Item F2
LAW OFFICES
3 I 7 WHITEHEAD STRItET
KEY WEST. FLO~IOA. 33040
w. CURRY HARRIS
llea7.,g881
HII.AIW U. ALBURY
IlgZO -I egg)
HUGH U. MO~GA'"
,",AMES T. HENDRICK
KAAEH K. ~A5
JliODE: V. RI!GANTE
MORGAN & HENDRICK
FAX TRANSMISSION
TO: JIM ROBERTS
MAYOR FUEMAN
COMMISSIONER HARVEY
COMMISSIONER NEUGENT
COMMISSIONER REICH
COMMISSIONER WILLIAMS
TIM MCGARRY
CLERK'S O"ICE. BELLE DESANTIS
FAX #:
Z92-4544 .,/
2'2-3466/
872-91~~
305-852-716
292-357
JOS-289-630V
(305) 289-2536
295-3615
FROM:
IUREN CABANAS, ESQ.
DATE:
7/24/00
SUBJECT:
GROWTH MANAGEMENT IaPORT
TRANSMITTER:
JONl
Total number of pages including this cover sheet: 4
ORIGINAL DOCUMENT(S):
x WILL NOT BE SENT waL BE SENT
REGULAR OVERNIGHT
COMMENTS:
The infOlIllllliaa conuifted ill tmJ rae.mule mcaaacc ill altOJ'JlC)' privileged and cllftlideal.ial. iIIIendcd oaIy for \be 11M orb iodividual or eiIlicy puncd
UClVC. 1f1llc relldcr oC\hi1; DlCSIIlgt is nOt the inu:ndcd rc:dpicnt, you an: hcn:by notified 1A&t ilI1Y disseminltion, ddtribution or copy oClbU CClIDIDlmicarioll
is :>1ri~y prohibited. If you have received !hi, COIllIIIUIIicuion in aTor. plcuc immcdlatcly notify UlI by loIephoN UId l'ClUrft die oriGinal_p 10 no; ;al
the above adchss V1hthc U. s. Poatal S~. If you do 1101 receive aU pas"", plcuc Cllll back aa_;g possibla30S-296-5676. 'ThcfoUowmgisOUl"w
number 305.1,.031.
P.O. 601( 11/7. KEYWEST. F'l. .3.3041 $ TELEPIIONE.305 29!:'.SB75 $ f"AC5IMlLE ~O~ C!ge-433I
f:fA
GROWm MANAGEMENT LITIGATION REPORT
TO
BOCC~ Jim Hendrick; Tim McGarry; Jim Roberts
FROM:
Karen K. Cabanas, Esq.
DATE:
July 26-27,2000
V.cation Rentals
o Neumont (Class Action) - District Court denied motion to dismiss; hearing was held July 19lh
on plaintiffs' motion for class cenification; Plaintiffs have also filed motion for partial summaI)'
judgment on premature enforcement claim; Monroe County has tiled response arguing res judicata
based on 3td DCA's denial of motion for stay in Rathkamp and arguing abstention (federal courts
should abstain from deciding issues of pure state law). ($11.498.25 as of June 30, 2000).
Below-Flood-Elevation ViolatioDs
G) Beattie - Declaratory action regarding whether Monroe County is barred from enforcing prohibitions
against below-BFE enclosures due to statute oflimitations or other time-barring doctrines. Summary
judgment on issue of statute oflimitations was heard on May 21, along with laTorre oral argument.
Awaiting ruling from Judge Payne. ($9,500.00 as ofJune 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 oflimitations.
See Beattie (above).
Takin25 Claims
New Port Largo - State "physical occupation" takings claim that had been remanded back to state
coun when federal claims were dismissed Case has been bifurcated to separately decide issues of
liability and damages. ($8422.00 as of June 30, 2000).
Sbadek - 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, 200 I, 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. ($87,430.75 as ofJune
30, 2000).
Si2PS & Billboards
Republic: Media/Outdoor Systems - Declaratory action claim filed by billboard owners challenging
applicability of Post.Hunicane Emergency Permitting Policy and the billboard valuation schedule
pursuant to code regulations prohibiting repair of non-conforming billboards damaged beyond 5001iv of
their value. Monroe County is seeking discovery requests regarding existing billboards and the work
than has been done without pennits. (S13,041.50 as of JUDe 30,2000).
Stoky - Plaintiffs have filed two separate appeals of Planning Commission's decisions aftinning the
denial of two after-the-fact building pennits (1) for reconstruction of porch and deck structures and
(2) for re-construction of a non-confonning sign. Monroe County's Answer Brief for sign is
tentatively due August 4th. Plaintiffs have been granted extension of time to file Initial Briefon porch
& deck appeal. ($2,655.00 as of June 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. ($1295.00 as oOune 30,
2000).
Other Matters
Taxpayers for Electrification of No Name Key - Declaratory, vested rights, and 91983 claims
challenging Monroe County's policy that installing commercial electric service to No Name Key is
prohibited by the 2010 comprehensive plan. Mom-oe County's Motion to Dismiss was heard by
Judge Taylor; awaiting ruling. Also awaiting discovery responses regarding Plaintiffs' vested rights
allegations. ($4,082.00 as ofJune 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. ($2,707.50 as oflune 30,2000).
Galleon Bay - Plaintiff has filed Petition for Certiorari review ofBOCe's decision to deny vested
rights application. Monroe County's response was filed November 151\1. No hearing has been set.
Plaintiffs have moved to have case transferred to lower keys division. ($1695.00 as of June 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. Defendant has filed a Motion to Dismiss for Lack of Jurisdiction.
Plaintiffs will filed a joint response opposing that motion which challenges the right to appeal a non-
tinal order. In addition, Last Stand has filed a motion to appear as amicus curiae and filed an
accompanying brief in support of Monroe County. ($33,877.25 as ofJune 30,2000).
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--..-- _.--
Florida Keys Mediw 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 lIMA 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 Conumssion reversed. Appeal was denied by Third District Court of Appeal.
($2750.75 as of June 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 Sununary Judgment were denied and case has been set for
trial. The Florida legislature has passed an amendment to the Florida Statutes which prohibits any
local govermnent from discriminating against personal watercraft. Accordingly, the ordinances
passed by Monroe County are rendered invalid and unenforceable by this legislation which
became effective July 1,2000. Monroe County will file notice oftms legislation with a suggestion
ofmootness to the coun, asking that the matter be dismissed as moot. ($21,540.50 as ofJune 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. Parties reached a tentative agreement through mediation. The proposed
settlement agreement will be on August BOCC agenda. ($3,135.00 as of June 30, 2000).
Tropit. Leisure Recreation - Complaint regarding property on Upper Matecumbe in which Plaintiffs
claim they were denied building permits for new construction. Plaintiffs bave filed suit against
lslamorada and Monroe County. Monroe County's Motion to Dismiss was filed March 24t1t. Case
has been removed to Federal District Court and Motions to Dismiss are pending. ($1,282.50 as of
June 30, 2000).
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