Item R1
December 2005 Litigation Report
To: Mayor McCoy & County Commissioners
From: Bob Shillinger, Asst. County Attorney J.~
Date: December 18,2005
cc: Tom Willi, County Administrator
Richard Collins, County Attorney
Summary
Number of Cases
New cases filed since last month 5
Cases closed since last report 7
CA Y active casesi 46
CAY Post Judgment cases 4
Potential cases not yet filed 8
Outside Counsel Cases 39
Airports
Community Services
Engineering
Growth Management
Miscellaneousii
MCSO
Personnel
Public Works
Risk Management
Total Cases pending
73
New Cases
Cases Closed
CAY Litigation Cases Trial & Appellate Level
CAY Post Judgment Cases
Potential Cases
Outside Counsel Cases
Ferencik, Libanoff (Ira Libanoff) (3 cases)
2
2
6
60
5
4
4
5
6
Page 2
3
5
12
13
12
16
Johnson, Anselmo, (Bruce Johnson & Michael Burke) (11 cases) 17
Morgan & Hendrick (Derek Howard) (6 cases) 20
Paul, Hastings (Bob Freilich) (2 cases) 22
Purdy, Jolly (Mike Stephson) (2 cases) 23
The Smith Law Firm (Wayne Smith) (2 cases) 23
Vernis & Bowling (D.Smits, K.Willis & S.Black) (13 cases) 24
White & Smith (Tyson Smith & Steve Moore) (1 case) 22
CASES FILED SINCE LAST MONTH'S REPORT
In re: Meghan Cole
Bankrtcy. S.D.Fla. Judge: Mark
Bankruptcy action by tenant of County property.
Bankruptcy
05-43879 RAM
Date Filed: 10/17/05
County owed $760.00 in rent.
RBS
Current Status: Reviewing to determine if any action cost effective.
Next Activity: 1/6/6 objection to exemptions deadline.
Time: 0.5 Costs: 0.00
Kessler, Stuart v. Monroe County & Tom Willi 3D05-2755
Third DCA Judges: TBA Date Filed: 11/28/05
Appeal of non-final order denying Kessler's petition for temporary reinstatement.
Personnel/Risk Management RBS
Current Status: Will be handled jointly with Johnson, Anselmo.
Next Activity: Kessler's brief due 2/6/6.
CAY Time:
1.1
Costs:
0.00
Florida Key Deer, et al v. R.D. Paulson, et al 05-16374-11
11th Circuit Judges: TBA Date Filed: 11/10/05
Appeal of Southern District's injunction in 90-10037-CIV.
Growth Management/Planning RBS
Current Status: Jurisdiction briefs requested by Court.
Next Activity: File jurisdiction briefs.
CAY Time:
0.5
Costs:
0.00
Monroe County v. Florida Key Deer. et al 05 --- TBA
11th Circuit Judges: TBA Date Filed: 12/12/05
Appeal of denial of County's motion to intervene in 90-10037-CIV.
Growth Management/Planning RBS
Current Status: Notice of appeal just filed,
Next Activity: Record compiled, draft briefs.
Time: 0.5
2
Rodriauez. Vivian v. Monroe County. Islamorada, & DOT CA P 05~526
Circuit Court 16th Judge: Garcia Date Filed: 11/30/05
Action for negligence.
Public Works/Risk Management RBS
Current Status: Awaiting service on Mayor.
Next Activity: Analyze outside counsel needs/requirements once served.
CAY Time: 0.2
Costs:
CASES CLOSED SINCE LAST MONTH'S REPORT
Drewina, Janice v. Monroe County
Third DCA Judges: Levy, Ramirez & Rothenberg
Appeal of denial of writ of mandamus in personnel matter.
Community Services/Social Services/Personnel
3D 04~3044
Date Filed: 11/29/04
RBS
Current Status:
Mandate Issued, 10/14/05.
Next Activity:
Close file.
Time: 32.9 hours
Costs: $15.00
Evans, Brian v. Monroe County, et al CIV S 04~1042 LRH
U.S.D.C. Nevada Judge: Jones Date Filed: 7/28/04
Same allegations as Florida case 04-CIV-1 0033 that were dismissed.
MCSO RBS
Current Status:
None, affirmed on appeal.
Next Activity:
Close File,
Fees billed to date: None
Costs: 0.00
Evans, Brian v. MCSO, Monroe County, et al 04-17429
9th Circuit Judges: O'Scannlain, Callahan & Beach Date Filed: 12/09/04
Appeal of Nevada Court's dismissal of suit in CIV S 04-1042 LRH.
MCSO RBS
Current Status:
Decision became final on 12/15/05.
Next Activity:
Close file.
Fees billed to date: None.
Costs: 0.00
3
Evans. Brian v. KW Citizen. Monroe County. et al CV S 04-1742-KJD-LRL
U.S.D.C. Nevada Judge: Dawson Date Filed: 1/6/05
Defamation suit over alleged misstatements by Mark Willis in the Citizen.
MCSO RBS
Current Status:
None.
Next Activity:
Close File.
Fees billed to date: None
Costs: 0.00
Monroe County v. Mary Boza CAK-03-1508
Circuit Court 16th Judge: Jones Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the SOCC on 4/18/03.
Growth Management/Code Enforcement RBS
Current Status: Settled, Closed.
Next Activity: None.
Fees billed to date: $7,300.00
CAY Time: 6.0 hours
Costs: 0,00
Monroe County v. Dirk W. Damrau CAK-05-667
Circuit Court 16th Judge: Miller Date Filed: 7/11/05
Action to collect $206,100,00 fine authorized by the SOCC 6/18/03,
Growth Management/Code Enforcement RBS
Current Status: Settled for $4748.00. Dismissed 12/19/05.
Next Activity: CLOSED.
Time: 5.5 hours
Costs: $568.05
Monroe County v. Mark Fraleiah CAP-03-647
Circuit Court 16th Judge: Garcia Date Filed: 12/8/03
Ejectment action against owner of structures located on County right-of-way.
Public Works/Roads and Bridges. RBS
Current Status:
Dismissed by Court after settlement. Closed.
Next Activity:
None.
Time: 33.6 hours
Costs: $256.80.
