Item P1
August 2006 Litigation Report
To: Mayor McCoy & County Commissioners
Tom Willi, County Administrator
From: Suzanne Hutton, County Attorney
Date: August 11, 2006
Summary
Number of Cases
New cases filed since last month 1
Cases closed since last report 8
CA Y active cases 58
CAY Post Judgment cases 4
Potential cases not yet filed 12
Outside Counsel Cases 29
Constitutional Officers
Engineering
Growth Management
Miscellaneous
Public Works
Risk Management
Total Cases pending
78
Index
New Cases
Cases Closed
CAY Litigation Cases Trial & Appellate Level
CAY Post Judgment Cases
Potential Cases
Outside Counsel Cases
Ferencik, Libanoff (Ira Libanoff) (4 cases)
Gray Robinson (Ed Scales & M. Campbell) (1 case)
Johnson, Anselmo, (Bruce Johnson & Mike Burke (15 cases)
Paul, Hastings (Bob Freilich & Derek Howard) (3 cases)
Vernis & Bowling (D.Smits, K.Willis & S.Black) (6 cases)
Page 2
2
4
15
16
19
19
20
20
25
26
7
7
58
6
6
6
CASES FILED SINCE LAST MONTH'S REPORT
Monroe County v. Dept. of Community Affairs 06-2856GM
DOAH Judge: Alexander Date Filed: 7/21/06
Administrative challenge to DCA's rejection of County's ordinance establishing
density bonus for affordable housing units measuring no more than 750 sq.ft.
Growth Management/Planning JDS
Current Status: Petition filed, referred to DOAH for hearing.
Next Activity: BOCC closed session 8/16/06.
Time: 2.0
Costs:
0.00
CASES CLOSED SINCE LAST MONTH'S REPORT
Assoc. for Disabled Americans & Wisniewski v. Shipswav. Inc. 06CV10034
U.S.D.C.S.D.Fla. Judge: King Date Filed: 4/7/6
ADA suit against owner & some tenants at Shipsway office building.
Public Works/Facilities RBS
Current Status: Settled before County named as party.
Next Activity: Closed.
Time: 3.1
Costs:
0.00
In re: Meghan Cole
Bankrtcy. S.D. Fla. Judge: Mark
Bankruptcy action by tenant of County property.
Bankruptcy
05-43879 RAM
Date Filed: 10/17/05
County owed $760.00 in rent.
RBS
Current Status: Discharge entered March 2006.
Next Activity: Closed.
Time: 1.0 Costs: 0.00
2
Monroe County v. Jack Ha~opian CAP 03-529
Circuit Court 16th Judge: Garcia Date Filed: 10/1/03
Code enforcement collection action authorized by sacc on 8/20103. Fine
exceeds $300,000.00 as of 1/1/6 and accruing at $250.00 per day.
Growth Management/Code Enforcement RBS
Current Status:
Settled for $10,000.00.
Next Activity:
Closed.
Time: 46.5 hours
Costs: $801.70
Monroe County v. Joe Posada. III CAK-03-1503
Circuit Court 16th Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the sacc 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
Settlement approved by Court. Dismissed.
Next Activity:
Closed.
CAY Time: 8.6 hours
Sierra Club. et al v. DCA. Miami Dade & City of Homestead 03-150-GM
DOAH Judge: Maloney Date Filed: 1/17/03
County intervened in administrative challenge to amendment of Miami-Dade's
compo plan redesignating Krome Avenue to a major roadway (3 or more lanes).
Growth Management/Planning JOS
Current Status:
Petition denied.
Next Activity:
sacc directed staff not to appeal.
CAY Time: 6.0
Teal. Kimberlv & Keith v. Michael An~el. Monroe County. et al CAM-04-404
Circuit Court 16th Judge: Payne Date Filed: 12/16/04
Declaratory judgment action over road in City of Marathon.
Public Works/Roads and Bridges PJM
Current Status:
Voluntarily dismissed by PL on 7/14/06.
Next Activity:
Close file after all documents are produced.
Time: 22.6 hours
Costs: $1,220.83.
3
Walgreens & Gadinsky v. Monroe County CAK-05-266
Circuit Court 16th Judge: Taylor Date Filed: 3/11/05
Cert. review of DOAH order upholding 1/6 findings supporting denial of major
conditional use application for Big Pine Walgreens.
Growth Management/Planning RBS
Current Status: Settled, remanded to Planning Comm'n for further action.
Next Activity: None. Closed.
Time: 49.8 hours
Costs: $425.85
In re: Winn Dixie Stores, Inc. 05-03817-3F1
U.S. Bankruptcy Ct., M.D. Fla. Judge: Jerry Funk Date Filed: 2/25/05
Voluntary Ch11 case where County might have a claim against the estate.
