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Item F2 ~/14/00 .~58 FAX 30529643;l-L- MorganHendrlck3052964331 ~OO1/004 I - LAW OFFICES 3 I 7 WHITEH~Cl STREET KEY WESt'. FLORIDA 33040 w. CURRY HARRIS ( I Q07 - I Qee) HILARY U. ALBURY IIQ20'1009) HUOH ..J. MORGAN .JAMES T. HENORICK KAFlI!:N K. CAIlIANAS .JEDgE. V. REGANTf; MORGAN &. HENDRICK FAX TRANSMISSION TO: JIM ROBERTS MAYOR IlARVEY COMMISSIONER NEUCENT COMMISSIONER REICH COMMISSIONER FREIMAN COMMISSIONER WILLIAMS TIM McGARRY CLERK'S OrnCE, BELLE DESANTIS FAX #: 292-4544 292-3466 872-9195 305-852-7162 292-3577 305-289-6306 (305) 289-2536 295-3615 FROM: KAREN CABANAS, EsQ. DATE: 2/14/00 SUBJECT: GROWTH MANAGEMENT REpORT TRANSMITTER: SDB Total number of pages including this cover sheet: 4 ORIGINAL DOCUMENT(S): _x_ WILL NOT BE SENT Wll..L BE SENT The information cODtaia.ld in 1hiI r.".,imilc mcaugc U i&UOrIlOI)' privilC:8"d and c:onlid.mia.l. itIlendc:d oaIy for lb. usa of the individual "''''\y named above. U'1he.-..der ofthia _got is not the intended rcc;ipilllll, you ar.. hcr<:&y nolifiedlhatmy dis$emiaa1iou;dislribuIiOl1 or copy oft1D. c;ommuaicaion i, atricl1y pI'Obibited. If you bavc rcc:civechhi, ~on iurl'or, please illlmcdialCIy IIOlify ILC by telcphone IIlIII rem", dlC orislua!_&O 10 In at tho ~ ad*cu VIA the U. S. PMtal Servi&:t. If yoU do nol receive all p;&pS. pl_ call back u iOOJl ... poIIible lOS-296-S676. The rono..u.cis OUl'fax _her llSZH-4331. P.O. elax I I 17. I<EYWEST. FL 3~041 $ TE~I!".HONE ~os 296-15&76 $ F'AC:l.HILE 305 296-433 I FJ 02/14/00 13:58 FAX .3052964331 MorganHendrlck3052964331 I4J 002/004 GROWTH MANAGEMENT LITIGATION REPORT TO: BOCC~ Jim Hendrick~ Tim McGarry~ Jim Roberts FROM: Karen K. Cabanas, Esq. DATE: February 16-17,2000 Vacation Rentals. Rathkamp (Administrative ChaUenge of Ordinance) - Plaintiffs have petitioned the Florida Supreme Court for discretionary review of certain issues raised on appeal, Monroe County and DCA have filed jurisdictional briefs in opposition because the district court decision being challenged does not raise the issues sought to be appealed. Awaiting Court's ruling on whether it will accept jurisdiction. ($92,724.75 as ofJanuary 31, 2000). Neumont (Class Action) - The district court previously granted Monroe County's Motion to Dismiss, e"pressly dismissing Plaintiffs' claims regarding alleged "premature enforcement" as moot based on the Rathkamp final decision. Plaintiffs were permitted to fe-file a complaint solely limited to their takings claims. Plaintiffs' Amended Complaint has been filed and is in direct violation of the court's order by re"assertingthe "premature enforcement" claims under the assertion that the Rathkamp IS not final due to their petition for discretionary review. Monroe County's motion to dismiss has been fully briefed and is still pending. (510,016.25 as ofJanuary 31,2000). VaugbnlSchmitt (Pre-Existing Contracts) - Claim for declaratory and injunctive relief filed in circuit court alleging the ordinance violates the due process and equal protection clauses in its application to contract entered prior to the effective date of the ordinance. Case has been voluntarily dismissed by Plaintiffs. ($4459.00 as of lanuary 31, 2000). Below-Flood-Elevation Violations Beattie - Declaratory action regarding whether Monroe County is barred from enforcing prohibitions against below~BFE enclosures due to statute of limitations or other time-barring doctrines. Plaintiffs have been granted leave to file Amicus Brief in LaTorre litigation involving similar issue of law. Plaintiff is drafting motion for summary judgment. ($5900.00 as of January 31,2000). LaTorre - (Case being handled by Bill Friedlander, Esq.) Code enforcement appeal challenging whether Monroe County is prohibited from enforcing BFE regulations due to statute of limitations. Case is fully briefed and has been scheduled for oral argument. McCord - Code enforcement case involving same issue as Beattie and LaTorre (whether statute of limitations applies to County BFE regulations). Being handled in conjunction with Stuan Schurr. ($1425.00 as of January 31, 2000), 02/14/00 13:59 FAX 3052964331_ MorganHendr1ck3052964331 ~003/004 Takings Claims Burnham - Constitutional challenge to ROoo. Plaintiffs have filed a jurisdictional brief with the Florida Supreme Court seeking furtber appeal of their claims. Awaiting ruling from Florida Supreme Court as to whetberrheywill accept jurisdiction. ($90,45400 as of January 31,2000). New Port Largo- State "physical occupation" takings claim which had been remanded back to state court when federal claims were dismissed. Case has been bifurcated to separately decide issues of liability and damages. ($8242.00 as ofJanuary 31, 2000). Shadek - Takings claim for 570 acres of North Key Largo property based on the former Major Development Moratorium. Case