4
CAY LITIGATION - Trial & Appellate Level
See Outside Counsel Section for Cases being Handled Jointly
Ambrose, Thora et al v. Monroe County et al CA P 97-636
Circuit Court 16th Judge: Garcia Date Filed:12/11/97
Declaratory Judgment action claiming vested rights due to subdivision plats.
Subsequent appeal of summary judgment order reversed and remanded.
Growth Management/Planning JDS
Current Status: County Attorney's office substituted in for Morgan &
Hendrick on 12/15/05.
Next Activity:
Hearing on Motion to Dismiss.
Billing to date: $30,960.98 as of 7/31/05.
CAY Time: 0,5
In re: Birch Telecom, Inc. 05-12237 PJW
U.S.Bnktcy.Delaware Judge: Walsh Date Filed: 8/12/05
Bankruptcy action by pay phone vendor which claims it owes County $4.15 for
providing pay phones on County property.
Administrative Services/Technical Services RBS
Current Status:
Claim deadline passed 11/4/05. County's interest $4.15.
Next Activity:
None.
Time: .5
Costs: 0.00
Collins, C. & Sum Air Services v. Monroe County. et al CAM-05-146
Circuit Court 16th Judge: Payne Date Filed: 6/1/05
Declaratory judgment action regarding lease with FBO at Marathon Airport.
Airports PJM
Current Status: Awaiting service of complaint.
Next Activity: Once served, determine if outside counsel should be retained.
Time: 0.3 hours
Costs: 0.00
5
Cutaia. Thomas v. Monroe County. MCSO. Pretrial Services CAK-05-617
Circuit Court 16th Judge: Jones Date Filed: 6/21/05
Complaint for unspecified damages. Mayor not served yet.
MCSO RBS
Current Status: Awaiting service.
Next Activity: Once served, determine if insurance coverage requires retaining
outside counsel.
Time: 0.6 hours
Costs: 0,00
Drewin~. Janice v. James Roberts as County Administrator CAK-04-686
Circuit Court 16th Judge: Jones Date Filed: 6/25/04
Mandamus action seeking hearing in personnel dispute between plaintiff and her
supervisor Louis Latorre.
Community Services/Social Services/Personnel RBS
Current Status: Jurisdiction returned 10/18/05 with Mandate,
Next Activity: Dismissal by Court.
Time: 20.0 hours
Costs: 0.00
Eads, Barbara v. Monroe County CAP-03-117
Circuit Court 16th Judge: Garcia Date Filed: 2/27/03
Appeal of order finding the Lowe House to be in unsafe condition.
Growth Management/Code Enforcement RBS
Current Status: Appeal stayed pending application for variance and building
permit.
Next Activity: None scheduled.
Time: 3.6 hours
Costs: 0.00
EEOC v. Monroe County
EEOC - Miami Judge: N/A
Charge of disability discrimination filed by an employee.
Public Works/Personnel
150-2005-03773
Date Filed: 917/05
PJM
Current Status:
Reasonable cause letter issued,
Next Activity:
Conciliation to be scheduled.
Time: 16.5 hours
Costs:
0.00
6
Fed. Nat'l Morta. Assn. v. M. Coleman, Monroe County, et al CAK-05-171
Circuit Court 16th Judge: Jones Date Filed: 2/18/05
Mortgage foreclosure case where County holds an inferior lien of $1,928.00,
Article V Liens. PJM
Current Status:
Foreclosure sale set aside 11/30/05.
Next Activity:
Intervenor appealing order setting aside sale.
Time: 2.9 hours
Costs: 0.00
Fuchs, Walburaa v. Monroe County
Circuit Court 16th Judge: Payne
This is a code enforcement appeal of an OSTDS case,
Growth Management/Code Enforcement
CAK-01-1251
Date Filed: 10/5/01
RBS
Current Status: The County's brief filed; case reassigned to Judge Payne,
Next Activity: Await Court's decision.
Time: 11.5 hours
Costs: 0.00
Hardin, Michelle v. Monroe County
Circuit Court 16th Judge: Miller
Appeal of code enforcement decision.
Growth Management/Code Enforcement
CA K 99-1046
Date Filed: 9/3/99
PJM
Current Status: Status review on pending motions.
Next Activity: Hearing on Motion to Dismiss, tba.
M&H Billing to date:$1 0,241.57 thru 8/31/05.
CAY Time: 0.5
I.C. & E. v. Monroe County 01-CV-10105
U.S. D.C.SDFla. Judge: King Date Filed: 10/4/01
Declaratory judgment action regarding wireless tower moratoria,
Growth Management/Planning RBS
Current Status: 11 th Circuit directed District Court to dismiss case, County
Attorney's Office substituted in as Counsel 12/15/05.
Next Activity:
Awaiting order of dismissal.
Billing to date:
CAY Time:
$18,966.92 as of 8/31/05.
0,5
7
Johnson. Lloyd v. Marlene Conaway CA K 02-1248
Circuit Court 16th Judge: Payne Date Filed: 10/30/02
Writ of Mandamus challenging Planning Director's determination that boundary
determination by alleged error requires zoning map amendment.
Growth Management/Planning JDS
Current Status:
County Attorney's Office substituted as counsel 12/15/05.
Next Activity:
Hearing on Motion to Dismiss to be set.
Billing to date: $2,219.62 as of 8/31/05.
CAY Time: .05
LaSalle Bank. N.A. v. Alexis & Jesus Victores & Monroe County CAP 05-373
Circuit Court 16th Judge: Garcia Date Filed: 8/29/05
Mortgage foreclosure action where County holds an inferior $100.00 lien.
Growth Management/Code Enforcement RBS
Current Status: Final judgment of foreclosure entered 12/14/05.
Next Activity: Auction 1/20/06.
Time: 1.4 hours
Costs:
0.00
Monroe County v. R. Bernstein/Safe Harbor Marine Railway CAK-05-732
Circuit Court 16th Judge: Miller Date Filed: 7/26/05
Code enforcement lien foreclosure. Over $221,800.00.
Growth Management/Code Enforcement RBS
Current Status:
Negotiations ongoing.
Next Activity:
DF given till 12/1 9/5 to file responsive plead ing.
