Item P1
Memorandum
To: Richard Collins, County Attorney /i
From: Bob Shillinger, Asst. County Attorney / Y).--
Date: May 18, 2004
Re: May 2004 CAY litigation report
NEW CASES FILED AGAINST THE COUNTY
Evans, Brian v. Monroe County 04-CIV-10033-JLK
U.S.Dist.,S.D.Fla. (Key West) Judge: King Date Filed: 5/6/04
Civil action against the County, and others, arising from actions of Sheriffs office
in publicizing the rescission of a warrant it had obtained for his arrest. CAY
accepted service on 5/13/04
MCSO
Status: CAY staff reviewing defenses to complaint. County has insurance
coverage through MCSO's carrier so outside counsel has already been paid for.
Next Activity:
Responsive pleading due on 6/2/4.
Time: 2.3
Costs:
0.00
Hiaas, Ervin v. Value Adiustment Board of Monroe County CA K 04-430
Circuit Court (16th) Judge: Payne Date Filed: 4/20/04
Action for injunctive relief against the V AB seeking to restore tax roll to just value
and to enjoin V AB from misapplying law in future valuations. Commissioner
Spehar served on 5/11/04 in her capacity as chair of V AB.
VAB
Status:
CAY staff reviewing complaint; will notify property owners.
Next Activity:
Responsive pleading due on 6/1/04.
Time: 1.2
Costs:
$76.00
In re: John B. Summers 04-12544-BKC-RAM
Bankruptcy, So.Fla.Dist. Judge: Robert Mark Date Filed: 3/25/04
Bankruptcy petition by SHIP loan mortgagor. County's interest is $8,972.00.
Housing Authority
Status:
CAY staff reviewing pleadings and file.
Next Activity:
6/28/04 deadline to challenge discharge.
Time: 1.2 hours
Costs:
0.00
-f. I
CASES CLOSED WITHIN LAST MONTH
Monroe County v. Larao 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: CLOSED.
Next Activity: NONE.
Time: 4.3 hour
Costs: none to date
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
$113,100.00 as of 11/4/03 and accruing at $100.00 per day.
Current Status: Files closed.
Next Activity: None.
Time: 3.0 hour
Costs: none to date
2
GENERAL LITIGATION
Balch. Jeffrey 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.
Next Activity:
Closed; awaiting refile.
Time:
14.4
Costs:
14.22
Clay. Robert Lee~ John & Li Chi una Moyant 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: Board approved settlement on April 21,2004; agreement pending
court approval.
Next Activity:
Awaiting court approval.
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:
3
Eleaant Kitchens & Baths. Inc. et al v. MC Contractor's Board CA M 03-312
Circuit Court 16th Judge: Jones Date Filed: 10/30/2003
Appeal from Contractor's Examining Board of a violation for aiding and abetting
an unlicensed contractor.
Growth Management
Status:
Appellant has filed its initial brief.
Next Activity:
Draft and file reply brief by June 14,2004.
Time: .5
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; payment instructions received 5/9/4.
Next Activity:
Payment must be made by 6/7/04.
Time: 10.9
Costs:
None
4
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. SOCC had
resolved to abandon Oceana Road in February of 1965 but the process was not
completed. Mayor served on 4/23/04.
Public Works
Status:
Responsive pleading due 6/14/04.
Next Activity:
CAY staff investigating if County still has any interest.
Time: 2.4
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 Planning & Growth Coalition v. Monroe County
Time: 24.4 hours
Costs: $50.46
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 Tern on 2/25/04. Mayor served on 4/15/04.
Public Works
Status:
Answer filed.
Next Activity:
Discovery.
Time: 3.4
Costs:
0.00
5
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; made settlement offer.
Next Activity: Discovery and/or Motions if settlement rejected.
Time: 10.4
Costs: NONE
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: County filed response on 5/17/04.
Next Activity: Hearing
Time: 15.7 hour Costs:
none to date
Provident Bank v. Rickv 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:
CAY staff drafted motion to quash service.
Next Activity:
Hearing on motion to quash; or Mayor gets served properly.
Time: 1.5
Costs:
none.
6
Smart Planning & 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 cart. petition. Discovery ongoing.
Next Activity: Motions hearing scheduled for 5/5/4.
Time: 8.5 Costs:
Smart Planning & 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:
County prevailed on appeal; see below.
Next Activity: None at this level.
Time: 1.9 Costs:
Smart Planning & 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:
Third DCA denied SPGC appeal within days of SPGC's reply brief.
