Item P1
Memorandum
To: Richard Collins, County Attorney
From: Bob Shillinger, Asst. County Attorney
Date: March 15, 2004
Re: March 2004 CAY litigation report
NEW CASES FILED AGAINST THE COUNTY
Key Tex Shrimp Docks Condo Assoc. v. Monroe County CA K 04-224
Circuit Court (16th) Judge: Taylor Date Filed: 3/2/04
Petition for Prohibition to prevent County from denying permits because of
ownership conversion to condominiums and Mandamus to compel the building
department to accept permit applications that have been placed on hold.
Growth Management
Status:
Awaiting Court's review of petition for legal sufficiency.
Next Activity:
File response if court so orders.
Time: 0.3
Costs:
0.00
McCoy, Kimberl~ & Jack v. Monroe County CA P 04-62
Circuit Court (16 h) Judge: Garcia Date Filed: 2/13/04
Slip and fall injury case on Indian Avenue, Tavernier, a County road. Invalid
service 6n Mayor Pro Tem on 2/25/04.
Public Works
Status : CAY staff filed motion to quash improper service; staff acting as co-
counsel to contract counsel.
Next Activity:
Hearing on motion to quash, TBS.
Time: 1.8
Costs:
0.00
Smart Plannina & Growth Coalition v. Monroe County 3D 04-552
Third DCA Judges: Levy, Ramirez & Wells Date Filed: 3/9/04
Emergency certiorari petition appealing Judge Garcia's denial of mandamus
petition that sought to immediately halt construction of the Key Largo Walgreen's.
Growth Management
Status:
Response filed on 3/12/04; Cert. denied on 3/12/04.
Next Activity: Ask SOCC if it wants to move for attorney's fees and costs.
@150/hr//actual cost
Time: 13.5 + 6 from volunteer law clerk ($2025/$647.19) Costs: $14.22
PIl
GENERAL LITIGATION
Balch, Jeffrev v. Monroe Countv at at 04-10008-CIV Moore
U.S.D.Ct. S.D.Fla. Judge: Moore/Mag. Sullivan Date Filed: 1/23/04
Mandamus action to issue a building permit and for damages for civil rights
violations against the County, the City of Marathon, DEP, EPA, & an EPA official.
Growth Management
Status:
Staff drafting motion to dismiss.
Next Activity:
File motion to dismiss by March 19, 2004.
Time:
4.0
Costs:
Clav, Robert Lee~ John & Li Chiunq Movant v. Monroe Countv CA M 04-05
Circuit Court 16t Judge: Jones Date Filed: 01/05/04
Mandamus Petition to release building permits for 2 properties on Big Pine or
alternatively seek damages for inverse condemnation. Mayor served 118/04;
amended petition adding two additional owners filed 2/3/4.
Growth Management.
Status:
Settlement agreement on agenda.
Next Activity:
Hearing noticed for 3/24/04.
Time: 3.3
Costs:
None
DEP v. Monroe Countv DEP 04
Administrative Hearing ALJ: Date Filed: 12/8/03
Administrative proceeding arising from a fuel spill at the Marathon Airport on
September 30,2003.
Airports
Status:
Tentative agreement reached to settle fines & costs for $3750.00
Next Activity:
Sign consent decree
Time: 8.0
Costs:
nla
Eden, Nathan v. Monroe County & Jim Roberts CA K 04-100
16th Circuit Judge: Payne Date Filed: 1/28/4
Mandamus action to issue building permit to place brick pavers in the setbacks.
Growth Management.
Status:
Writ of Mandamus issued after hearing on 2/11/04.
Next Activity: Formal writ being drafted.
Time: 9.0 Costs:
D&J Industries v. Monroe County CA P 99-543
Circuit Court 16th Judge Garcia Date Filed: 10/12/99
Cert. review of the BOCC's decision to award contract for roofing contract for the
Marathon Government Annex to another bidder.
Public Works
Status:
Closed. Dismissed for lack of prosecution.