Time: 7.7 hours
Costs: $576.00
Monroe County v. Matthew Bonnett CAK-05-911
Circuit Court 16th Judge: TBA Date Filed: 9/9/5
Code enforcement lien collection action authorized 10/17/04, $78,000.
Growth Management/Code Enforcement PJM
Current Status:
DF answered 11/22/05,
Next Activity:
Discovery.
Time: 3.1 hours
Costs: $295.00
8
Monroe County v. Jack Haaopian CAP-03-529
Circuit Court 16th Judge: Garcia Date Filed: 10/1/03
Code enforcement collection action authorized by SDCC on 8/20/03, Fine was
$203,100.00 as of 9/30/03 and accruing at $250,00 per day.
Growth Management/Code Enforcement RBS
Current Status:
Discovery.
Next Activity:
Mediation 1/6/6 @ 1 pm in Marathon.
Time: 32.0 hours
Costs: $233.60.
Monroe County v. Dorothy Houah. et al CAP-05-160
Circuit Court 16th Judge: Garcia Date Filed: 4/6/05
Code enforcement collection action authorized by SDCC on 9/17/03. As of
9/25/3 lien valued at $25,050.00 and accruing at $50,00 per day.
Growth Management/Code Enforcement RBS
Current Status:
SDCC rejected offer to settle for $2,500. Now compliant
Next Activity:
SDce to consider DFs offer of $4,500 in Jan. 2006.
Time: 10.2 hours
Costs: $596.00
Monroe County v. James Jeanquenat
Circuit Court 16th Judge: Garcia
Collection action authorized by SDCC on 4/21/04.
Growth Management/Code Enforcement
CAP-OS 317
Date Filed: 7/18/05
Fine exceeds 136,100.00.
RBS
Current Status:
Motion for Dismiss filed.
Next Activity:
Motion hearing TSA.
Time: 3.7 hours
Costs: $275.00
Monroe County v. Key Larao Ocean Resorts CooP. Inc.
Circuit Court 16th Judge: Garcia
Action to foreclose a code enforcement lien.
Growth Management/Code Enforcement
CAP-96-260
Date Filed: 5/20/96
RBS
Current Status:
Development agreement application being reviewed.
Next Activity:
Status report due with the Court 1/1/06.
Time: 41.0 hours
Costs: $340,00
9
Monroe County v. Pedro Liz CAK~05~420
Circuit Court 16th Judge: Jones Date Filed: 4/22/05
Collection action authorized by SOCC on 7/17/03; fines exceed $816,300.00.
Growth Management/Code Enforcement RBS
Current Status:
Default set aside.
Next Activity:
DF's Answer overdue.
Time: 8.1 hours
Costs: $555.00
Monroe County v. Arthur Mehr
Circuit Court 16th Judge: Garcia
Code fine collection action. Fine exceeds $42,000.00.
Growth Management/Code Enforcement
CAP~05-348
Date Filed: 8/5/05
RBS
Current Status:
DF served answer 9/15/05.
Next Activity:
Discovery due 1/9/06.
Time: 7.4 hours
Costs: $850.00.
Monroe County v. Outland Properties CAP-05~400
Circuit Court 16th Judge: Garcia Date Filed: 9/9/5
Collection action authorized by SOCC on 10/17/04. Fine over $225,000.00.
Growth Management/Code Enforcement PJM
Current Status:
Defendant served.
Next Activity:
Discovery.
Time: 1.1 hours
Costs: 300.00
O'Daniel, John & Theresa Hill v. Monroe County
Circuit Court 16th Judge: Garcia
Appeal of code enforcement action and vested rights claim.
Growth Management/Code Enforcement/Planning
CA P 02-141
Date Filed: 3/13/02
JDS
Current Status: Complete, on appeal. County Attorney's Office substituted
as counsel on 12/15/05.
Next Activity:
None pending appeal.
M&H Billing to date:
CAY Time: 0.5
$42,782.73 as of 10/31/05.
10
Nunziante. Maril*n v. Monroe County CAK~04~1227
Circuit Court 16t Judge: Jones Date Filed: 11/18/04
Suit challenging Bayshore's rule requiring family members to subsidize residents.
Community Services/Social Services RBS
Current Status:
PL has been moved to nursing home due to declining health.
Next Activity:
Discovery and/or settlement, TBA.
Time: 76.7 hours
Costs: 0.00
Sierra Club. et al v. DCA, Miami Dade & City of Homestead 03~150-GM
DOAH Judge: Maloney Date Filed: 1/17/03
Court intervened in administrative challenge to amendment of Miami-Dade's
compo plan redesignating Krome Avenue to a major roadway,
Growth Management/Planning JDS
Current Status: Final hearing suspended by Hurricane Rita.
Next Activity: To resume at a date to be announced.
M& H Billing to date:
CAY Time: 0.5
None, pro bono.
Teal. Kimberly & Keith v. Michael AnQel. Monroe County. et al CAM-04~404
Circuit Court 16th Judge: Payne Date Filed: 12/16/04
Declaratory judgment action over road in City of Marathon.
Public Works/Roads and Bridges PJM
Current Status:
Discovery. Settlement negotiations ongoing.
Next Activity:
County's motion to dismiss TBA pending negotiations.
Time: 9.4 hours
Costs: $133.00
Troy. Daniel Scott v. Monroe County CAK 05-856
Circuit Court 16th Judge: Jones Date Filed: 8/24/05
Mandamus action seeking after the fact building permits for structures erected on
Cooks Island in violation of the County Code.
Growth Management/Planning RBS
Current Status:
On appeal in 3D 05-2419.
Next Activity:
None while on appeal.
Time: 2.0 hours
Costs:
0.00
11
Troy. Daniel Scott v. Monroe County
Third DCA Judges: TBA
Appeal of denial of writ of mandamus in CA K 05-856.
Growth Management/Planning
3D 05-2419
Date Filed: 10/7/05
RBS
Current Status: Preparing record.
Next Activity: Troy's brief due 12/16/05
Time: .3 Costs: 0.00
Walgreens & Gadinsky v. Monroe County CAK-05-266
Circuit Court 16th Judge: Taylor Date Filed: 3/11/05
Cert. review of DOAH order upholding 1/6 findings supporting denial of major
conditional use application for Big Pine Walgreens.
Growth Management/Planning RBS
Current Status: Negotiations ongoing.
