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Item R1 Memorandum To: Richard Collins, County Attorney From: Bob Shillinger, Asst. County Attorney Date: November 12, 2004 Re: November 2004 CAY litigation report NEW CASES FILED AGAINST THE COUNTY In re: Marie Charles EEOC 150-2005-00083 EEOC Miami Date Filed: 10/15/04 Allegations of civil rights violation due to discrimination on national origin. Community Services/Transportation Status: Investigated in house. Response submitted 11/12/04. Next Activity: Await reply by EEOC. TIme: 11.0 Costs: 15.00 Kev West Bank v. K. tJlcLeod. Monroe County. et al. CA K 04-1163 Circuit Court 16th Judge: Vernon Date Filed: 11/1/04 Mortgage foreclosure case against Kutina R. McLeod where County holds a junior lien/mortgage. Housing Authority Status: Awaiting service. Will be assigned to CAY staff. Next Activity: Responsive pleading due 20 days after service. May file cross complaint to enforce County's interest. TIme: .1 Costs: 0.00 CASES CLOSED WITHIN LAST MONTH 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, Next Activity: Closed. TIme: 34.4 hours Costs: unknown ~ . \ GENERAL LITIGATION Clav. Robert L~ John & Li Chiuna Movant v. Monroe County CA M 04-05 Circuit Court 16 Judge: Jones Date Flled: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: Court approved settlement agreement. Next Activity: TIme: 3.3 Awaiting dismissal by Petitioners. Costs: None Drewing. 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. Community Affairs/Social Services Status: Court denied writ of mandamus w/o hearing. Next Activity: Move for attorney's fees, if no appeal. TIme: 17.0 Costs: 0.00 Elegant Kitchen~ & Baths. Inc. et al v. MC Contractor's Board CA M 03-312 Circuit Court 16 Judge: Jones Date Filed: 10/3012003 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 prevailed; Court affirmed Contractor's Board's decision. Next Activity: Close file if no appeal taken by opposition within 30 days. TIme: 17.0 Costs: 0.00 2 Evans. Brian v. Monroe County O4-CIV-10033..JLj( U.S.Dist.,S.D.Fla. (Key West) Judge: King Date Filed: 5/8/04 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. MCSO Current Status: Dismissed. County's motion for sanctions pending. Next Activity: Hearing on motion for attomey's fees and costs TBA. Time: 7.0 Costs: 0.00 Evans. Brian v. Monroe County. et al. CIV S 04-1042 LRH U.S. D.C. Nevada Judge: Date Flied: 7/28104 Same allegations as Evans v. Monroe County, et aC04-CIV-1 0033-JlK, see above, where County is seeking sanctions against Evans for vexatious and frivolous litigation. MCSO Current Status: Court granted County's motion to dismiss 11/1/04. Next Activity: Move for fees, if no appeal. Time: 1.7 Costs: 0.00 Florida Kevs Citizens Coalition v. State & Monroe County DOAH 04-2756 DOAH Judge: Carolyn Holifield Date Filed: 08/05104 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. Time: 111.4 Costs: TBA Fees:TBA Harris. Steven & Lourdes Soellman v. Monroe County CA P 04-178 Circuit Court (16th) Judge: Garcia Date Filed: 4114104 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 3 ,Hiaas. Ervin v. Value Adjustment Board of Monroe County CA K 04-430 Circuit Court (16th) Judge: Payne Date Filed: 4120/04 Action for injunctive relief against the VAS seeking to restore tax roll to just value and to enjoin VAS from misapplying law in future valuations. VAB Status: VAS reviewing proposed rules of procedure. Next Activity: Higgs to dismiss suit iflwhen rules of procedure adopted. Time: 16.2 Costs: $76.00 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: Plaintiffs dismissed 10/12/04. Next Activity: Exchange releases, move for fees against intervenor? Time: 25.0 hours Costs: $50.46 McCov. Kimberl~& .JaCk v. Monroe County CA P 04-62 Circuit Court (16 ) Judge: Garcia Date Filed: 2/13104 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 M.E.R.S..lnc. v. K. Hardv & Monroe County CA P 04-334 Circuit Court 16th Judge Garcia Date Filed: 7/14104 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 4 Monroe County v. Mark Fraleiah CAP 03-647 Circuit Court (18th) Judge: Garcia Date Filed: 12/8/3 Ejectment action against owner of structures located on County right-of-way. Public Works. Current Status: OF 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 16th Judge: Jones Date Filed: 6121/04 Action for damages and to compel County to issue building permits for property on Big Pine. County settled similar suit in April. Mayor served 6/25104. Growth Management Status: Case referred to outside counsel Johnson, Anselmo due to potential coverage for civil rights damages. Next Activity: Depositions to be set. Time: 5.8 Costs: 0.00 ~M~rina. 