Bankruptcy RBS
Current Status: County declined to file filing proof of claim because no
evidence of basis to file one.
Next Activity:
Close file.
Time: 1.0 hours
Costs: 0.00
CAY LITIGATION - Trial & Appellate level
See Outside Counsel Section for Cases being Handled Jointly
Acredited Home lenders, Inc. v. Olaa Ruiz & Monroe County CA K 06-543
16th Circuit Judge: Date Filed: 5/25/06
Mortgage foreclosure action on property County holds $36k SHIP mortgage on.
Monroe County Housing Authority RBS
Current Status:
County's Answer, Cross & Counterclaims filed 6/15/6.
Next Activity:
Serve Olga Ruiz; Discovery.
Time: 5.7
Costs:
8.68
4
Aquiar, Alexander & Elizabeth Ginart v. Monroe Countv CA P 06-189
Circuit Court 16th Judge: Garcia Date Filed: 5/5/06
Appeal from decision of Code Enforcement Special Magistrate
Growth Management/Code Enforcement PJM
Current Status: Appellant's brief over due.
Next Activity: Move to dismiss.
Time: 0.9
Costs:
0.00
Ambrose, Thora et al v. Monroe Countv et al CA P 97-636
Circuit Court 16th Judge: Garcia Date Filed:12/11/97
Declaratory Judgment action claiming vested rights due to subdivision plats.
Subsequent appeal of summary judgment order reversed and remanded.
Growth Management/Planning JDS
Current Status: Voluntarily dismissed by Plaintiff.
Next Activity: Move to tax costs as prevailing party.
M&H Billing to date:
CAY Time: 2.5
$30,960.98. Costs: $2,899.73
Bever. Gordon & Mollv v. Marathon v. Monroe Countv & State CA M 05-313
Circuit Court (16th) Judge: Payne Date Filed: 12/14/5
Third Party claim by Marathon for takings case brought by property owners.
Growth Management/Planning RBS
Current Status: Third Party complaint filed 6/22/06; Mayor served 7/7/06.
Next Activity: County's responsive pleading due 8/27/6.
Time: 3.2
Costs:
0.00
In re: Birch Telecom, Inc. 05-12237 PJW
U.S.Bnktcy.Delaware Judge: Walsh Date Filed: 8/12/05
Bankruptcy action by pay phone vendor which claims it owes County $4.15.
Administrative Services/Technical Services RBS
Current Status: Claim deadline passed 11/4/05. County's interest $4.15.
Next Activity: None.
Time: 1.0 Costs: 0.00
5
Bond. James T. et al v. Monroe County CA K 06~394
Circuit Court 16th Judge: Jones Date Filed: 4/21/06
Declaratory Judgment action seeking injunction against enforcement of flood
plain regulations on downstairs enclosure that exceeded scope of permit.
Growth Management/Building Dept./Code Enforcement RBS
Current Status: Settled.
Next Activity: Await dismissal by plaintiff.
Time: 9.2
Costs:
0.00
Cutaia. Thomas v. Monroe County. MCSO. Pretrial Services CAK~05~617
Circuit Court 16th Judge: Jones Date Filed: 6/21/05
Complaint for unspecified damages. Mayor not served yet.
Constitutional Officer/MCSO RBS
Current Status:
Inactive.
Next Activity:
None unless & until served.
Time: 0.6 hours
Costs: 0.00
D.B. Key Larao. LLC v. Monroe County Plannina Comm'n DOAH 06~484
DOAH Judge: Johnston Date Filed: 2/10/06
Administrative appeal of planning commission denial of an application for
amendment to a major conditional use permit
Growth Management/Planning JDS
Current Status:
Held in abeyance by agreement of the parties.
Next Activity:
Status report due 9/5/6.
Time: 3.3 hours
Costs: 0.00
Dorn. Kenneth & Katie Pearce v. Monroe County CA P 06~203
16th Circuit Judge: Garcia Date Filed: 5/15/06
Quiet title action challenging imposition of conservation easement.
Growth Management/Planning RBS
Current Status:
Exploring settlement options with plaintiffs.
Next Activity:
Responsive pleading due 9/7/06.
Time: 5.8
Costs:
0.00
6
Eads. Barbara v. Monroe County CAP-03-117
Circuit Court 16th Judge: Garcia Date Filed: 2/27/03
Appeal of order finding the Lowe House to be in unsafe condition.
Growth Management/Code Enforcement RBS
Current Status:
Historic structure being renovated.
