Item G2
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HUGH v. MORGAN
"'''''''''5 T. HENO"'CK
KARf:H K, CAeAHA5
"',"OPE V. Rl!:GAHTE
LAW OrFICES
,'J , 7 WHITEHEAD STREET
KEY WEST, FLORIDA .:33040
W. CURRY H.......'s
, I 907 'lS~ee)
H'LAI'rf U, ALBURY
(IG20 -199QI
MORGAN &. HENDRICK
FAX TRANSMISSION
TO: MAYORIlARVEY
COMMISSIONER NEUGENT
COMMISSIONER REICH
COMMISSIONER hUMAN
COMMISSIONER. WILLIAMS
TIM MCGARRY
CLERK'S Ornel, BELLE DESANTIS
FAX #:
292~3466
872-9195
305-852-1162
292-3517
305-289-'306
(305) 289-2536
295-3615
FROM:
KAREN CABANAS, ESQ.
DATE:
1/14/00
SUBJECT:
GROWTH MANAGEMENT REpORT
TRANSMITTER: SDB
Total number of pages including this cover sheet: 4
ORIGINAL DOCUMENT(S):
_x_ WILL NOT BE SENT
REGULAR
WlLL BE SENT
OVERNIGHT
The iflfcvmation CClIIIaiaed 1ft thia faesimile mesli~g~ is aaOllNY privileged and COlIfldenlial, intaldcd only for tbc lIae oftbc indi-..id\l~1 or CDQl)' nomed
"bov.. If the reader ofthia rncu.agc i.1IoI the iulelKlcd m,-1pieut, yo" arc ~by lKIlified 1JIat AllY dinaniDAuoq, dimilMauoo 01' copy otthia COIIIlDUnic~
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the abcm: .ddrca. VIA 1h~ U. S,l'onal Service. If you do not receive ell pap. plcue eell back &I 100ft "" possible 30S-296-S676. The fl>llowing ia our fax
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P,O, !:lox I I 17, KrYWE$!". Fl. 33041 $ "rrLEPHONt 305 2ge-S575 $ FACSIMILE .305 ZQe-4.3.31
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GROWTH MANAGEMENT LITIGATION REPORT
TO:
BOCC; Jim Hendriclc:; Tim McGany
FROM:
Karen K Cabanas, Esq.
DATE:
January 19-20, 2000
Vacation Rentals
Ratbkamp (Administrative Cballenge 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
chaJJenged does not raise the issues sought to be appealed, ($92,232.25 as of December- 31,
1999).
Neumont (Qass Action) - The district court previously granted Monroe County's Motion to
Dismiss, expressly 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 fe-asserting the ''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. ($9641.25 as of December
31, 1999).
Vaugbn/Schmitt (Pre-Existing CoutrattJ) - 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, Monroe County's Motion
to Dismiss is pending. ($4249.00 as of December 31, 1999).
~ow-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.
Plaintiffs will likely file motion for summary judgment. ($4500,00 as of December 31, 1999).
LaTorre - (Case being handled by Bill Friedlander, Esq.) Code enforcement appeal challenging
whether Monroe County is prohibited from enforcing BFE regulations due to statute oflimitations.
Case is fully briefed and ripe for final oral argument,
MtCord - Code enforcement case involving same issue as Beattie and LaTorre (whether statute of
limitations applies to County BFE regulations), Being handled in conjunction with Stuart Schurr.
($1425,00 as of December 31, 1999).
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Takines Claims
Burnham - Constitutional challenge to ROGQ, Plaintiff's have filed a jurisdictional brief with the
Florida Supreme Court seeking further appeal of their claims. Monroe County's responding
jurisdictional brief was filed October 25lh. Awaiting ruling from Florida Supreme Court as to whether
they will accept jurisdiction. ($90,424.00 as of December 3), 1999),
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. Both sides will likely file motions for summary judgment. ($8204.50 as of
December 31, 1999).
