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HomeMy WebLinkAboutItem Q1Memorandum To: Richard Collins, County Attorney From: Bob Shillinger, Asst. County Attor*-�-/ Date: October 19, 2004 Re: October 2004 CA litigation report NEW CASES FILED AGAINST THE COUNTY Bauknight, Skaggs & Rockett v. Monroe County CA P 04-451 Circuit Court 161nJudge: Garcia Date Filed: 9/24/04 Inverse condemnation/takings case filed by Jimmy & Nancy Bauknight, Teague Skaggs, & Kathleen Rockett for three lots on Big Pine Key. Mayor served 10/4/4. Growth Management Status: Due to potential insurance coverage, case will be referred to carrier counsel. Next Activity: Responsive pleading due October 25, 2004. Time:.7 Costs: 0.00 Moore. Russell v. Monroe County CA P 04-452 Circuit Court 16 Judge: Garcia Date Filed: 9/24104 Mandamus/Inverse condemnation/takings case filed for one lot on Big Pine. Mayor served on 10/4/4. Growth Management Status: Settlement discussions ongoing; may be referred to carrier counsel if quick settlement not forthcoming. Next Activity: Responsive pleading due October 25, 2004. Time:.5 Costs: 0.00 al CASES CLOSED WITHIN LAST MONTH 16 Circuit Judge: Payne Date Filed: 1128/4 Mandamus action to issue building permit to place brick pavers in the setbacks. Growth Management Status: Final judgment entered. Next Activity: Case closed. Time: 11.1 Costs: $2,658.50. Countv v. K04T Circuit Court (16) Judge: TBA Date Filed: TBA Collection action authorized on 7/14/04. Fine fixed at $38,350.00. Current Status: BOCC approved settlement agreement. Next Activity: Closed. Time: 1.9 hours Costs: 0.00 Smart Planning & Growth Coalition v. Monroe County CA P 04-36 Circuit Court 16 /3d DCA Judge: Garcia Date Filed: 2/2104 Unsuccessful Mandamus Petition seeking Court order to revoke building permit issued to Hinote Construction as part of settlement of Hinote v. Monroe County. 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 2 GENERAL LITIGATION Clay, Robert Lee, John & Li ChiunQ Movant v. Monroe County CA M 04-05 Circuit Court 16 Judge: Jones Date Filed:01105/04 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: Court approved settlement agreement. Next Activity: Awaiting dismissal by Petitioners. Time:3.3 Costs: None D&J Industries v. Monroe County CA P 99-543 Circuit Court 16 th 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: Motion for Attorney's fees pending. Next Activity: Hearing to be set. Time: 34.4 hours Costs: unknown Drewina. Janice v. James Roberts as County Administrator CA K 04-686 Circuit Court 161nJudge: Jones Date Filed: 6/25/04 Mandamus action seeking hearing in personnel dispute between plaintiff and her supervisor Louis Latorre. Community Affairs/Social Services Status: Answer filed. Noticed for trial. Next Activity: Awaiting trial date. Time: 16.3 Costs: 0.00 3 MC Contractor's Board CA M 03-312 Circuit Court 16 Judge: Jones Date Filed: 10/30/2003 Appeal from Contractor's Examining Board of a violation for aiding and abetting an unlicensed contractor. ACA Mercado is handling this case. Growth Management Status: County filed its Answer brief on 7/19/04. Next Activity: Appellant has 10 days to file reply brief. Time: 10.4 Costs: 0.00 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. MCSO Current Status: Dismissed. County's motion for sanctions pending. Next Activity: Hearing on motion for attorney's fees and costs TBA. Time: 7.0 Costs: 0.00 Evans, Brian v. Monroe County, et al. CIV S O4-1042 LRH U.S.D.C. Nevada Judge: Date Filed: 7128/04 Same allegations as Evans v. Monroe County, et al, 04-CIV-10033-JLK, see above, where County is seeking sanctions against Evans for vexatious and frivolous litigation. MCSO Current Status: County filed motion to dismiss. Next Activity: Hearing on motion to dismiss. 