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Item S01 Memorandum To: Richard Collins, County Attorney From: Bob Shillinger, Asst. County Attorney Date: April 20, 2004 Re: April 2004 CAY litigation report NEW CASES FILED AGAINST THE COUNTY Harris. Steven & Lourdes Spellman v. Monroe County CA P 04-178 Circuit Court (16th) Judge: Garcia Date Filed: 4/14/04 This is a quiet title action involving road abandonment in Key Largo. BOCC had resolved to abandon Oceana Road in February of 1965 but the process was not completed. This suit had yet to be served on the Mayor. Status: Awaiting Service Next Activity: Defense will be handled by CAY staff. Time: .4 Costs: none Provident Bank v. Ricky Allen. Monroe County. et al CA M 04-121 Circuit Court (16th) Judge: Jones Date Filed: 4/2/04 Foreclosure action against Ricky Allen. The County is named as a defendant due to a $36,000 SHIP mortgage which is subordinate to Provident Bank's mortgage. Commissioner Spehar served on April 12, 2004. SHIP Loan Program Status: Reviewing suit; CAY staff drafting motion to quash service. Next Activity: Responsive pleading due 5/3/04. Time: 1.5 Costs: none. Sl GENERAL LITIGATION Balch. Jeffrev v. Monroe County et 81 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: Dismissed without prejudice by Court because Plaintiff failed to file joint scheduling order. County's motion to dismiss denied as moot. Next Activity: Await Plaintiff's decision on whether to refile. Time: 14.4 Costs: 14.22 Clav. Robert Lee~ John & Li ChiunQ Movant v. Monroe County 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 1/8/04; amended petition adding two additional owners filed 2/3/4. Growth Management. Status: Settlement agreement on agenda. Next Activity: Settle or litigate. Time: 3.3 Costs: None 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 Plannina & 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 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 on Mayor Pro Tem on 2/25/04. Mayor served on 4/15/04. Public Works Status: CAY staff will stay on as co-counsel to insurance carrier's counsel. Next Activity: Responsive pleading due 5/5/4. Time: 3.4 Costs: 0.00 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: OF filed response to suit. Next Activity: Discovery and/or Motions. 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 releaselindemnification agreement. Time: 16.5 hours Costs: $200.00 PBP 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 PlanninQ & 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. Discovery ongoing. Next Activity: Injunction hearing scheduled for 5/5/4. Time: 8.3 Costs: Smart PlanninQ & 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: Smart PlanninQ & 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: SPGC has asked for en bane rehearing. Time: 13.5 + 6 law clerk Costs: $14.22 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 reviewing file. 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 OSTDS 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 by April 28, 2004. 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 May 5, 2004. Time: 3.5 hours Costs: none Fuchs, Walburaa v. Monroe County CA K 01-1251 Circuit Court (16th) Judge Vernon Date Filed: 10/5/01 This is a code enforcement appeal of an OSTDS 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 SOCC on 6/18/03. Fine fixed at $91,450.00. Current Status: County moved for default judgment on 4/19/04. Next Activity: Upon entry of default judgment, move for final judgment of foreclosure on this Sig Pine trap yard. Time: 3.8 hour Costs: $111.00 Monroe County v. Robert Brown & Marie Drisse. Circuit Court (16th) Judge: Payne "Stairway to Heaven" foreclosure. CA K 03-1036 Date Filed: 9/3/3 Current Status: Closed. Next Activity: File forwarded to Public Works for bids to demo. 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 SOCC 12/17/3. Fine was $18,600.00 as of 12/17/03 and accruing at $150 per day. Current Status: New owner's mortgage company has filed demand with title insurance company. Next Activity: File suit 5/3/4. Time: 2.5 hour Costs: $0.00 Monroe County v. Dirk Damrau CA K 03 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action authorized by the SOCC 6/18/03. Fine was $169,900.00 as of 7/18/03 and accruing at $200.00 per day. Current Status: Compliance achieved. Next Activity: Negotiate settlement. Time: 1.6 hour Costs: none to date Monroe County Y. William L. Davis CA P 04-181 Circuit Court (16th) Judge: Garcia Date Filed: 4/15/04 Action to collect $29,500.00 code enforcement fine from former owner of property who fraudulently sold property to innocent owner. DF in Federal prison. Current Status: Suit filed. Next Activity: Serve Defendant @ FCI Miami. Time: 2.4 hour Costs: $21 .00 Monroe County v. Daniel & Sylvia Fuller Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the sacc 6/18/03. Lien fixed at $86,350.00. Property brought into compliance after 115 days. CA P 03 (TBA) 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 sacc 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 Haaopian. CA P 03-529 Circuit Court (16th) Judge: GARCIA Date Filed: 10/1/03 Code enforcement collection action authorized by sacc 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 5/13/04. Time: 7.5 Costs: $20.00. ~ Monroe County v. Dorothy Houoh 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 ATF 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 owns property. Next Activity: Pay delinquent taxes; deficiency judgment hearing 5/24/04. Time: 14.0 hours Costs: $389.00 Monroe County v. Key Laroo 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: County moved to return to active trial docket due to lack of progress under settlement agreement. Next Activity: Hearing on motion on 5/13/04. Time: 31.2 hours Costs: $340.00 Monroe County v. Laroo Coin Laundry. Inc. CA P 03(TBA} 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. 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) 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. CA K 03 (TBA) 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. Lilv 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. Lilv 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 Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the sacc 6/18/03. Fine had reached $28,380 on 7/18/03 and continues to accrue at $20 per day. (TBA) Current Status: awner 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 sacc on 4/18/03. As of that date, fine totaled $30,775.00. Homesteaded property so not a foreclosure. Current Status: Lien discharged by bankruptcy court. Next Activity: Close file. Time: 2.1 hour Costs: none to date Monroe County v. Safe Harbor Marine Railway Corp. CA K 03 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the sacc 6/18/03. As of 1/1/4, lien totaled $106,700.00. Current Status: Title search pending. Next Activity: File suit. Time: 1.5 hour Costs: none to date 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 sacc 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 authorized 9/25/3 lien valued at $79,300.00. CA M 03 (TBA) Date Filed: by BOCC on 9/17/03. As of Current Status: Negotiating w/ counsel. 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 BOCC 4/18/03. Fine was $113,100.00 as of 11/4/03 and accruing at $100.00 per day. Current Status: Settlement on BOCC agenda for 4/21/04. Next Activity: File suit. Time: 2.3 hour Costs: none to date Monroe County v. Darrell Wolfe CA P 04 (TBA Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by BOCC on 11/19/03. Current Status: Amended settlement agreement on BOCC agenda for 4/21/04. Next Activity: Release lien if settles. Time: 2.5 Costs: $100.00