Next Activity: Final hearing 1/30/06.
Time: 20.8 hours
Costs: 0.00
In re: Winn Dixie Stores. Inc. 05-03817 -3F1
U.S. Bankruptcy Ct., M.D. Fla. Judge: Jerry Funk Date Filed: 2/25/05
Voluntary Ch11 case where County might have a claim against the estate.
Bankruptcy RBS
Current Status: Could find no basis for filing proof of claim.
Next Activity: None needed,
Time: 0.9 hours
Costs: 0.00
CAY POST JUDGMENT CASES
Monroe County v. William L. Davis CAP-04-181
Circuit Court 16th Judge: Garcia Date Filed: 4/15/04
Money judgment of $27,600.00 for unpaid code enforcement fines and costs.
Growth Management/Code Enforcement RBS
Current Status: Final judgment of $28,431.00 recorded w/ Dept. of State.
Next Activity: Collection.
Time: 6.2 hours
Costs: $56.00
12
Monroe County v. Dan Gleason SCP-03-165
County Court (Sm. Claims) Judge: ptomey Date Filed: 8/5/03
Money judgment of $520.00 for unpaid code enforcement fines and costs.
Growth Management/Code Enforcement RBS
Current Status:
Final judgment recorded w/ Dept. of State.
Next Activity:
Collection.
Time: 9.5 hours
Costs: $65.92
Monroe County v. Lily Marks CAK-03-1152
Circuit Court 16th Judge: Jones Date Filed: 10/2/03
Money judgment of $795,270.00 for unpaid code enforcement fines and costs.
Growth Management/Code Enforcement RBS
Current Status:
Final judgment entered for $795,270.00 on 5/9/05.
Next Activity:
Collection.
Time: 8.5 hours
Costs: $55.00
POTENTIAL CASES THAT HAVE NOT YET BEEN FILED
Calusa Campground Condo v. Monroe County. et al.. CA P 05 TBA
Circuit Court (16th) Judge: Date Filed:
Threatened action by condominium resulting from statements regarding platting
requirements by Growth Management personnel.
Growth Management/Planning JDS
Current Status:
Investigating claim.
Next Activity:
None scheduled.
Time: 0,5
Costs:
0.00
13
Good. L10vd v. Monroe County CAK-05-TBA
Circuit Court (16th) Judge: Date Filed:
Bert J. Harris Act claim regarding two parcels of property owned by Lloyd Good.
Growth Management/Planning RBS
Current Status:
Settlement discussions underway,
Next Activity:
None. Stayed during Good's application for major
conditional use.
Time: 8.6 hours
Costs: $5.56
Hamelton, Charles v. KWRU & Monroe County CA K 04-740
Circuit Court (16th) Judge: Miller Date Filed: 7/6/04
Potential personal injury claim by scooter accident victim and/or utility seeking
damages from the County, Handled jointly with Johnson, Anselmo.
Public Works/Roads and Bridges/Risk Management RBS
Current Status:
County not a party at this time.
Next Activity:
11/18/05 County to prod uce documents to DFs.
Fees Billed to Date: 0.00
CAY Time: 6.7
Costs: 0.00
Harum, James v. Monroe County. DOH, & Z. Krstic CAP-05- TBA
Circuit Court 16th Judge: Date Filed:
Threatened action to compel County to prosecute code enforcement violation.
Growth Management/Code Enforcement RBS/PJM
Current Status:
Underlying code case held 5/26/05, mitigation plan in effect.
Next Activity:
Move to dismiss and for sanctions if filed since wlo merit.
Time: 2.4 hours
Costs: 0.00
Monroe County v. Bov Scouts of America
Circuit Court 16th Judge: TBA
Code fine collection action. Fine fixed at $408,000.00.
Growth Management/Code Enforcement
CA K 06- TBA
Date Filed: TBA
PJM
Current Status:
Needs SOCC approval to go forward.
Next Activity:
Schedule for SOCC.
Time: .5 hours
Costs: 0.00
14
Monroe County v, Jean M, Louis & Itnor Corp, CAK-05-TBA
Circuit Court 16th Judge: TBA Date Filed:
Code fine collection action authorized by BOCC on 10/17/04. $34,200.00.
Growth Management/Code Enforcement PJM
Current Status:
Owners not complying with settlement agreement approved
by BOCC on 4/20/05.
Next Activity:
File foreclosure action if not resolved.
Time: 1.5 hours
Costs: 0.00
Monroe County v, Blair & Althea Mooney CAK-05-TBA
Circuit Court 16th Judge: TBA Date Filed:
Code lien collection action authorized by BOCC on 10/17/04. $146,100.00.
Growth Management/Code Enforcement PJM
Current Status:
Fine of $7,305.00 paid.
Next Activity:
Finalize settlement agreement.
Time: .5 hours
Costs: 0.00
State of Florida v, Monroe County TBA
TBA Judge: TBA Date Filed: nfa
Threatened action by AG's Medicaid Fraud unit regarding alleged over billings for
ambulance services.
Public Safety/Fire Rescue RBS
Current Status: Waiting for AG's office to set up conference.
Next Activity: Settlement conference with State.
Time: 9.2 hours
Costs: 0.00
15
CASES BEING LITIGATED BY OUTSIDE COUNSEL
Ferencik, Libanoff, Brandt, Bustamante and Williams, P.A.
Monroe County v. Bender & Associates. et al CAK-03-915
Circuit Court 16th Judge: Jones Date Filed: 8/4/03
Breach of contract and negligent misrepresentation action arising from the
defective windows in the Gato building.
Engineering/Construction Management RBS
Current Status:
Discovery ongoing.
Next Activity:
Discovery ongoing.
Fees billed to date: $69,892.50 Costs: $8,773.50 (thru 10/31/5)
Monroe County v. Jose Gonzalez CA K TBA
Circuit Court 16th Judge: TBA Date Filed: TBA
Possible breach of contract action against County's former architect.
Engineering/Construction Management RBS
Current Status:
Discussions with Gonzalez
Next Activity:
Schedule meeting with staff & Gonzalez.
Ferencik, Libanoff Billing to Date:
CAY Time: 12.5
$3,885.50
Monroe County v. Lodge Construction. et 31 CAK-00-617
Circuit Court 16th Judge: Payne Date Filed: 5/11/00
Suit filed against general contractor Lodge Construction & its surety for breach of
contract to build Gato Building.