Next Activity:
None at this time.
Time: 4.8 hours
Costs: 0.00
Evans, Ronald & Marvanna v. Monroe County & K.L.O.R. CA P 06-206
16th Circuit Judge: Garcia Date Filed: 05/15/6
Declaratory Judgment action seeking to enjoin entering into development
agreement with Key Largo Ocean Resorts Co-Op, Inc.
Growth Management/Planning RBS/JDS
Current Status:
Development agreement before SOCC 6/21/06.
Next Activity:
County's motion to dismiss to be heard 8/3/6.
Time: 14.2
Costs:
0.00
F .K.C.C. & Last Stand v. D.C.A. & Monroe County
DOAH ALJ: Alexander
Administrative challenge to ordinances adopting Tier system.
Growth ManagementJPlanni ng
DOAH 06-2449GM
Date Filed: 717/6
JDS/RBS
Current Status:
Reviewing petition.
Next Activity:
Final hearing to be held between 9/11 - 9/15.
Time: 4.0
Costs:
0.00
Fuchs, Walburga v. Monroe County
Circuit Court 16th Judge: Payne
This is a code enforcement appeal of an OSTDS case.
Growth Management/Code Enforcement
CAK-01-1251
Date Filed: 10/5/01
RBS
Current Status: The Court sua sponte scheduled oral argument.
Next Activity: Oral argument 10/30/06.
Time: 11.5 hours
Costs: 0.00
7
Good, Lloyd v. Monroe County CA K 01~977
Circuit Court 16th Judge: Payne Date Filed: 8/9/01
Inverse condemnation action based on NROGO and declaratory judgment that
owner be awarded permits for properties.
Growth Management/Planning RBS
Current Status:
County's motion to dismiss granted wI leave to refile.
Next Activity:
Property owner to go through BUD process.
M&H Billing to date: $18,526.41 as of 10/31/05.
CAY Time: 26.25 COST: $144.45
Graves, Frank III v. Monroe County
Circuit Court 16th Judge: Garcia
Code Enforcement appeal
Growth Management/Code Enforcement
CA P 06~154
Date Filed: 4/7/06
PJM
Current Status: Appellant's brief over due.
Next Activity: Move to dismiss.
Time: 0.5
Costs:
0.00
Hardin. Michelle v. Monroe County
Circuit Court 16th Judge: Miller
Appeal of code enforcement decision.
Growth Management/Code Enforcement
CA K 99-1046
Date Filed: 9/3/99
RBS
Current Status: Status review on pending motions.
Next Activity: File County's brief.
M&H Billing to date:$10,241.57 thru 8/31/05.
CAY Time: 6.5
lervolino, Joseph v. Florida Pavinq & Truckinq 04~15398 SP 05
Miami~Dade Small Claims Judge: ? Date Filed: 6/15/06
Garnishment action for funds County allegedly owes Florida Paving & Trucking.
Public Works/Roads & Bridges RBS
Current Status:
Garnishor dismissed action day after County served answer.
Next Activity:
Collect attorney's fees and close file.
Time: 3.2
Costs:
0.00
8
Johnson, Lloyd v. Marlene Conaway
Circuit Court 16th Judge: Payne
Writ of Mandamus challenge to boundary determination.
Growth Management/Planning
CA K 02-1248
Date Filed: 10/30/02
JDS
Current Status:
Status report from Judge's chambers pending.
Next Activity:
If needed, schedule hearing on Motion to Dismiss.
M&H Billing to date:
CAY Time: 3.4
$2,219.62 through 8/31/05.
Kalan. Suzanne v. Monroe County
Circuit Court 16th Judge: Garcia
Inverse condemnation action.
Growth Management/Code Enforcement
CA P 03-155
Date Filed: 3/11/03
RBS
Current Status:
Held in abeyance pending BUD hearing.
Next Activity:
Finalize motion for substitution of counsel.
M&H Billing to date:
CAY Time: 1.0
$2,855.77 as of 8/31/05.
Lee, Vera Estate of CP K 02-112
Circuit Court 16th Judge: Taylor Date filed: 5/14/02
County has claim in probate case for an elderly home loan & unpaid taxes.
Housing Authority & Constitutional Officer RBS
Current Status: Estate re-opened, CAY appointed PR.
Next Activity: Sell property to satisfy all liens, complete estate.
Time: 5.4 Costs:
McCole. Jeanine v. City of Marathon v. Monroe County & State CA M 05-314
Circuit Court (16th) Judge: Payne Date Filed: 12/14/5
Third Party claim by Marathon for takings case brought by property owners.