Next Activity:
Hearing on BOCC's Motion for Attorney Fees tba.
Time: $5,160.00 Costs: unknown
In re: Florida Petroleum Reprocessors Site Davie, FL CER 04-2004-3751
US EPA Admin. Proceeding Judge: TBA Date Filed: TBA
The County avoided being sued by EPA for County's role in generating and
transporting hazardous waste (mostly oil) to a superfund site in Davie, Florida.
Public Works/Solid Waste
Status:
Settled for $17,100.95.
Next Activity:
Awaiting signatures on agreement and payment instructions.
Time: 10.4
Costs:
None
Hinote Construction v. Monroe County CA P 03-344
Circuit Court (16th) Judge Garcia Date Filed: 6/18/2003
Civil Rights action arising out of a denial by the Planning Commission of a
transfer of commercial square footage to the proposed Walgreen's in Key Largo.
Growth Management.
Current Status:
Settled.
Next Activity:
See Smart Plannino & Growth Coalition v. Monroe County
Time: 24.4 hours
Costs: $50.46
Lloyd Good v. Monroe County CA K 04 _____
Circuit Court (16th) Judge: Date Filed:
On 11/24/03, the County was served with notice of a claim under the Bert J.
Harris Act regarding two parcels of property owned by Lloyd Good.
Growth Management.
Current Status: Statutory Notice provided to Dept. of Legal Affairs on 12/9/3.
Next Activity: Nothing scheduled. Reviewing claim.
Time: 2.1 hours
Costs:
$5.56
Loose. Karl at a/v. Monroe County Case No.: 03-10019-CIV-Hiahsmith
U.S. Dist. S.D.Fla.: Judge: Highsmith Date Filed: March 4, 2003
ADA case alleging access deficiencies for the Key West Court House complex
and Higgs Beach.
Public Works.
Current Status: Dismissed after settlement on 3/12/04.
Next Activity: Implement remedial measures.
Time: 56.2 hours by CAY
V & B has billed for $11,546.14
Costs: $1495.36
Monroe 'County v. Mark Fraleiah CAP 03-647
Circuit Court (16th) Judge: Garcia Date Filed: 12/8/3
Ejectment action against owner of structures located on County right-of-way.
Public Works.
Current Status:
DF preparing settlement offer & response to suit.
Next Activity: Answer due 3/29/4.
Time: 9.3
Costs: NONE
Monroe County v. Ana M. Martinez CA K 03 _ TBA
Circuit Court (16th or 11th) (no judge assigned yet)
Action to foreclose or seek declaration of rights on lien against Cuban biplane.
Airports
Current Status:
County reimbursed for security costs through other means.
Next Activity: Martinez is drafting lien release/indemnification agreement.
Time: 16.5 hours Costs: $200.00
pap Marina. Inc. v. Monroe County CA K 02-561
Circuit Court (16th) Judge: Payne Date Filed: May 2002
Cert. Petition appeal from denial of rezoning on Geiger Key Marina. This case
had been referred to M&H though that firm took no action because of a conflict.
No notice of said conflict was provided to this office.
Growth Management
Current Status:
Discovery process.
Next Activity:
File Response to Petition
Time: 8.7 hour
Costs:
none to date
Smart Plannina & Growth Coalition v. Monroe County CA P 04-8
Circuit Court 16th Judge: Garcia Date Filed: 1/13/04
Certiorari Petition and Declaratory Judgment act alleging that County's
settlement with Hinote Construction, Inc. is inconsistent with the comprehensive
plan. Mayor served 1/23/04.
Growth Management
Status: County filed motion to dismiss dec. action. Court has yet to issue
order to respond to cert. petition.
Next Activity: Hearing on injunction scheduled for 5/5/4.
TIme: 3.5 Costs:
Smart Plannina & Growth Coalition v. Monroe County CA P 04-36
Circuit Court 16th/3d DCA Judge: Garcia Date Filed: 2/2/04
Mandamus Petition seeking Court order GM Director McGarry to revoke building
permit issued to Hinote Construction as part of settlement of Hinote v. Monroe
County. Co-Respondents Hinote Construction and G & G Constructors.