Engineering/Construction Management RBS
Current Status:
Reserved on appeal November 24, 2004. New trial granted.
Mandate issued 2/16/05.
Next Activity:
Set for trial.
Fees billed to date: $298,015.25 Costs: $71,523.31 (thru 10/31/05).
16
Johnson, Anselmo, Murdoch, Burke, Piper, & McDuff, P.A.
Bauknight, Ska~~s & Rockett v. Monroe County CAP-04-451
Circuit Court 16 Judge: Garcia Date Filed: 9/24/04
Inverse condemnation/takings case filed by Jimmy & Nancy Bauknight, Teague
Skaggs, & Kathleen Rockett for three lots on Big Pine Key. Mayor served 10/4/4.
Growth Management/Planning RBS
Current Status:
Discovery.
Next Activity:
Discovery.
Fees billed to date: $832.24
Costs: 0.00
Bauknight, Skaggs & Rockett v. Monroe County 04-CV-1 01 05
U.S. D.C. S.Fla. Judge: Moore Date Filed: 11/1/04
Inverse condemnation/takings case by owners of 3 Big Pine lots.
Growth Management/Planning RBS
Current Status:
Federal Court remanded to State Court. Attorney's fee
motion appealed to 11 th Circuit.
Next Activity:
None.
Fees billed to date: None
Costs: 0.00
Bauknight. et al. v. Monroe County 05-10868-F
11th Cir. Ct. of Appeals Judge: TBA Date Filed: 2/11/05
Appeal of denial of attorney's fees motion filed against the County by takings
case plaintiffs. County had removed the case to Federal Court; plaintiffs sought
remand and attorneys fees. Case was remanded to state court but fees denied.
Plaintiffs are seeking between $15,000 and $18,000 in fees.
Growth Management/Planning RBS
Current Status:
Briefs completed; oral argument held 12/9/05.
Next Activity:
None; await decision of Court,
Fees billed to date: None.
Costs: 0,00
17
Florida Key Deer v. Michael Brown & Gale Norton 90-10037-CIV-Moore
U.S. Dist. Ct., SO Fla. Judge: Moore Date Filed: 4/2/90
Endangered Species Act case that resulted in permanent injunction barring
FEMA from backing flood insurance for 49,000 parcels in County.
Growth Management/Planning RBS
Current Status: Court extended appellate deadline to 12/15/05 to give time
to rule on County's motion to intervene.
Next Activity:
Negotiating partial settlement, ruling on intervention.
Billing to Date: none
CAY Time: 33.8
Costs: 0.00
Florida Key Deer. et al v. Gale Norton (Sec. of Interior) 05-10063-CIV-KING
U.S.D.C. S.D.Fla. Judge: King Date Filed: 6/15/05
Endangered Species Act challenge to Fish & Wildlife Service's review of
County's application to construct park on Big Pine Key.
Engineering/Construction Management RBS
Current Status: Case stayed while F&WS revises biological opinion.
Next Activity: Stayed until January 2006.
Fees billed to date: $612.50
CAY Time: 6.3
Costs: 0.00
FKCC & Last Stand v. FL Admin. Comm.. Monroe County DOAH 04-2756
DOAH Judge: Carolyn Holifield Date Filed: 08/05/04
Administrative Rule challenge to partnership agreement with State.
Growth Management/Planning RBS
Current Status:
Final Order in County's favor issued 6/29/05.
Next Activity:
None pending appeal.
Fees billed to date: $59,464.92
CAY Time: 190.1 hours
Costs: 0.00
18
FKCC & Last Stand v. FL Admin. Comm., Monroe County, et al 3005-1800
Third DCA Judges: TBA Date Filed: 7/28/05
Appeal of ALJ's decision denying rule challenge in DOAH 04-2756.
Growth Management/Planning RBS
Current Status: Appellant's brieffiled.
Next Activity: County & DCA's brief deadline extended.
Fees billed to date: none
CAY Time: 0.5 hours
Costs: 0.00
Hardee. Evelyn v. Monroe County
Circuit Court 16th Judge: Garcia
Tort action arising from alleged fall at PK Court house.
Risk Management/Public Works
CAP-05-255
Date Filed: 6/3/05
RBS
Current Status:
Discovery.
Next Activity:
Discovery motion phone hearing 11/16/05.
Fees billed to date: $660.20
CAY Time: 2.4 hours
Costs: 0.00
Kessler, Stuart v. Monroe County & Tom Willi CA K 05-1006
Circuit Court 16th Judge: Jones Date Filed: 10/11/2005
Complaint for injunctive relief and damages under Whistle-Blower Act, Civil
Rights Act, defamation and interference with business relationship.
Personnel/Risk Management RBS
Current Status: Ct. denied temporary reinstatement on 10/31/05. Motion to
Dismiss pending.
Next Activity: Hearing on Motion to Dismiss 1/4/06.
Billing to date: 0,00
CAY Time: 24.8 Costs: 0.00
19
Neuman, Kenneth v. Monroe County CAK~04~663
Circuit Court 16th Judge: Jones Date Filed: 6/21/04
Action for damages and to compel County to issue building permits.
Growth Management/Planning RBS
Current Status:
Discovery.
Next Activity:
Deposition of Plaintiff 11/28/05.
Fees billed to date: $2,326.92
CAY Time: 5.8 hours
Costs: 0.00
Riverview Consultants, Inc. v. Monroe County CAK-05~373
Circuit Court 16th Judge: Jones Date Filed: 4/13/05
Tortious interference with contract case. League of City's carrier counsel.
Risk Management/Airport/MCSO PJM
Current Status:
Pleadings complete.
Next Activity:
Motions and discovery.
Fees billed to date: $743.86
CAY Time: 4.0 hours
Costs: 0.00
Morgan & Hendrick
Emmert, Helen & Grea v. Monroe County
Circuit Court 16th Judge: Garcia
Inverse condemnation and vested rights action.
Growth Management/Planning
CA P 02-520
Date Filed: 10/2/02
RBS
Current Status: PL's filed Third Amended Complaint. Reviewing to
determine if should be brought in house.