Shadek - Takings claim for 570 acres of North Key Largo property based on the fonner Major
Development Moratorium, Case has been set for trial in May 2000. ($82,760,75 as of December 31,
1999),
Si2ds & BiJJboards
Republic Media/Outdoor Systems - Declaratory action claim filed by billboard owners challenging
applicability of Post-Hurricane Emergency Permitting Policy and the billboard valuation schedule
pursuant to code regulations prohibiting repair of non-confonning billboards damaged beyond 500110 of
their value. Monroe County is appealing the September 1, 1999 Planning Commission action
granting Republic's application for an after-the-fact permit, The Planning Commission held that the
repair cost schedule required to be maintained by the Planning Director under fi9.S-407(c) may be
used only to determine the value of the billboard at issue and that actual costs may be used to
determine the value of the "work" to be done. ($7371,50 as of December 3), 1999).
Stoky - Appeal to Planning Commission challenging denial of after-the-fact pennit to repair sign.
Case was heard by Planning Commission which voted 3-2 to affirm the denial of the after-the-fact
pemlit under the same section at issue in Republic Media appeal. The applicant is appealing that
decision, ($1132,50 as of December 31, 1999).
Perry's (Key Largo) - Declaratory action almost identical to complaint filed by Republic Media &
Outdoor Systems challenging Post-HUJTicane Emergency Permitting Policy and it's application to
biJJboards. Case has been stayed pending the outcome of the Republic Media appeal. ($1055,00 as of
December 31, 1999).
Other Matters
TaJ;payers for ElectrifICation of No Name Key - Declaratory, vested rights, and ~ 1983 claims
challenging Monroe County's policy that insta.lling commercial electric service to No Name Key is
prohibited by the 2010 comprehensive plan. Monroe County has filed a Motion to Dismiss,
($2520,00 as of December 31, 1999).
Clay (Big Pine Moratorium) - New complaint filed against Monroe County alleging various claims
(takings, vested rights, ete,) based on the de facto building moratorium on Big Pine due to the traffic
level of service. AJl county regulations have been complied with (ROGO allocations have been
granted); only state concurrency and Endangered Species Act are preventing development at this
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time, Monroe County has filed a motion to dismiss on the grounds that any liability created by these
regulations (Chapter 163 concurrency and Endangered Species Act) should be borne by the agencies
charged with enforcing those regulations. Monroe County has no authority to enforce those
regulations. ($1290.00 as of December 31, 1999),
Galleoo Bay - Plaintiff has filed Petition for Certiorari review of BOCC s decision to deny vested
rights application, Monroe County's response was filed November ISLlt, ($1695.00 as of December
31, 1999)( does Dot include prior Galleon Bay matters).
Ambrose - Declaratory action claiming vested rights under '380.05(18). Defendants Monroe
County, DCA, and Islamorada's motions for sumnwy judgment were heard December 15"';
Plaintiffs' motion for sununary judgment will be heard February 2Stll ($28.522.25 as ofDecembcr 3].
1999).
Florida Keys Medieal Complex - Declaratory action case regarding Code regulations dealing with
shared and off-street parking, (whether a variance is required under Plaintiff's Shared Parking
Agreement with the Elk' s Lodge). Marathon HMA has appealed Judge Taylor's Order denying their
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. ($2698,25 as of December 31, 1999).
Persooal Watercraft Industry Assoc. - Complaint for Injunctive and Declaratory Relief
alleging watercraft restriction zones Ordinance arc unconstitutional under commerce clause and
supremacy clause. Cross-Motions for Summary Judgment have not yet been re-scheduled for
hearing. ($19,178.00 as of December 31, 1999).
Royal Plum Condominium Assoeiatiod - 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 will file discovery requests to support motion for summary
judgment. ($2]52.50 as of December 31, 1999).
SUDshioe Key - Administrative appeal to DOAH regarding highway-readiness of Recreational
Vehicles. Oral argument was held February I", Awaiting ruling by DOAH Administrative Law
Judge, ($108.903,50 as of December 31, 1999 - for aU Sunshine Key litigation).