has been set for trial in May 2000. ($82,760.75 as of January 31, 2000). ~ns & BUlboards Republic Media/Outdoor Systems - Declaratory action claim filed by billboard owners challenging applicability of Post-Hurricane Emergency Permitting Policy and the biUboard valuatiort schedule pursuant to code regulations prohibiting repair of non-confonning billboards damaged beyond 50010 of their value, Monroe County's appeal of the Planning Commission action granting Republic's application for an after-the-fact permit bas been voluntarily dismissed for Jack of jurisdiction (subject sign in Marathon), Plaintiffs have obtained an injunction preventing further action on their applicatioIlS or code citations until declaratory action is heard in court because Plairttift's have raised constitutional issues that cannot be determined at the administrative level. ($9704.00 as ofJanuary 31,2000). Stoky - PlaintitTs have appealed the Planning Commission's decision affinnirtg the denial of two building permits for reconstructiort of porch and deck structures. Plaintiffs have been granted extension of time to file Initial Brief ($121500 as ofJanuary 31,2000), Perry's (Key Largo) - Declaratory action almost identical to complaint tiled by Republic Media & Outdoor Systems challenging Post-Hurricane Emergency Pennittirtg Policy and it's application to billboards. Temporary injunction has been automatically dissolved due to dismissal of the Republic Media appeal Code enforcement violations may now be set for hearing. ($1205.00 as ofJanuary 31, 2000). Other Matters Taxpayen for Electrification of No Name Key - Declaratory. vested rights, and ~1983 claims challenging Monroe County's policy that installing commercial electric service to No Name Key is prohibited by the 2010 comprehensive plan. Momoe County has filed a Motion to Dismiss and submitted discovery requests to Plaintiffs. ($2990.00 as of January 31, 2000). Clay (Big Pine Moratorium) - New complaint filed against Monroe County alleging various claims (takings, vested rights, etc.) based on the de facto building moratorium on Big Pine due to the traffic level of service. All county regulations have been complied with (ROGO allocations have been granted); only state concurrency and Endangered Species Act are preventing development at this time. Monroe County has filed. a motion to dismiss on the grounds that any liability created by these 02/14/0~__13:59 F~X 30529~4331 MorganHendrlck3052964331 III 0041004 regulations (Chapter 163 concurrency and Endangered Species Act) should be borne by the agencies charged with enforcing those regulations. Both sides have submitted discovery requests. ($1402.50 as ofJanuary 31, 2000). Galleon Bay - Plaintiff has filed Petition for Certiorari review ofBOCC's decision to deny vested rights application Monroe County's response was filed November 15lh. ($1695.00 as of January 31, 2000Xdoes not include prior-Galleon Bay matters). Ambrose _ Declaratory action claiming vested rights under' 380.05(18). Defendants Monroe County, DCA, and Islamorada's motions for summary judgment were heard December 1511>; Plaintiffs' motion for summary judgment will be beard February 2Sdt ($28,522.25 as ofJanuary 31, 2000). Florida Keys Medical Complex - Declaratory action case regarding Code regulations dealing with shared and off-street parking, (whether a variance is required under Plaintifrs Shared Parking Agreement with the Elk's Lodge). Marathon HMAhas appealed Judge Taylor's Order denyingtheir motion to intervene and abating their administrative appeal in which they had the initial variance granted by the Planning Commission reversed. Appeal has been briefed and is pending before Third District Court of Appeal. ($2750.75 as ofJanuary 31,2000). PersoltaJ Wateruaft Industry Assot. - Complaint for Injunctive and Declaratory Relief alleging watercraft restriction zones Ordinance are unconstitutional under commerce clause and supremacy clause. Cross-Motions for Summary Judgment have not yet been re~scheduled for hearing. Plaintiffs have filed for leave to amend their complaint to add allegations of improper exercise of police power. ($lsr,I78.00 as of January 31,2000). Royal Plum ComIominium Assodation - Complaint for damages in which Plaintiffs claim they are being wrongfully double-charged by being assessed an annual solid waste fee by the County as well as additional collection fees from Marathon Garbage Service, a contractor for the Municipal Service District. Monroe County has submitted discovery requests to Plaintiffs, ($2625.00 as of January 31, 2000). Sunsbillt Key - Administrative appeal to DOAH regarding highway-readiness of Recreational Vehicles. Oral argument was held February lit, 1999. Awaiting ruling by DOAH Administrative Law Judge. ($108,903.50 as of January 31,2000 - for all Sunshine Key litigation).