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Item S01 Memorandum To: Richard Collins, County Attorney From: Bob Shillinger, Asst. County Attorney Date: July 13, 2004 Re: July 2004 CAY litigation report NEW CASES FILED AGAINST THE COUNTY Drewina, Janice v. James Roberts as County Administrator CA K 04-686 Circuit Court 16th Judge: Jones Date Filed: 6/25/04 Mandamus action seeking hearing in personnel dispute between plaintiff and her supervisor Louis Latorre. Order to Show Cause has not been served yet. Community Affairs/Social Services Status: Review by CAY staff. Will be handled in house. Next Activity: Await service of Order to Show Cause. Time: 1.0 Costs: 0.00 Neuman, Kenneth v. Monroe County CA K 04-663 Circuit Court 16th Judge: Jones Date Filed: 6/21/04 Action for damages and to compel County to issue building permits for property on Big Pine. County settled similar suit in April. Mayor served 6/25/04. Growth Management Status: Case being reviewed by CAY staff to determine if should be handled in house or by Growth Management counsel. Next Activity: Responsive pleading due by 7/15/04. Time: 1.0 Costs: 0.00 Stevenson, MK v. Monroe County TBA Third DCA Judges: TBA Filed: Appeal of Judge Payne's ruling upholding majority of Code Enforcement Special Master's decision regarding Caribbean Village storage sign. Current Status: County filed a cross appeal on the one minor issue that Judge Payne held that Special Master had committed error. Next Activity: Stevenson's initial brief due 8/31/04. Time: .5 hours (this appeal only) Costs: none ~.\ Turner, Marcia v. Monroe County CA P 04-329 Circuit Court 16th Judge: Garcia Date Filed: 7/8/04 Appeal of order entered by Code Enforcement Special Master Growth Management/Code Enforcement Status: Will be handled in house by ACA Mercado. Next Activity: Tl:Jrner's brief due 9/16/04. Time: .5 Costs: 0.00 Tuttle, David, Peter Rosasco & Harley Evans v. Monroe County CAM 04-243 Circuit Court 16th Judge: Payne Date Filed: 6/30/04 Action for damages and to compel County to issue building permits for property on Big Pine. County settled similar suit in April. No service yet. Growth Management Status: If/when served, case will be reviewed by CAY staff to determine if should be handled in house or by Growth Management counsel. Next Activity: Service. Time: 0.1 Costs: 0.00 CASES CLOSED WITHIN LAST MONTH -- NONE GENERAL LITIGATION Clay, Robert Lee~ John & Li Chiung 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 2/314. Growth Management. Status: Settled. Next Activity: Awaiting court approval. Time: 3.3 Costs: None 2 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 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: 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: Time: 3.9 Draft and file reply brief by 7/19/04. Costs: 0.00 3 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 Sheriff's office in publicizing the rescission of a warrant it had obtained for his arrest. CAY accepted service on 5/13/04 MCSO Status: Evans v01untarily dismissed case on 6/16/04, despite promised long and lengthy litigation. Evan served notice of intent to sue in Federal Court in Nevada. Next Activity: Motion for attorney's fees and costs in dismissed case. Brush up on card counting skills for Nevada case. Time: 5.0 Costs: 0.00 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. Mayor served on 4/23/04. Public Works Status: Tentative settlement agreement negotiated. Next Activity: Settlement agreement on BOCC agenda for 7/14/04. Time: 6.3 Costs: none ~ 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: Settlement discussions; discovery ongoing. Next Activity: County's discovery responses due by 7/16/04. Time: 8.1 Costs: $76.00 4 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 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. Public Works Status: Discovery process. Next Activity: Depositions 8/11/04. Time: 3.5 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: DF filed response to suit; made settlement offer. Next Activity: Discovery and/or Motions if settlement rejected. Time: 10.4 Costs: NONE 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: County filed response on 5/17/04. Next Activity: Hearing to be set. Time: 15.7 hour Costs: none to date 5 Smart Planning & Growth Coalition v. Monroe County CA P 04-8 Circuit Court 16th Judge: Payne 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: Case reassigned to Judge Payne. Next Activity: Hearing on SPGC's motions on 7/22/04. 