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Item H205/15/00 18:35 FAX 3052964331 MorganHendrick3052984331 Z 002/004 GROWTH MANAGEMENT LITIGATION REPORT TO: BOCC; Jim Hendrick; Tim McGarry; Jim Roberts FROM: Karen K. Cabanas, Esq. DATE: May 17-18, 2000 Vacation Rentals Neumont (Class Action) — District Court will likely dismiss Plaintiffs' premature enforcement claims again based on finality of Rathkamp appeal; Monroe County's motion to dismiss has been fully briefed and is still pending. Plaintiffs have requested the opportunity to depose Mayor Freeman and Commissioner Williams. Monroe County has filed a motion for protective order to prevent the depositions from occurring. Depositions have been postponed for 30-days pending a court ruling on the motion for protective order. ($11,055.75 as of April 30, 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. Summary judgment on issue of statute of limitations will be heard on May 21, along with LaTorre oral argument. ($8,180.00 as of April 30, 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 on May 21, 2000. Takings Claims New Port Largo - State "physical occupation" takings claim that had been remanded back to state court when federal claims were dismissed. Case has been bifurcated to separately decide issues of liability and damages. ($8422.00 as of April 30, 2000). Shadek - Takings claim for 570 acres of North Key Largo property based on the former Major Development Moratorium. Trial has been continued and re -set for February, 2001, at request of all parties due to the lack of a permanent judge in the upper Keys division. Monroe County anticipates requesting additional discovery and taking depositions in preparation for trial. ($86,898.25 as of April 30, 2000). H. A- 05/15/00 16:35 FAX 3052964331 MorganHendr1ck3052964331 [003/004 Signs & Billboards 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 -conforming billboards damaged beyond 50% of their value. Monroe County is seeking discovery requests regarding existing billboards and the work than has been done without permits. ($12,659.00 as of April 30, 2000). Stoky — Plaintiffs have appealed the Planning Commission's decision affirming the denial of two building permits for reconstruction of porch and deck structures. Plaintiffs have been granted extension of time to file Initial Brief. ($1710.00 as of April 30, 2000). Perry's (Key Largo) — Declaratory action almost identical to complaint filed by Republic Media & Outdoor Systems challenging Post -Hurricane Emergency Permitting 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 of April 30, 2000). Other Matters Taxpayers 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. Monroe County has filed a Motion to Dismiss which was heard on May 1". Also awaiting discovery responses regarding Plaintiffs' vested rights allegations. ($3707.00 as of April 30, 2000). Clay (Big Pine Moratorium) — 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 regulations (Chapter 163 concurrency and Endangered Species Act) should be borne by the agencies charged with enforcing those regulations. Plaintiffs' Petition for Writ of Mandamus will be heard August 3. ($2662.50 as of April 30, 2000). Galleon Bay — Plaintiff has filed Petition for Certiorari review of BOCC's decision to deny vested rights application. Monroe County's response was filed November 15`s. (S1695.00 as of April 30, 2000)(does not include prior Galleon Bay matters). Ambrose - Declaratory action claiming vested rights under ' 380.05(18). Defendants Monroe County, DCA, and Islamorada have filed their Initial Brief appealing Judge Payne's order granting vested rights to platted lot owners. ($30,239.75 as of April 30, 2000). 2 05/15/00 16:36 FAX 3052964331 MorganHendr1ck3052964331Z 004/004 Florida Keys Medical 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. ($2750.75 as of April 30, 2000). Personal Watercraft Industry Assoc. - Complaint for Injunctive and Declaratory Relief alleging watercraft restriction zones Ordinance are unconstitutional under commerce clause and supremacy clause. Cross -Motions for Summary Judgment were denied and case has been set for trial. Awaiting response from NOAA regarding whether any Personal Watercraft regulations will be adopted under National Marine Sanctuary. ($21,135.50 as of April 30, 2000). Royal Plum Condominium Association — 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. Trial date has been continued. Parties will conduct court -ordered mediation. ($2985.00 as of April 30, 2000). Tropic Leisure Recreation — Complaint regarding property on Upper Matecumbe in which Plaintiffs claim they were denied building permits for new construction. Plaintiffs have filed suit against Islamorada and Monroe County. Monroe County's Motion to Dismiss was filed March 2e. Case has been removed to Federal District Court and Motions to Dismiss are pending. ($1125.00 as of April 30, 2000).