Growth Management/Planning RBS
Current Statuts: Third Party complaint filed 6/20/06; mayor served 7/7/6.
Next Activity: County's responsive pleading due 8/27/6.
Time: 1.4
Costs:
0.00
9
Mcintyre, Edward v. Richard Roth & Monroe County
US Dist. SDFla. Judge: Hoeveler
Civil Rights action filed in 1980 over old jail facilities.
Constitutional Officer/MCSO
80-1721-CIV-WMH
Date Filed: 7/8/80
Settled 12/1991.
RBS
Current Status: Status report being finalized.
Next Activity: Status conference to be scheduled.
CAY Time: 13.0
Costs: $86.77
(since March 2005)
Monroe County v. Matthew Bonnett CAK-05-911
Circuit Court 16th Judge: TBA Date Filed: 9/9/5
Code enforcement lien collection action authorized 10/17/04, $78,000.
Growth Management/Code Enforcement PJM
Current Status:
Discovery.
Next Activity:
Bonnett's discovery responses due 9/1/6.
Time: 6.8 hours
Costs: $295.00
Monroe County v. Alain Y. Depierrefeu CAK-03-1504
Circuit Court 16th Judge: Jones Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the BOCC on 4/18/03.
Growth Management/Code Enforcement RBS
Current Status: Default vacated.
Next Activity: Answer due 9/1/6.
V & B Fees billed to date: None
CAY Time: 6.7
Costs: 0.00
Monroe County v. Alain Y. Depierrefeu CAK-03-1507
Circuit Court 16th Judge: Jones Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the BOCC on 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
same as previous entry.
Next Activity:
Same as previous entry.
V&B Fees billed to date: None
CAY Time: 3.5 hours
Costs: 0.00
10
Monroe County v. Dorothy Hough, et al CAP-OS-160
Circuit Court 16th Judge: Garcia Date Filed: 4/6/0S
Action to collect unpaid code enforcement fine of $61 ,850.00.
Growth Management/Code Enforcement RBS
Current Status:
Settlement agreement drafted.
Next Activity:
SOCC to consider settlement agreement in Sept. 2006.
Time: 17.4 hours
Costs: $596.00
Monroe County v. James Jeanauenat
Circuit Court 16th Judge: Garcia
Collection action authorized by SOCC on 4/21/04,
Growth Management/Code Enforcement
CAP-OS 317
Date Filed: 7/18/0S
Fine exceeds 136,100.00.
RBS
Current Status:
Motion for Dismiss filed.
Next Activity:
Motion hearing TSA.
Time: 3.7 hours
Costs: $275.00
Monroe County v. Key Largo Ocean Resorts CooP, Inc.
Circuit Court 16th Judge: Garcia
Action to foreclose a code enforcement lien.
Growth Management/Code Enforcement
CAP-96-260
Date Filed: S/20/96
RBS
Current Status: Development agreement application being reviewed.
Next Activity: Status report due with the Court 10/1/06.
Time: 41.5 hours
Costs: $340.00
Monroe County v. Pedro Liz CAK-OS-420
Circuit Court 16th Judge: Jones Date Filed: 4/22/0S
Collection action authorized by SOCC on 7/17/03; fines exceed $816,300.00.
Growth Management/Code Enforcement RBS
Current Status: Guardian appointed, Answer filed.
Next Activity: Discovery andlor settlement discussions.
Time: 10.1 hours
Costs: $555.00
11
Monroe County v. Mary Ellen Lloyd CAM-03-362
Circuit Court 16th Judge: Jones Date Filed: 12/19/03
Code enforcement foreclosure action authorized by the SOCC 4/18/03.
The total amount of the lien owed to the County is $143,500.00.
Growth Management/Code Enforcement RBS
Current Status:
Settlement offer to soce at July 2006 meeting.
Next Activity:
If not settled, mediation by 8/15/06.
V&B Fees billed to date: None
CAY Time: 5.9 hours
Costs: 0.00
Monroe County v. Arthur Mehr
Circuit Court 16th Judge: Garcia
Code fine collection action. Fine exceeds $42,000.00.
Growth Management/Code Enforcement
CAP-05-348
Date Filed: 8/5/05
RBS
Current Status:
Discovery.
Next Activity:
Discovery.
Time: 13.7 hours
Costs: $850.00.
Monroe County v. James Messera, et al CAK-03-1509
Circuit Court 16th Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the SOCC 4/18/03.
Growth Management/Code Enforcement RBS
Current Status:
Discovery.
Next Activity:
Discovery responses due 9/1/6.