Growth Management
Status:
Court denied petition; appeal taken, see above.
Next Activity: None at this level.
Time: 1.9 Costs:
State of Florida v. Monroe County TBA
Circuit Court (TBA) Judge: Date Filed:
Threatened litigation against the County by the AG's Medicaid Fraud unit.
Public Safety
Status: AG's office called to apologize for abusive conduct. No suit filed as
of 3/15/04.
Next Activity: Await AAG supervisor's review of file.
Time: 4.1 Costs:
ARTICLE V APPEALS
Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03
Circuit Court (16th) Judge: Date Filed: 8/11/03
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $2500.00. Lower Court case is
styled State v. James Thomas Hastings, 2003 MM 1845 K.
Current Status: Awaiting Appellant's initial brief.
Next Activity:
File Answer brief 20 days after initial brief is served.
Time: :1 hour
Costs: none to date
Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03
Circuit Court (16th) Judge: Date Filed: 7/29/03
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $10,000.00. Lower Court case is
styled State v. David Paul Saunders, 2002 MM 2083 K.
Current Status: Awaiting Appellant's initial brief.
Next Activity:
File Answer brief 20 days after initial brief is served.
Time: .6 hour
Costs: none to date
CODE ENFORCEMENT APPEALS
Decker, Harry v. Monroe County CA K 01-1252
Circuit Court 16th Judge Payne Date Filed: 10/5/01
This is an appeal of a code enforcement OSTOS case. The County's Answer
brief has been drafted and is undergoing the revision process.
Current Status:
County's brief has been drafted, needs revisions
Next Activity:
File County's brief.
Time: 6 hours
Costs: none
Eads, Barbara v. Monroe County CAP 03-117
Circuit Court 16th Judge Garcia.:. Date Filed: 2/27/03
This is a code enforcement appeal of the special master's order finding the Lowe
House to be in unsafe condition and setting forth a compliance schedule.
Status:
County prevailed in cert. Case.
Next Activity: Appellant's brief is due April 5, 2004.
Time: 3.5 hours Costs: none
Fuchs, Walbun:la v. Monroe County CA K 01-1251
Circuit eourt (16th) Judge Vernon Date Filed: 10/5/01
This is a code enforcement appeal of an OSTOS case.
Current Status: The County's Answer brief has been drafted and is currently
being revised. The Appellant has consented to an extension.
Next Activity:
File brief.
Time: 8 hours
Costs: none
Stevenson, MK v. Monroe County CA K 02-257
Circuit Court 16th Judge Payne Filed: 2/26/02
Appeal of a finding that Caribbean Village storage sign was an off premises sign.
Current Status: All brief have been filed. Oral argument was requested 2/5/4.
County objected to request because deadline passed.
Next Activity: Court decision.
Time: 27.8 hours Costs: none
CODE ENFORCEMENT FORECLOSURES/COLLECTIONS
Monroe County v. Mario Alfonso CA K 03-1458
Circuit Court (16th) Judge: (none yet) Date Filed: 12/08/03
Code enforcement foreclosure action authorized by the sacc on 6/18/03.
Fine fixed at $91,450.00.
Current Status: Defendant moved for extension to file answer.
Next Activity: OF's answer due on 4/15/04.
Time: 3.4 hour
Costs: $111.00
Monroe County v. Robert Brown & Marie Drisse, CA K 03-1036
Circuit Court (16th) Judge: Payne Date Filed: 9/3/3
Action to foreclosure on the "Stairway to Heaven" authorized 4/03. Judgment of
$187,100.00 imposed.
Current Status: Deed recorded 3/12/04; settlement agreement filed.
Next Activity: File dismissal of action and satisfaction of judgment.
Request bids for clean up.
