation.”
WinterParkVoiceEditor@gmail.com
How shameful for rich bullies, living in giant mega houses to try to control a local neighborhood park that has been there for decades and decades for all College Point residents.
They should go to court, the judge should rule in the neighborhood‘s favor and make the bullies pay all legal costs.
I’m sure glad they don’t live in my neighborhood!
“Offending shrubs” and “existential threat” sound like material for a third Winter Park book from those Happy Wife and Perfect Life authors! And throw in Merrywood for additional plot!
I wonder when Mr. Holm will be called to task for his “apparently” illegally placed surveillance station and light pole on College Point which appears to be in the public right of way. This Big Brother apparatus lights up like something on top of the Berlin wall whenever a motion detector is triggered by pedestrians or motorists passing in front of it on the public thoroughfare and, to this untrained eye, seems to be placed in the public right of way, not on his property.
Sure hope the neighborhood prevails and can recover the cost of litigation from Holms and Albertson. Jerks is too kind a word for them.
My mother bought our home on the Chain back in 1943, and when my father returned from WWII, that is the home he returned to. My brothers and I enjoyed an idyllic childhood swimming, skiing, fishing, canoeing, and traveling the lakes to visit friends. Back then, real people lived on the Chain, mostly in middle class homes owned by local business proprietors. What is happening in WP now is disgraceful, and these over-privileged McMansion dwellers should be ashamed of themselves.
I doubt any person in WP would like to live next to a secluded lakefront park that is open to anyone, especially after hours. Ask WPPD. Years ago, when the Galloway property on Lake Maitland was being sold, a next door neighbor proposed the city buy it for a park. The chief of police told him what happens in Kraft Garden, across the lake from Galloway property, after dark. Virginia Heights park is even more secluded. Maybe cut the adjacent neighbors a little slack?
This same problem has happened on Lake Osceola and Lake Maitland. New Blighters save a few bucks by moving next to community lakefront property. Then they send in their Lawyers to annex the community property and assert control over their new neighbors and communities. We wish you all the best of luck; once they get established, you may as well salt the ground and leave.
@Pitt Warner: A wise man once said, “You can’t purchase a hardship.” If Messrs. Holm and Albertson had done their homework, they would have seen that the neighborhood lake lot had existed and been in use for decades before their moving in. It has had the same kayaks, canoes, trash cans, and the like for years. The prior residents of the homes that were demolished to make way for the current structures understood that and lived there in harmony with this commonly owned neighborhood asset.
It’s the same as moving next door to an airport and then calling the Airport Director daily to complain about airplane noise… in other words, total BS. Your argument holds less water than a boat constructed of Swiss Cheese – you used to be smarter (or more honest) than this comment makes you appear to be. You can do better.
@John Dough-Personal insults are easy to make when you hide in anonymity.
These neighbors knew the park was there before they built their houses and they built them anyhow. Their complaints are more of an entitled nature… Mr Albertson wants an entirely unobstructed view from his 2nd floor window and objects to any trees in the park which might block that view. He has even taken it upon himself to go into the park and cut limbs or actual trees out of the park so he can have his view. He chained up garbage cans because they interfered with his enjoyment of the park. Both parties use the park as extensions to their property when they need a place to set up for their private events or to dump building material for their construction work.
The park is maintained by donations from the community and volunteer work by neighbors… of which neither plaintiff has ever participated.
I believe the Albertsons recently bought their property on Lake Virginia they bought this property and built their new house fully knowing the community park was right next to them. Maybe they should have put up a tall wall on that side of the property with even taller shrubbery. Also maybe both the Holmes and Albertsons might want to invest in helping spruce up the Park.
The fact that the Holms and Albertsons decided to “break” something that had worked well in a community, to which they were latecomers, for decade after decade speaks eloquently to the situation. I agree with the commenter who suggests shrubs and walls for these 2 families. They knew or should have known of the existence of all the many years of usage by their fellow shared-park owners. Filthy kayaks? The horror. The judge could easily make this right by ordering them to fund upkeep and maintenance of the kayaks, racks and park for as they as they reside in their homes, right after they install a “Welcome, Neighbors” sign. It would also be wonderful if they had to pay the costs of all the litigation they caused. But unless there is provision for this in the law or by contract, this element of fairness will not happen.
I want to thank all the people who submitted a comment supporting the neighbors . I am the longest living neighbor in Virginia Heights it is 60 years since we bought our house. In all those years there was never a problem. I like to remember the Halloween parties and Thad Seymour would lead the parade of all the children in their costumes while the “judges” worked on prizes. That is what neighborhoods should be. I hope we can return to that kind of neighborhood.
I support the Holm’s and the Albertsons in their efforts to curb the behavior of the individuals who have been taking advantage of the property. The private park overlooking Lake Virginia, situated between their two homes, has been transformed into an unsightly place. From the lake it looks like an eyesore. What was once a beautiful vacant open lot has now become a storage facility for personal boats and kayaks, and planted shrubs designed to hide the uglines . If these actions continue unchecked, I am certain that more personal belongings will be stored on the property and more modifications will be made to further accommodate those who are misusing this land. It is imperative that the property be returned to its original state and that the kayaks, kayak storage, and any other personal belongings left behind be removed from the land. Lastly, I believe there should be rules set to that allow homeowners with deeded park rights to use the park while protecting the adjacent homes’ “reasonable privacy and security.” The folks that have invested in their lakefront properties deserve that.