11/1/04. Time: 1.6 Costs: 0.00 Florida Kevs Citizens Coalition v. State & Monroe County DOAH 04-2756 DOAH Judge: Carolyn Holifield Date Filed: 08/05/04 Administrative Rule challenge to agreement with State to fund purchases of environmentally sensitive lands, provide permits for workforce housing, etc. Growth Management Current Status: Trial. Next Activity: Trial continues 11/15-19/04 & 12/1-3/04 if necessary Time: 111.4 Costs: TBA Fees: TBA 4 Harris. Steven & Lourdes Spellman v. Monroe County CA P 04-178 Circuit Court (16) 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: Settlement agreement approved by BOCC 7/14/04. Next Activity: Execute agreement and submit to court for approval. Time:7.6 Costs: none ent Board of Monroe Circuit Court (16`n) Judge: Payne Date Filed: 4/20/04 Action for injunctive relief against the VAB seeking to restore tax roll to just value and to enjoin VAB from misapplying law in future valuations. VAB Status: VAB reviewing proposed rules of procedure. Next Activity: Higgs to dismiss suit if/when rules of procedure adopted. Time: 16.2 Costs: $76.00 Hinote Construction v. Monroe County CA P 03-344 Circuit Court (16) 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: Plaintiffs dismissed 10/12/04. Next Activity: Exchange releases. Time: 25.0 hours Costs: $50.46 McCoy, Kimberly & Jack v. Monroe County CA P 04-62 Circuit Court (16) Judge: Garcia Date Filed: 2/13/04 Slip and fall injury case on Indian Avenue, Tavernier, a County road. CAY acting as co -counsel with carrier's counsel. Public Works Status: Noticed for trial. Next Activity: Trial to be set. Time: 3.7 Costs: 100.00 4 M.E.R.S., Inc. v K. Hardy & Monroe County UA r u4-3sg Circuit Court 161nJudge Garcia Date Filed: 7/14/04 Mortgage foreclosure action against a person whom the County has a $100.00 code enforcement lien against. Growth Management/Code Enforcement Current Status: Complaint amended. Next Activity: none. Time: .8 Costs: 0.00 Fraleigh CAP ( Circuit Court (16) Judge: Garcia Date Filed: 12/8/3 Ejectment action against owner of structures located on County right-of-way. Public Works. Current Status: DF Answer's to interrogatories overdue. Next Activity: Move to compel answers. Time: 14.8 Costs: NONE Neuman, Kenneth v. Monroe County CA K 04-663 Circuit Court 16 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 referred to outside counsel Johnson, Anselmo due to potential coverage for civil rights damages. Next Activity: Depositions set for 11/2/04. Time: 5.8 Costs: 0.00 PBP Marina, Inc. v. Monroe County Circuit Court (16) Judge: Payne Date Filed: May 2002 Cert. Petition appeal from denial of rezoning on Geiger Key Marina. Growth Management CA Current Status: County filed response on 5/17/04. Next Activity: Final hearing set for 12/22/04. Time: 16.1 hour Costs: none to date 0 Smart Planning & Growth Coalition v. Monroe County CA P 04-8 Circuit Court 161AJudge: Payne Date Filed: 1113/04 Certiorari Petition and Declaratory Judgment act alleging that County's settlement with Hinote Construction, Inc. is inconsistent with comp. plan. Growth Management Status: Dismissed by court 9/9/04; order filed w/ clerk 9/27/04. Next Activity: Seek attorney's fees & costs. Time: 26.5 Costs: Tuttle. David. Peter Rosasco & Harley Evans v. Monroe County CAM 04-243 Circuit Court 16,nJudge: 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. Growth Management Status: Settled; 3 of 4 releases issued. Next Activity: Dismissal if DCA doesn't object to permits. Time: 2.9 Costs: 0.00 POTENTIAL CASES THAT HAVE NOT BEEN FILED Lloyd Good v. Monroe County CA K 04 ----- Circuit Court (16) 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 November 2004. Time: 2.1 hours Costs: $5.56 7 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 BOCC 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: Negotiations. Time: 3.0 Costs: 0.00 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: Negotiations ongoing. Time: 5.5 Costs: 0.00 f 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: Negotiations ongoing. Time: 5.5 Costs: 0.00 TSA v. Monroe County Aviation Department 2004 FLL 0051 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: Time: 3.0 Negotiations ongoing. 