Time: 18.3 hours
Costs: $192.70
Monroe 'County v. Patricia Cambo CA K 04 ________
Circuit Court (16th) Judge: Date Filed:
Code enforcement foreclosure action that was authorized by the sacc 12/17/3.
Fine was $18,600.00 as of 12/17/03 and accruing at $150 per day.
Current Status: Negotiating with new owner/old owner-violator.
Next Activity: File suit.
Time: 1.5 hour
Costs: $0.00
Monroe County v. Dirk Damrau
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the sacc 6/18/03.
$169,900.00 as of 7/18/03 and accruing at $200.00 per day.
CA K 03 (TBA)
Fine was
Current Status: Compliance achieved.
Next Activity: Negotiate settlement.
Time: 1.6 hour
Costs: none to date
Monroe County v. William L. Davis
Circuit Court (11th) Judge: Date Filed:
Action to collect $29,500.00 from former owner of property who fraudulently sold
property to innocent owner. DF in Federal prison.
Current Status: Demand letter sent 3/3/4.
Next Activity: File Suit 4/5/4.
Time: 1.1 hour
Costs:
none
Monroe County v. Daniel & Sylvia Fuller CA P 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 6/18/03.
Lien fixed at $86,350.00. Property brought into compliance after 115 days.
Current Status: Title search ordered 2/614.
Next Activity:
File Suit.
Time: 2.2 hour
Costs: none to date
Monroe County v. Dan Gleason, SC P 03 _ 165
Count Court (16th) Judge: ptomey Date Filed: 8/5/03
Small claims action for a money judgment to collect $520.00 in unpaid code
enforcement fines and costs authorized by the SOCC in April of 2003.
Current Status: Default Judgment entered on 9/11/03 for $1335.92
Next Activity: File final judgment with Dept. of State & begin enforcement
proceedings.
Time: 8.9 hours
Costs: $65.92
Monroe County v. Jack HaQopian, CA P 03-529
Circuit Court (16th) Judge: GARCIA Date Filed: 10/1/03
Code enforcement collection action authorized by SOCC on 8/20/03. Fine was
$203,100.00 as of 9/30/03 and accruing at $250.00 per day.
Current Status: County filed Motion for Summary Judgment on 2/12/04.
Next Activity: Motion for summary judgment hearing 4/15/04.
Time: 7.5
Costs:
$20.00.
~
Monroe County v. Dorothy HouQh CA P 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 9/17/03. As of
9/25/3 lien valued at $25,050.00 and accruing at $50.00 per day.
Current Status: Owner's A TF permit waiting to be issued.
Next Activity: Title search ordered 2/6/4. Status check 4/1/4.
Time: 1.0
Costs:
none
Monroe County v. Chris Johnson (12 violations) CA K 03-1173
Circuit Court (16th) Judge: Payne Date Filed: 10/7/03
Code enforcement foreclosure action that was authorized by the SOCC 7/15/03.
$12,000.00 per day since 2/21/03.
Current Status: County was successful bidder at auction.
Next Activity: Move for deficiency judgment.
Time: 9.3 hours
Costs: $310.00
Monroe County v. Key LarQo Ocean Resorts CooP. Inc. CA P 96-260
Circuit Court (16th) Judge Garcia Date Filed: 5/20/96
This is an action to foreclose a code enforcement lien.
Current Status: Case has been removed from Court's docket due to
settlement agreement that the SOCC approved on 6/18/03.
Next Activity:
Joint status report to Court due 4/01/04.
Time: 31.2 hours Costs: $340.00
Monroe County v. LarQo Coin Laundry. Inc.
Circuit Court (16th) Judge: (none yet) Date Filed:
Action to foreclosure 2 code enforcement liens authorized by the SOCC 4/2003.
Fine was $183,500.00 as of 5/30/03; compliance achieved.
CA P 03(TBA)
Current Status: Owner has offered to settle for $2000.00. CAY has asked for
$5000.00.
Next Activity: Present offer to SOCC at March 2004 meeting.