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. Growth Management Current Status: County filed response on 5/17/04. Next Activity: Final hearing set for 12122/04. Time: 16.1 hour Costs: none to date 5 Smart Plannina & Growth Coalition v. Monroe County CA P 04-8 Circuit Court 16th Judge: Payne Date Filed: 1/13104 Certiorari Petition and Declaratory Judgment act alleging that County's settlement with Hinote Construction, Inc. is inconsistent with compo plan. Growth Management <k 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 & Harlev Evans v. Monroe County CAM 04-243 Circuit Court 16th Judge: Payne Date Filed: 6/30104 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: Time: Dismissal if DCA doesn't object to permits. 2.9 Costs: 0.00 POTENTIAL CASES THAT HAVE NOT BEEN FILED Llovd 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 November 2004. Time: 2.1 hours Costs: $5.56 6 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: Demand letter sent. Next Activity: Seek BaCC approval in December if no payment made. Time: 8.1 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: T~A v. Monroe County Aviation Department 2004 FLL 0048 TSA Admin. Hearing ALJ: TBA Date Filed: 511812004 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. Costs: 0.00 TSA v. Monroe County Aviation Department 2004 FLL 0049 TSA Admin. Hearing ALJ: TBA Date Filed: 5/1812004 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 7 TSA v. Monroe County Aviation Department 2004 FLL 0050 TSA Admin. Hearing AU: 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 AU: 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 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 8 ARTICLE V APPEALS Monroe County Bail Bonds Y. State ex rei. Monroe County CF K 03-765 Circuit Court (16th) Judge: Date Filed: 80/03 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. Costs: none to date TIme: .7 hour Monroe County Bail Bonds v. State ex rei. Monroe County CF K 03-754 Circuit Court (16th) Judge: Date Filed: 80/03 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.liarrv v. Monroe County Circuit Court 16th Judge Payne This is an appeal of a code enforcement OSTDS case. Current Status: Court reinstated appeal. Brief done. CA K 01-1252 Date Filed: 10/5/01 Next Activity: Awaiting decision. TIme: 18.8hours Costs: none 9 Eads. Barbara v. Monroe County CAP 03-117 Circuit Court 16th Judge Garcia Date Filed: 2127/03 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 12/1/04. TIme: 3.6 hours Costs: none Fuchs. Walburaa v. Monroe County Circuit Court (16th) Judge Vernon This is a code enforcement appeal of an OSTDS case. CA K 01-1251 Date Filed: 10/5101 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 16th Judge Payne Filed: 2126/02 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 below. TIme: 31.0 hours Costs: none Stevenson. MK v. Monroe County 3004-1715 Third DCA Judges: TBA Filed: 6/20/04 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 11/21/04. TIme: .8 hours (this appeal only) Costs: none 10 Turner. Marcia v. Monroe County CA P 04-329 Circuit Court 1Sth Judge: Garcia Date Filed: 7/8/04 Appeal of order entered by Code Enforcement Special Master Growth Management/Code Enforcement Status: Motion to dismiss appeal filed. Next Activity: Hearing set for 12/15/04. TIme: 2.6 Costs: 0.00 CODE ENFORCEMENT FORECLOSURES/COLLECTIONS Monroe County v. Mario Alfonso CA K 03-1458 Circuit Court (1Sth) Judge: (none yet) Date Filed: 12/08103 Code enforcement foreclosure action authorized by the eacc on 6/18/03. Fine fixed at $91,450.00. Current Status: Settled. Next Activity: Exchange releases. 