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: Negotiations ongoing. Time: 3.0 Costs: 0.00 X ARTICLE V APPEALS Monroe County Bail Bonds v. State ex rel. Monroe County U- K u3-7bb Circuit Court (16) 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: Court 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 rel. Monroe County CF K 03-754 Circuit Court (16) Judge: Date Filed: 817/03 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's brief filed. Next Activity: Await court's decision. Time: 8.8 hour Costs: none to date CODE ENFORCEMENT APPEALS Decker, Harry v. Monroe County Circuit Court 16,nJudge Payne This is an appeal of a code enforcement OSTDS case. Current Status: Court dismissed appeal 10/7/04. Next Activity: Rehearing 10/25/04. Time: 18.8hours Costs: none Date Filed: 10/5/01 10 Eads, Barbara v. Monroe County CAP 03-117 Circuit Court 16 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: Appeal stayed pending review by HPC. Next Activity: Status check 11 /1 /04. Time: 3.6 hours Costs: none Fuchs, Walburna v. Monroe County CA K 01-1251 Circuit Court (16) Judge Vernon Date Filed: 10/5/01 This is a code enforcement appeal of an OSTDS case. Current Status: The County's brief filed. Next Activity: Await Court's decision. Time: 11.5 hours Costs: none Stevenson, MK v. Monroe County CA K 02-257 Circuit Court 16,nJudge Payne Filed: 2/26102 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 below. Time: 31.0 hours Costs: none Stevenson, MK v. Monroe County 3D04-1715 Third DCA Judges: TBA Filed: 6120/04 Appeal of Judge Payne's ruling upholding majority of Code Enforcement Special Master's decision regarding Caribbean Village storage sign. Current Status: Appellant granted extension by 3d DCA to file initial brief. Next Activity: Appellant's brief due 10/26/04. Time: .8 hours (this appeal only) Costs: none 11 Turner. Marcia v. Monroe County CA P 04-321. Circuit Court 16 Judge: Garcia Date Filed: 7/8/04 Appeal of order entered by Code Enforcement Special Master Growth Management/Code Enforcement Status: Turner's attorney permitted to withdraw. Next Activity: Turner must secure new counsel, produce record and file brief by 1114/4 or face dismissal. Time: 1.6 Costs: 0.00 CODE ENFORCEMENT FORECLOSURES/COLLECTIONS Circuit Court (16) Judge: (none yet) Date Filed: 12/08/03 Code enforcement foreclosure action authorized by the BOCC on 6/18/03. Fine fixed at $91,450.00. Current Status: DF settlement offers $15,000.00 to settle. Next Activity: BOCC on 10/20/04. Time: 23.6 hour Costs: $151.70 Monroe County v. Holly Grace Blandeaux SC K 04-TBA Small Claims Judge: TBA Date Filed: TBA Code enforcement collection action authorized by BOCC on 7/14/04. Fine is fixed at $584.88. Current Status: Demand letter returned unclaimed, complaint drafted. Next Activity: File suit in small claims court. Time: 2.4 Costs: 0.00 12 Monroe Cour Circuit Court (16) Judge: Payne Date Filed: 5/27/04 Action authorized by the BOCC 12/17/3. Fine fixed at $62,800.00. Three defendants: M/M Joel Rogers, current owners; Patricia M. Cambo, violator/former owner. Current Status: Property compliant after 418 days. Next Activity: Discovery; negotiations Time: 11.4 hour Costs: $0.00 Monroe County v. Marcos Caso CA K 04 Circuit Court (16) Judge: Date Filed: Code enforcement lien foreclosure action authorized by BOCC 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 11/1/4 for status on compliance. Time:.6 hours Costs: $0.00 Monroe County v. Dirk Damrau CA K 03 (TBA) Circuit Court (16 ) Judge: (none yet) Date Filed: Code enforcement foreclosure action authorized by the BOCC 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 (16) 