Next Activity:
File Motion to Dismiss. .
Billing to date:
$94,550.56 as of 10/31/05,
20
Good. Lloyd v. Monroe County CA K 01-977
Circuit Court 16th Judge: Payne Date Filed: 8/9/01
Inverse condemnation action based on NROGO and declaratory judgment that
owner be awarded permits for properties,
Growth Management/Planning RBS
Current Status:
PL filed Second Amended Complaint.
Next Activity:
Hearing on County's Motion to Dismiss.
Billing to date:
CAY Time:
$18,526.41 as of 10/31/05.
2.5
Kalan, Suzanne v. Monroe County
Circuit Court 16th Judge: Garcia
Inverse condemnation action.
Growth Management/Code Enforcement
CA P 03-155
Date Filed: 3/11/03
RBS
Current Status:
Held in abeyance pending BUD hearing,
Next Activity:
none.
Billing to date:
$2,855.77 as of 8/31/05.
O'Daniel & Hill v. Monroe County
Third DCA Judges: TBA
Appeal of circuit court decision in CA P 02-141.
Growth Management/Code Enforcement/Planning
3D-05-583
Date Filed: 3/18/05
JOS
Current Status: Court affirmed denial of O'Daniel's attorney's fees.
Next Activity: Await issuance of mandate, then close file.
Billing to date:
See trial level report.
Neumont. Elizabeth et al. v. Monroe County 99.10054-CV
U.S. Dist. Ct., S.D.Fla. Judge: Paine Date Filed: 5/21/99
Class action challenging enactment of vacation rental ordinance,
Growth Management/Planning RBS
Current Status: Briefs completed. Reviewing to determine if should be
brought in house.
Next Activity: None pending appeal.
Billing to date:
$123,563.24
21
Neumont. Elizabeth et al. v. Monroe County
11th Circuit Court of Appeals Judges: TBA
Appeal of 99-1 0054-CV above.
Growth Management/Planning
04-13610-X
Date Filed: 7/15/04
RBS
Current Status: Briefs completed; oral argument held 11/18/05. Reviewing
to determine if should be brought in house.
Next Activity:
None; awaiting decision of Court.
Billing to date:
$123,565.49 as of 8/31/05.
Paul, Hastings (Bob Freilich)
White & Smith (Tyson Smith)
Collins. Thomash et al v. Monroe County
Circuit Court 16t Judge: Payne
Takings action brought by 11 groups of plaintiffs.
Growth Management/Planning
CAM-04-379
Date Filed: 11/22/04
RBS
Current Status: County's summary judgment motion heard 11/30/05.
Next Activity: Court's ruling on County's motion for summary judgment.
Total Fees billed to date: $655,174.26
CAY Time: 109.7 hours Costs: $77,646.49
Galleon Bay v. Monroe County v. State of Florida
Circuit Court 16th Judge: Payne
Inverse condemnation and vested rights action,
Growth Management/Planni ng
CA K 02-595
Date Filed: 5/21/02
RBS
Current Status: Summary judgment motions pending.
Next Activity: Motions hearing 1/30/06.
M & H Billing to date:
Paul, Hastings Billing:
$221,709.88 thru 10/31/05.
$90,519.11,
22
Purdy, Jolly & Giuffreda, P.A.
Evans, Brian v. Monroe County, et al 04-CIV-10033-JLK
U.S.Dist.,S.D.Fla. (Miami) Judge: King Date Filed: 5/6/04
Civil action against the County, and others, arising from actions of Sheriff's office
in publicizing the rescission of a warrant it had obtained for his arrest.
MCSO RBS
Current Status: Award to County & Sheriff of $4,579.00 in attorney's fees
against Evans for filing frivolous suit affirmed by 11 th Circuit on 9/20/05.
Next Activity:
Collection.
Fees billed to date: None
CAY Time: 9.5 hours
Costs: 0.00
Evans, Brian v. MCSO, Monroe County, et al 05-10077-B
11th Circuit Judges: Edmondson, Tjoflat & Dubina Date Filed: 1/5/05
Appeal of award of attorney's fees against Evans in 04-CIV-10033.
MCSO RBS
Current Status:
Fee award affirmed 9/20/05; Mandate issued 10/19/05,
Next Activity:
None. Decision becomes final 1/9/6.
Fees billed to date: None
Costs: 0.00
The Smith Law Firm
Monroe County v. Post Buckley, Schuh, and Jernigan CAK-95-402
Circuit Court 16th Judge: Payne Date Filed: 3/30/95
Malpractice claim against the County's former engineering firm for miscalculation
of bonds necessary to finance improvements to Card Sound Road.
Engineering RBS
Current Status:
Defense verdict 6/14/05.
Next Activity:
Finalize attorney's fees.
Fees billed to date: $636,405.88
23
Monroe County v. Post Buckley, Schuh, and Jerniaan
Third DCA Judges: TBA
Appeal of judgment in the above case.
Engineering
3005-1822
Date Filed: 8/1/05.
RBS
Current Status:
Organizing record,
Next Activity:
County's brief deadline extended to 12/15/05.
Fees billed to date: see previous entry.
Vernis & Bowling of the Florida Keys, P .A.
GAP Properties of SW Florida~l. Inc. v. Monroe County CAK~04~1321
Circuit Court 16th Judge: Jones Date Filed: 12/10/04
Cert, review of action involving failure to obtain plat approval of dock subdivision
and an improper change of use without a major or minor conditional use permit.
Growth Management/Planning RBS
Current Status:
Certiorari denied, rehearing motion denied.
Next Activity:
None, on appeal.
Fees billed to date: $26,875.00
Costs: $306.43
Gap Properties of SW Florida-I, Inc. v. Monroe County 3D05~2413
Third DCA Judges: TBA Date Filed: 10/14/5
Second tier certiorari appeal of denial of petition challenging County's plat
approval rules for dockominiums, see CA K 04-1321 below.
Growth Management/Planning RBS
Current Status:
County ordered to respond by Court.
Next Activity:
County's brief due 1/6/6,
Fees billed to date: none.
Costs: None
24
Key Tex S. D. Condo Assoc. v. Monroe County & T. McGarry CAK-04-224
Circuit Court 16th Judge: Jones Date Filed: 3/2/04
Action to prevent County from denying permits because of ownership conversion
to condominiums and compel County to accept permit applications.