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 eacc 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 11 Monroe County v. Patricia Cambo. et al CA K 04 578 Circuit Court (16111) Judge: Payne Date Filed: 5/27/04 Action authorized by the eocc 12/17/3. Fine fixed at $62,800.00. Three defendants: MIM Joel Rogers, current owners; Patricia M. Cambo, violatorlformer 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 (16111) Judge: Date Filed: Code enforcement lien foreclosure action authorized by eocc 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 ~onroe County v. Dirk Damrau CA K 03 (TBA) Circuit Court (1601) Judge: (none yet) Date Flied: Code enforcement foreclosure action authorized by the eocc 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 04-1'1 Circuit Court (16111) Judge: Garcia Date Filed: 4115104 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: Default entered October 19, 2004. Next Activity: Motion for Final Judgment. Time: 4.2 hour Costs: $21.00 12 ~onroe 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: 8/5103 Small claims action for a money judgment to collect $520.00 in unpaid cocle enforcement fines and costs authorized by the BOCC in April of 2003. Current Status: Final judgment registered wI Dept. of State. Next Activity: Continue wI enforcement proceedings. Time: 9.5 hours Costs: $65.92 Monroe County v. Marshall Golnick CC t<.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 Monroe County v. Jack HaGODian. CA P 03-5~9 Circuit Court (16th) Judge: GARCIA Date Filed: 10/1/03 Code enforcement collection action authorized by BOCC on 8/20103. 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. 13 Monroe County v. Dorothy Hough CA P 03 (TBA) Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by BOCC on 9/17/03. As of 9125/3 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 wI owner. TIme: 1.0 Costs: none Monroe County v. James Jeanauenat CA P 04 ----------- Circuit Court (16th) Judge: Date Flied: 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 Monroe County v. Chris Johnson CA K 03-1173 Circuit Court (1601) Judge: Payne Date Flied: 10nlO3 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 wI Dept. of State. Next Activity: Attempt to enforce judgment; clean up property. TIme: 16.6 hours Costs: $389.00 Monroe County v. Key Largo Ocean Resorts Cooo.lnc. 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 1/1105. Time: 36.6 hours Costs: $340.00 14 Monroe County v. Pedro Liz (Bakerv) Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by BOCC on 7/17/03 when fine was $1191900.00 and accruing at $200.00 per day. CA K 03 (TBA) Current Status: Owner working towards compliance. Next Activity: Status review 10/1104. TIme: 1.0 Costs: none Monroe County v. Pedro Liz {Trailer) CA K 03 (TBA) Circuit Court (16ffi) 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. LilX Marks CA K 03-1152 Circuit Court (16th) Judge: Jones Date Filed: 10/213 Two code enforcement collection actions authorized by BOCC on 8/20103 and 12/27/03. As of 5126/041 fines totaled $537,950.00 and accruing at $750/day. Current Status: OF answered first amended complaint. Next Activity: Discovery. TIme: 4.0 Costs: $20.00 15 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: Negotiating w/ owner. Next Activity: Status review 10/1/4. Time: 2.1 hour Costs: $150.00 Monroe County v. Safe Harbor Marine Railway COI'D. Circuit Court (1Sth) 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. CA K 03 fTBA) Current Status: Title search pending. Next Activity: Status review 10/1/04. 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: Status review 10/1/04. Time: 1.5 hour Costs: none Monroe County v. Gertrude Waters CA M 03 l'T,BA) Circuit Court (16th) Judge: Date Filed: Code enforcement collection action authorized by BaCC on 9/17/03. As of 9/2513 lien valued at $79,300.00. Current Status: Board approved settlement. Next Activity: Execute agreement; receive cheek, release lien. Time: 2.9 Costs: $100.00 16