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: No further action to be taken. Time: 15.0 + 6.0 law clerk Costs: $14.22 6 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: Discharge granted 7/8/04. Next Activity: Review order of discharge. Time: 2.4 hours Costs: 0.00 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: Deadline for responding extended to July 21,2004. Time: 2.1 hours Costs: $5.56 Monroe County v. Ana M. Martinez CA K 03 _ TBA Circuit Court (16th or 11 th) (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: Close file. Time: 16.5 hours Costs: $200.00 7 Monroe County v. Estate of Roland Fish CP K 04 TBA Circuit Court (16th) Judge: Action against estate to collect $900.00 for pauper funeral expenses. Social Services Current Status: Presuit investigation and cost benefit analysis. Next Activity: S~ek BaCC approval if appropriate to go forward. Time: .7 hours Costs: 0.00 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 BaCC 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: TSA v. Monroe County Aviation Department 2004 FLL 0048 TSA Admin. Hearing ALJ: TBA Date Filed: 5/18/2004 KWIA received notice of proposed civil penalty ($10,000) to be levied against KWIA for security incident self reported by KWIA. Key West International Airport Status: Being handled in house by ACA Mercado Next Activity: Informal conference with TSA Attorney Time: .5 Costs: 0.00 8 TSA v. Monroe County Aviation Department 2004 FLL 0049 TSA Admin. Hearing ALJ: TBA Date Filed: 5/18/2004 KWIA received notice of proposed civil penalty ($10,000) to be levied against KWIA for security incident self reported by KWIA. Key West International Airport Status: Being handled in house by ACA Mercado Next Activity: Informal conference with TSA Attorney Time: 2.0 Costs: 0.00 TSA v. Monroe County Aviation Department 2004 FLL 0050 TSA Admin. Hearing ALJ: TBA Date Filed: 6/25/2004 KWIA received notice of proposed civil penalty ($10,000) to be levied against KWIA for security incident self reported by KWIA. Key West International Airport Status: Being handled in house by ACA Mercado Next Activity: Informal conference with TSA Attorney Time: 2.0 Costs: 0.00 TSA v. Monroe County Aviation Department 2004 FLL 0051 TSA AdVlin. Hearing ALJ: TBA Date Filed: 6/25/2004 KWIA received notice of proposed civil penalty ($10,000) to be levied against KWIA for security incident self reported by KWIA. Key West International Airport Status: Being handled in house by ACA Mercado Next Activity: Informal conference with TSA Attorney Time: .5 Costs: 0.00 TSA v. Monroe County Aviation Department 2004 FLL 0054 TSA Admin. Hearing ALJ: TBA Date Filed: 6/25/2004 KWIA received notice of proposed civil penalty ($10,000) to be levied against KWIA for security incident self reported by KWIA. Key West International Airport Status: Being handled in house by ACA Mercado Next Activity: Informal conference with TSA Attorney Time: .5 Costs: 0.00 9 ARTICLE V APPEALS Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03-765 Circuit Court (16th) Judge: Date Filed: 8/7/03 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: Cou'rt dismissed appeal on 6/3/04. Next Activity: Proceed to judgment in County Court case. Time: .7 hour Costs: none to date Monroe County Bail Bonds v. State ex rei. Monroe County CF K 03-754 Circuit Court (16th) Judge: Date Filed: 8/7/03 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: Dismissal by Court pending. Next Activity: Hearing scheduled for 7/26/04 on dismissal. Time: 1.2 hour Costs: none to date CODE ENFORCEMENT APPEALS Decker, Harry v. Monroe County Circuit Court 16th Judge Payne This is an appeal of a code enforcement OSTDS case. CA K 01-1252 Date Filed: 10/5/01 Current Status: County's brief filed on May 5, 2004. Next Activity: Await Court's decision. Time: 16.8hours Costs: none 10 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 Third DCA on appeal of sacc action. Next Activity: Awaiti~g Ead's brief on code enforcement appeal. Time: 3.6 hours Costs: none Fuchs. Walburaa v. Monroe County Circuit Court (16th) Judge Vernon This is a code