Growth Management/Planning RBS
Current Status: Third Amended petition pending.
Next Activity: Respond to Third Amended petition 1/6/6.
Fees billed to date: $32,290.50
Costs: $2,540.84
Monroe County v. Alain Y. Depierrefeu CAK-03-1504
Circuit Court 16th Judge: Jones Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the SOCC on 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
Final default judgment entered on 6/21/05 for $144,505.03.
Next Activity:
CAY to substitute in as counsel and schedule auction.
Fees billed to date: None
Costs: 0.00
Monroe County v. Alain Y. Depierrefeu CAK-03-1507
Circuit Court 16th Judge: Jones Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the SOCC on 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
Final default judgment entered on 6/21/05 for $616,555.03.
Next Activity:
CAY to substitute as counsel and schedule auction.
Fees billed to date: None
CAY Time: 3.5 hours (both cases)
Costs: 0.00
Monroe County v. Mary Ellen Lloyd CAM-03-362
Circuit Court 16th Judge: Jones Date Filed: 12/19/03
Code enforcement foreclosure action authorized by the SOCC 4/18/03.
The total amount of the lien owed to the County is $143,500.00.
Growth Management/Code Enforcement RBS
Current Status:
Compliance achieved 8/31/04.
Next Activity:
County Attorney's office to substitute in as counsel.
Fees billed to date: None
CAY Time: 2.3 hours
Costs: 0.00
25
Monroe County v. James Messera, et al CAK-03-1509
Circuit Court 16th Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the SOCC 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
Owners working on compliance.
Next Activity:
County Attorney's office to substitute as counsel.
Fees billed to date: None
Costs: 0.00
Monroe County v. Joe Posada. III CAK-03-1503
Circuit Court 16th Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the SOCC 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
Settlement negotiations.
Next Activity:
CA V's to substitute as counsel.
Fees & Costs billed to date:
CAY Time: 4.6 hours
None.
Monroe County v. Virginia Sawyer & Tony Welters CAK-03-1505
Circuit Court 16th Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action that was authorized by the SOCC 7/15/03.
Growth Management/Code Enforcement RBS
Current Status:
DFs answered.
Next Activity:
CAY to substitute as counsel.
Fees billed to date: None
Costs: 0.00
Monroe County v. Virginia Sawyer CAK-03-1506
Circuit Court 16th Judge: Jones Date Filed: 12/18/03
Code enforcement foreclosure action that was authorized by the SOCC 7/15/03.
Growth Management/Code Enforcement RBS
Current Status: Tentative settlement reached.
Next Activity: SOCC to consider 12/21/05. CAY to substitute as counsel.
Fees & Costs billed to date: $11,745.44
CAY Time: 4.3 hours
26
Monroe County v. Louis Welters CAK-04-639
Circuit Court 16th Judge: Jones Date Filed: 6/14/04
Code enforcement foreclosure action that was authorized by the BOCC 7/15/03.
Growth Management/Code Enforcement RBS
Current Status:
OF answered.
Next Activity:
CAY's office to substitute as counsel.
Fees billed to date:None
Costs: 0.00
Osborn. Jeff v. Monroe County CAP-04-564
Circuit Court 16th Judge: Garcia Date Filed: 11/24/04
1 of 2 certiorari petitions challenging development approval of Northstar project.
Growth Management/Planning RBS
Current Status:
Court denied petition 12/14/05.
Next Activity:
None for next 30 days.
Fees billed to date: $14,039.50
Costs: $261.49
Osborn, Jeff v. Monroe County CAP-04-565
Circuit Court 16th Judge: Garcia Date Filed: 11/24/04
2 of 2 certiorari petitions challenging development approval of Northstar project.
Growth Management/Planning RBS
Current Status: Oral argument held 12/15/05.
Next Activity: Await decision of Court.
Fees billed to date: $3,920.50
Costs: $146.93
Assig ned ACA
PJM = Pedro Mercado
JOS = Jerry Sanders
RBS = Bob Shillinger
i Includes cases listed under outside counsel.
ii Article V issue, 3 bankruptcy claim, and Fire Rescue.
27
~ DEC-19-2005 MON 10:27 AM
FAX NO.
p, 02
UNITED ST A TES DISTRICT COURT
SOUTHERN DISTRICT OF FLOrUDA
Case No, 90-10037-Civ.Moore
Florida Key Deer,
Key Largo cotton mouse, Key Largo woodrat.
Key tree-cactus, Lowl!T Keys marsh rabbit,
Schaus' swallowtail butterfly, the silver rice
rat, and the Stock Isfand tree snail,
NATIONAL WILDLIFE FEDERAT10N,
FLORIDA WILDLIFE FEDERATION,
and DBFENDERS OF WILDLIFE
Gftf,:.
Plaintiffs,
'. ~ 1-'.'
;:J,.;,;., :J.il. ;l,j~;;' ;.,
.... ., 11M wu~'
I~.'~..
vs.
R. DAVID P AULISONII, in his official capacity
as Acting Director. Federal Emergency
Management Agency (ClFBMAU), [)epartmcnt of
Homeland ~urity, and GALE NORTON, in her
official capacity as Secretary of rhe United States
Dep~entof~ln~~
Defendants,
/
ORDER MODIFYING INJUNCTION (DE # :137) AND
DENYING MOTION TO INTERVENE (DE # 330) AS MOOT
THlS CAUSE elUDe before this Court on the Plaintiffs' and Federal Defendants' ("the
Parties") "Joint Motion to Modify Injunaion" and the uMotion to Intervene" filed by Sandler at
Greater Marathon Bay LtC (DE # 330). Having reviewed the applicable pleadings and Jaw, it is
ORDERED AND ADJUDGED that the Parties' joint motion is GRANTED.
IT IS HEREBY ORDERED that the following properties aTe deleted from the list of
I In his official capacity, Acting Director R. David Paulison is automatically substituted as co.