Next Activity:
SPGC has 30 days to seek review in Supreme Court.
Time: 15.0 + 6 law clerk Costs: $14.22
7
POTENTIAL CASES THAT HAVE NOT BEEN FILED
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
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.
KW Airport
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
Monroe County v. Estate of Roland Fish CP K 04 TBA
Circuit Court (16th) Judge:
Collection action against decedent's estate to collect $900.00 for expenses
incurred in providing a pauper burial.
Social Services
Current Status:
Presuit investigation and cost benefit analysis.
Next Activity:
Seek BOCC approval if appropriate to go forward.
Time: .7 hours
Costs: 0.00
8
Monroe County v. Florida Detroit Diesel SC K 04 TBA
County Court (Sm. Claims) Judge:
Collection action seeking reimbursement for $4,905.00 in clean up costs
associated with improperly installed machinery.
Fleet management/Risk Management
Current Status:
Presuit investigation.
Next Activity:
Seek SOCC approval if appropriate to go forward.
Time: 2.1
Costs: 0.00
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:
9
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: County moved to dismiss appeal on 5/18/04.
Next Activity:
Hearing to be set.
Time: .6 hour
Costs: none to date
Monroe County Bail Bonds v. State ex rei. Monroe County CF K 03 - +- Sy
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: County moved to dismiss appeal on 5/18/04.
Next Activity:
Hearing to be set.
Time: 1.1 hour
Costs: none to date
10
CODE ENFORCEMENT APPEALS
Decker. Harry v. Monroe County
Circuit C
ourt 16th Judge Payne Date Filed: 10/5/01
This is an appeal of a code enforcement OSTDS case.
CA K 01-1252
Current Status: County's brief filed on May 5, 2004.
Next Activity: Await Reply brief and/or Court's decision.
Time: 16.8hours 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: Code Enforcement appeal abated until Third DCA rules on appeal
of certiorari case.
Next Activity: Await Third DCA's ruling.
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
11
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: Hearing scheduled for 6/1/04 on default.
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:
Closed
Time: 19.7 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: Title company reports will pay claim.
Next Activity: File suit 5/24/4 if not resolved by then.
Time: 4.8 hour
Costs: $0.00
Monroe County v. Marcos Caso CA K 04
Circuit Court (16th) Judge: Date Filed:
Code enforcement lien foreclosure action authorized by SOCC on 4/21/04. Fine
was $18,200.00 on that date and accruing at $100.00 per day.
Current Status: Owner working towards compliance.
Next Activity: Tickled for 6/1/4 for status on compliance.
Time: .6 hours
Costs: $0.00
12
Monroe County v. Dirk Damrau CA K 03 (TBAl
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 v. 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. OF 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 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 2/6/4.
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
13
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 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 7/14/04.
Time: 8.6
Costs:
$20.00.
Monroe County v. Dorothy Houah CA P 03 (TBAl
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 2/614. Status check 4/1/4.
Time: 1.0
Costs:
none
Monroe County v. James JeanQuenat CA P 04 -----------
Circuit Court (16th) Judge: Date Filed:
Code Enforcement collection action authorized by SOCC on 4/21/04. As of that
date, the fine was $136,100.00 and accruing at $500.00 per day.
Current Status: Demand letter sent on 4/21/04.
Next Activity: Title search if demand letter produces no results.
Time: .6
Costs:
none
Monroe County v. Chris Johnson (12 violations) CA K 03-1173
Circuit Court (16th) Judge: Payne Date Filed: 10n/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: Deficiency judgment hearing 5/24/04.
Time: 15.6 hours
Costs: $389.00
14
Monroe County v. Key Larao 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: Complete development agreement application submitted
5/12/04.
Next Activity: Status report due 7/1/04.
Time: 36.5 hours
Costs: $340.00
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. 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
15
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 SOCC 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 6/1/4.
Time: 2.1 hour
Costs: $150.00
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 SOCC 6/18/03.
As of 1/1./4, 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. 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
16
Monroe County v. Gertrude Waters CA M 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by sacc on 9/17/03. As of
9/25/3 lien valued at $79,300.00.
Current Status: Negotiating w/ counsel. Property not in compliance.
Next Activity: Title search pending. File suit.
Time: .7
Costs:
none
Monroe County v. Darrell Wolfe
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by sacc on 11/19/03.
CA P 04 {TBA
Current Status: Amended settlement agreement adopted by sacc on
4/21/04.
Next Activity: Release lien.
Time: 2.5 Costs: $200.00
17