enforcement appeal of an aSTDS case. CA K 01-1251 Date Filed: 10/5/01 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: 5.8 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: Judge Payne affirmed most of Special Master's order. Stevenson appealing that decision to Third DCA. Cross appeal filed. Next Activity: See new cases section above. Time: 31.0 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: OF answered. Next Activity: Discovery; motions. Time: 7.0 hour Costs: $111.00 Monroe County v. Patricia Cambo, et al CA K 04 578 Circuit Court (16th) Judge: Payne Date Filed: 5/27/04 Code enforcement foreclosure action that was authorized by the soce 12/17/3. Fine was $18,600.00 as of 12/17/03 and accruing at $150 per day. Four defendants: M/M Joel Rogers, current owners; Patricia M. Cambo, violator/former owner; TIS Sank of the Keys, mortgage holder for M/M Rogers. Current Status: Suit filed. TIS answered. Next Activity: Defendants Rogers & Cambo to serve answers; discovery. Time: 6.1 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 {TBA} Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action authorized by the sacc 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: Negoti~te 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: 2.9 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 sacc 6/18/03. Lien fixed at $86,350.00. Property brought into compliance after 115 days. Current Status: OF breached settlement agreement entered into w/ County by failing to pay $10,100.00 by 7/2/04. Next Activity: File Suit. Time: 3.1 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: Final judgment registered w/ Dept. of State. Next Activity: Continue w/ enforcement proceedings. Time: 9.5 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: Motio~ for summary judgment hearing 7/14/04. Time: 8.6 Costs: $20.00. Monroe County v. Dorothy Houah 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: Negotiating w/ owner. 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 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; deficiency judgment in the amount of $3,828,514.80. Judgment filed w/ Dept. of State. Next Activity: Clean up property; close file. Time: 16.3 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. In review by Growth Management. Next Activity: Status report due 10/1/04. 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 soee 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 soee 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 CA K 03-1152 Circuit Court (16th) Judge: Jones Date Filed: 10/2/3 Two code enforcement collection actions authorized by soee on 8/20/03 and 12/27/03. As of 5/26/04, fines totaled $537,950.00 and accruing at $750/day. Current Status: First amended complaint. Next Activity: OF has until 7/30/04 to answer complaint. Time: 3.9 Costs: $20.00 15 Monroe County v. Arthur Mehr (TBA) 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. Current Status: awner just received permits needed to achieve compliance. Next Activity: Status review 8/1/4. Time: 2.1 hour Costs: $150.00 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 1/114, lien totaled $106,700.00. Current Status: Title search pending. Next Activity: File suit once title search arrives. 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 9/25/3 lien valued at $79,300.00. CA M 03 (TBA) Date Filed: authorized by sacc on 9/17/03. As of Current Status: Property in compliance. Next Activity: Negotiating w/ counsel for owner. Time: 1.9 Costs: $100.00 16 Monroe County v. Darrell Wolfe CA P 04 (TBA Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by SOCC on 11/19/03. Current Status: Closed. Next Activity: Release lien. Time: 2.5 Costs: $200.00 17 MEMORANDUM TO: Richard FROM: Suzanne ~ DATE: July 7,2004 SUBJECT: Recap of services provided June 2004 Cont / Lease / Ltrs to State/ Department Amend Amend Res Ord Memos Fed Agencies RFP Mtgs Deed BOCC Clerk of Court 3 Communi!)' Svcs. Constr Mgmt. 3 2 Employee Benefits Eme!",gency Mgmt. 1 1 1 Employee Benefits 2 Facilities Maint 3 5 Fleet Mgmt. Growth Mgmt. 1 4 Housing 1 Land Authori!y 1 Marine Resources Munic~alities OMB 16 Public Works 3 1 1 2 Purchasif!g Risk Mgmt 1 Social Services 4 Solid Waste 1 TDC 4 3 2 Tech Svcs 3 1 F ~ Presentation 1 TOTALS 23 6 19 1 8 1 6 7 JUNE 5 · \