Time: 2.5 hour
Costs: none to date
Monroe County v. Pedro Liz (Bakery) CA K 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 7/17/03 when fine
was $119,900.00 and accruing at $200.00 per day.
Current Status: Owner working towards compliance.
Next Activity: Title search, then file suit if collection efforts unsuccessful.
Time: 1.0
Costs:
none
Monroe County v. Pedro Liz (Trailer) CA K 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 9/17/03. As of
9/25/3 lien valued at $133,300.00 & accruing at $200 per day.
Current Status: Owner working towards compliance.
Next Activity: Title search, then file suit if collection efforts unsuccessful.
Time: .5
Costs:
none
Monroe County v. Lily Marks, (OSTDS) CA K 03-1152
Circuit Court (16th) Judge: Payne Date Filed: 10/2/3
Code enforcement collection action authorized by SOCC on 8/20/03, when fine
was $263,850.00 and accruing at $250.00 per day.
Current Status: Discovery process.
Next Activity: If no compliance, move for summary judgment.
Time: 1.0
Costs:
$20.00
Monroe County v. Lily Marks, (Sheds) CA K 04 _
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 12/17/03 when fine
was $99,100.00 and accruing at $500.00 per day.
Current Status: Demand letter sent 12/17/03.
Next Activity: Amend CA K 03-1152 to include this count.
Time: .5
Costs:
$0.00
Monroe County v. Arthur Mehr (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BaCC 6/18/03.
Fine had reached $28,380 on 7/18/03 and continues to accrue at $20 per day.
Current Status:
Owner just received permits needed to achieve compliance.
Next Activity:
Status review 4/1/4.
Time: 2.1 hour
Costs: $150.00
Monroe County v. Armanda Perez 03-42694
US Bankruptcy Ct., S.Fla. Judge: Robert Mark Date Filed: 11/26/03.
Code Enforcement collection action authorized by BaCC on 4/18/03. As of that
date, fine totaled $30,775.00. Homesteaded property so not a foreclosure.
Current Status: Defendant filed for Chapter 7 Bankruptcy on 11/26/03.
Next Activity: Action stayed by bankruptcy court.
Time: 2.1 hour
Costs: none to date
Monroe County v. Safe Harbor Marine Railway Corp.
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BaCC 6/18/03.
As of 1/114, lien totaled $106,700.00.
CA K 03 (TBA)
Current Status: Title search pending.
Next Activity:
File suit.
Time: 1.5 hour
Costs: none to date
Monroe County v. Eduard Stefani, CA K 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BaCC 4/18/03. Fine
became fixed at $23,550.00 when property brought into compliance.
Current Status: Settled.
Next Activity:
Close case.
Time: 2.5 hour
Costs: $150.00
Monroe County v. Joseph Sutton CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 6/18/03.
Fine was approximately $18,000.00 when compliance achieved.
Current Status: Property in compliance. Negotiating with owner.
Next Activity:
Title search pending. File suit.
Time: 1.5 hour
Costs: none
Monroe County v. Gertrude Waters
Circuit Court (16th) Judge:
Code enforcement collection action
9/25/3 lien valued at $79,300.00.
CA M 03 (TBA)
Date Filed:
authorized by SOCC on 9/17/03. As of
Current Status: Negotiating w/ son. Property not in compliance.
Next Activity: Title search pending. File suit.
Time: .7
Costs:
none
Monroe County v. Gary Yaworski/Anita Fox CA P 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the SOCC 4/18/03. Fine was
$113,108.00 as of 11/4/03 and accruing at $100.00 per day.
Current Status:
Compliance not yet achieved. Title search pending.
Next Activity:
File suit.
Time: 1.3 hour
Costs: none to date
Monroe County v. Darrell Wolfe
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 11/19/03.
CA P 04 (TBA
Current Status: Settlement on SOCC agenda for 3/17/04.
Next Activity: Release lien if settles.
Time: 2.5 Costs: $100.00