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: Defendant served. Next Activity: Motion for default re -filed 10/20/04 Time: 4.2 hour Costs: $21.00 13 Monroe County v. Reinaldo Delgado & Lourdes Nunez CA P 04 TBA County Court (Civil) Judge: Ptomey Date Filed: TBA Collection action authorized by BOCC on 6/16/04. Fine set at $6600.00. Current Status: Researching issues raised by owners re: timely compliance. Next Activity: Present request to release lien October meeting. Time: 2.0 Costs: 0.00 Monroe County v. Dan Gleason SC P 03 -165 Small Claims Court 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 BOCC 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 Monroe County v. Marshall Golnick CC K 04-TBA County Court Judge: TBA Date Filed: TBA Collection action authorized by BOCC on 6/16/04. Fine set at $11,300.00. Current Status: Demand letter pending Next Activity: Title search. Time: 6.5 Costs: 0.00 14 Monroe County v. Jack Hagopian, CA P 03-529 Circuit Court (16) Judge: GARCIA Date Filed: 10/1/03 Code enforcement collection action authorized by BOCC 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. Next Activity: Motion for summary judgment hearing, TBA. Time:9.1 Costs: $20.00. CA P 03 Circuit Court (16`n) Judge: Date Filed: Code enforcement collection action authorized by BOCC 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 (16) Judge: Date Filed: Code Enforcement collection action authorized by BOCC on 4/21/04. As of that date, the fine was $136,100.00 and accruing at $500.00 per day. Current Status: Negotiating with owner. Next Activity: Status check 11/1/04. Time:.7 Costs: none . Ch Circuit Court (16`n) Judge: Payne Date Filed: 10/7103 Code enforcement foreclosure action that was authorized by the BOCC 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: Attempt to enforce judgment; clean up property. Time: 16.6 hours Costs: $389.00 15 Monroe County v. Key Largo Ocean Resorts Coop, Inc. CA P 96-260 Circuit Court (16) 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 1/1/05. Time: 36.6 hours Costs: $340.00 Circuit Court (16'n) Judge: Date Filed: Code enforcement collection action authorized by BOCC 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: Status review 10/1/04. Time:1.0 Costs: none Circuit Court (16`") Judge: Date Filed: Code enforcement collection action authorized by.BOCC 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: Status review 9/1 /04. Time:.5 Costs: none Monroe County v. Lily Marks CA K 03-1152 Circuit Court (16) Judge: Jones Date Filed: 10/2/3 Two code enforcement collection actions authorized by BOCC 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: DF answered first amended complaint. Next Activity: Discovery. Time:4.0 Costs: $20.00 16 Monroe County v. Arthur Mehr (TBA) Circuit Court (16) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the BOCC 6/18/03. Fine had reached $28,380 on 7/18/03 and continues to accrue at $20 per day. Current Status: Negotiating w/ owner. Next Activity: Status review 10/1 /4. Time: 2.1 hour Costs: $150.00 Monroe County v Circuit Court (16") Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the BOCC 6/18/03. As of 1/1/4, lien totaled $106,700.00. Current Status: Title search pending. Next Activity: Status review 10/1 /04. Time: 1.5 hour Costs: none to date Sutton Circuit Court (16`") Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the BOCC 6/18/03. Fine was approximately $18,000.00 when compliance achieved. Current Status: Property in compliance. Negotiating with owner. Next Activity: Status review 10/1/04. Time: 1.5 hour Costs: none CA M Circuit Court (16`") Judge: Date Filed: Code enforcement collection action authorized by BOCC on 9/17/03. As of 9/25/3 lien valued at $79,300.00. Current Status: Board approved settlement. Next Activity: Execute agreement; receive check, release lien. Time:2.9 Costs: $100.00 17