Defendant, in place of Michael O. Brown, pursuant [0 Fed. R. Civ, p, 2S(d)(J),
Oaf1'
3t
{l.\
DEC-19-2005 MON 10:27 AM
FAX NO,
"Monroe County Real Estate Numbers in Suitable Habitat 9/051t (DE # 238) and are therefore
not subject to Ihe Injunction established by Order Oflhis Court on September 12,2005 (DE #
237):
1. Mandalay subdivision on Key Largo near MM 98.5 oceanside (comer ofE. First
Street, E, Second Strcct, and First Avenue) (RE #00554720-000000 and 00554720-000100);
2. Tract C. Blue Water Trailer VilIaae Section 1 in Tavernier (comer of Burton
Drive and US I at MM 92.5 oceanside) (RE 000488730-0000(0);
3. Wet Net property on Upper Matecumbe Key near MM 82.5 (between US I and
Lhe Old Highway) (RE #00095920-000100, 0009598Q..OO0100, and 00096000-000000);
4. Falcon Pass Aparlments in Marathon near MM 50.5 oceanside (next to Wooden
Spoon R.estaurant; opposite comer of US 1 & Aviation Blvd) (RE #00103560.000200);
S. Bleck D, lot 22. Pucrta. del Sol in Marathon near MM 50,5 oceanside (vacant lot
adjoining house at 321 66th Street) (RE #0034t680~OOOOOO)~
6. Block 8, Lots 8~ II, Cutthroat Harbor Estates on Cucljoe Key (between US 1 and
La Fitte Drive near MM 22.5 oceanside) (RE #00178350-000000,000178360-000000,
00178370-000000; and 00178380-0(0000);
7 Part ofTracf S, Porpoise Poilu Section 5 on Big Coppitt Key (comer ofEmera1d
Drive, Sapphire Drive, and US 1 near MM 10.5 bayside) (RE noo I 56320-000000);
8. Park Village Development on Stock Island near MM 4.5 oceanside (bordered by
6th Ave, 7th Ave, Cross St, and 5th Street) (RE #00131180-000000 throngh 00131310-000(00)~
and
9. Sandler property (bay side of Marathon at approximately 37th to 39th Streets)
2
7011D
P. 03
DEC- ~ 9-20~_5 MON 10: 28 AM
FAX NO.
(RE # 00336980-000000, 00336990--000000, and 00337000..(00000),
10. Dog TnK:k Property on Stock ls'lII1d near MM 4.5 oceWlside. (comer of 5th Ave
and Shrimp Road) (RE #00123800..000101).
I L Tortuga West Development on Stock Ialand near I'vIM 4.5 oceanside (corner of
Maloney Ave, and Peninsular Ref,) (RE 11 00126200.000000; 00126240.000000~ 00126260-
000000).
The property description and location information is included for ease of reference only.
To tbe extent there tS any ambiguity based on the property description and location information,
the Court's Order dated September 12. 2005 (DE'" 237) is modified only with respect to the
specific foHo (RE) numbers identified herein.
IT IS FURTHER ORDERED THAT lhe definition of "new development" in this COwt's
Order dated. September 12.2005 (DE # 237) is hereby clarified as follows:
"New development" is defined as any residential or commercial developh:lent where
construction of the structure had not yet begun as of September 12, 2005. Reconslnlction,
redevelopment. renovation, replacement or expansion of a structure that e~isted on the site prior
to September 12, 2005 ("the action'') shaU not be considered "new development," if:
(l) the action results in the same use or a less intensive !Sse; (e.g., single family home for
single family home, duplex for duplex, multifamily for multifamily with the same or fewer
nlJlJlber of units, commercial for C011lll1erciaJ, duplex to single family home, 4>1 similar net
reduction in the number of dwelling or commercial units); and
(2) the action no more than doubles the footprint or square footage of the original
structure, or totals nQ more lhanlSOO square feet. whichever is larger; and
3
. e>f10
p, 04
/.
~C-19-2005 MON 10:28 AM
FAX NO,
p, 05
(3) the action does not entail clearing or using any areas on the site outside of areas \hat
were cleared. paved, or within the footprint of the pre-existing structure on September 12, 2005.
In order for a property owner to qualify for flood insurance under the National Flood
Insurance PrograM ("NFLP") in conjunction with any reconstruction, redevelopment, renovation,
replacement or expansion of a strutture on property included in the list of Monroe County Real
Estate Numbers in Suitable Habitat 9/05"(08 # 238), the owner shall obtain frorn the local
government having jurisdiction to issue a building pennit for that property a certification to
FEMA and FWS that. at the time the permit is issued. the proposed project complies with the
parameters set forth in paragraphs (1), (2). and (3) above; and a second certification to FEMA
and FWS after passing final inspectioll thatlhe property, as built, complies with tbe parameters
set forth in paragraphs (1), (2), and (3) above.
A mobile home replaced with a modular home, or replaced by a home built by traditional
methods. shall be considered the "same use" for pUJposes of this Order.
Nothing in this definition shall be consb:ued l.o allow destruction orany native vegetation
that existed on September 12,2005, or the use of allY area that had native vegetation on
September 12,2005.
Nothing in this definition shall be construed to allow any reconstTUction, redevelopment.
renovation, replacement or expansion of a strUcture that is not otherwise permissible under
applicable local zoning and building ordinances.
Nothing in Lhis definition shalt be constrUed to require a property owner to seek a local
government pennit for iDlY activity that does not otherwise require local government pencitling
pursuant to applicable tocal zoning and building ordinances,
4
9af10
DEC-19-2005 MON 10:28 AM
FAX NO,
Nothing in this definition or in the coun's previous Order (DE # 237) sball be construed
to limit the applicability of any existing flood. insurance policy pursuant to the NFIP or to
preclude the issuance of flood inslllance for existing developments (i .e., existing on the site prior
t.o september 12, 2005 and not involving the reconstruction, redevelopment, renovation,
replacement or expansion of a structure that existed on the site prior to September 12, 2005).
upon tbe sale or transfer of such property, regardless of whether such propertY is included in the
list of "Monroe County Real Estate Numben; in Suitable Habitat 9/05" (DE"# 238).
The l'Motion to llltervene" filed by Sandler at GreateT Marathon Bay LLC (DE # 330) is
hereby denied as moot.
DONE AND ORDERED. in Chambers. at Miami, Florida. th'
~y of December, 2005.
-~
copies provided:
.S. ISTRICT COURT JUDGE
K. MICHAEL MOORE
All counsel of record
5
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p, 06