V & B Fees billed to date: 67.3
CAY Time: 3.0
Costs: $1029.03
Monroe County v. Outland Properties CAP-05-400
Circuit Court 16th Judge: Garcia Date Filed: 9/9/5
Collection action authorized by SOCC on 10/17/04. Fine over $225,000.00.
Growth Management/Code Enforcement PJM
Current Status:
Defendant served.
Next Activity:
Discovery due 9/1/6.
Time: 1.6 hours
Costs: 300.00
12
Monroe County v. Virainia Sawyer & Tony Welters CAK-03-1505
Circuit Court 16th Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action that was authorized by the sacc 7/15/03.
Growth Management/Code Enforcement RBS
Current Status:
Settlement negotiations pending.
Next Activity:
If unsuccessful, move for summary judgment
V & B Fees billed to date: None
CAY Time: 2.0
Costs: 0.00
Monroe County v. Virainia Sawyer CAK-03-1506
Circuit Court 16th Judge: Jones Date Filed: 12/18/03
Code enforcement foreclosure action that was authorized by the sacc 7/15/03.
Growth Management/Code Enforcement RBS
Current Status:
Court approved settlement agreement, injunction, lien.
Next Activity:
Enforcement if not compliance.
V&B Fees & Costs billed to date: $11,745.44
CAY Time: 6.7 hours
Monroe County v. Louis Welters CAK-04-639
Circuit Court 16th Judge: Jones Date Filed: 6/14/04
Code enforcement foreclosure action that was authorized by the sace 7/1 5/03.
Growth Management/Code Enforcement RBS
Current Status:
Settlement negotiations pending.
Next Activity:
If unsuccessful, move for summary judgment.
V&B Fees billed to date: None
CAY Time: 2.5
Costs: 0.00
O'Daniel. John & Theresa Hill v. Monroe County
Circuit Court 16th Judge: Garcia
Appeal of code enforcement action and vested rights claim.
Growth Management/Code Enforcement/Planning
CA P 02~141
Date Filed: 3/13/02
JDS
Current Status:
Mandate from Third DCA received 1/13/06.
Next Activity:
Status inquiry with chambers pending.
M&H Billing to date:
CAY Time: 2.5
$42,782.73 as of 10/31/05
13
Neumont. Elizabeth et al. v. Monroe County 99-10054-CV
U.S. Dist. Ct., S.D.Fla. Judge: Paine Date Filed: 5/21/99
Class action challenging enactment of vacation rental ordinance.
Growth Management/Planning RBS
Current Status:
Supreme Court.
On appeal to 11 th Circuit which certified question to Florida
Next Activity:
None, await ruling.
M&H Billing to date:
CAY Time: 0.5
$123,563.24.
Neumont, Elizabeth et al. v. Monroe County
11th Circuit Court of Appeals Judges: TBA
Appeal of 99-1 0054-CV above.
Growth Management/Planning
04-13610-X
Date Filed: 7/15/04
RBS
Current Status:
Court certified question to Florida Supreme Court.
Next Activity:
None in 11 th Circuit until certified question answered.
CAY Time: 4.5
Oliveros. Joseph v. Ana M. Velazquez & Monroe County
Circuit Court 16th Judge: Garcia
Quiet title action to property conveyed via tax deed.
Constitutional Officer/Clerk/Tax Collector
CA P 06-130
Date Filed: 3/20/06
RBS
Current Status: County has no interest to defend in case.
Next Activity: None.
Time: 1.8 Costs: 0.00
14
CAY POST JUDGMENT CASES
Evans, Brian v. Monroe County. et al 04-CIV-10033-JLK
U.S.Dist.,S.D.Fla. (Miami) Judge: King Date Filed: 5/6/04
Money Judgment of $4,579.00 in favor of County & MCSO for rule 11 sanctions.
Constitutional Officer/MCSO RBS
Current Status: $4,579.00 in fees awarded to County & MCSO.
Next Activity: Collection.
CAY Time: 9.5 hours
Costs: 0.00
Monroe County v. William L. Davis CAP-04-181
Circuit Court 16th Judge: Garcia Date Filed: 4/15/04
Money judgment of $27,600.00 for unpaid code enforcement fines and costs.
Growth Management/Code Enforcement RBS
Current Status: Final judgment of $28,431.00 recorded w/ Dept. of State.
Next Activity: Collection.
Time: 6.2 hours
Costs: $56.00
Monroe County v. Dan Gleason SCP-03-165
County Court (Sm. Claims) Judge: ptomey Date Filed: 8/5/03
Money judgment of $520.00 for unpaid code enforcement fines and costs.
Growth Management/Code Enforcement RBS
Current Status: Final judgment recorded wI Dept. of State.
Next Activity: Collection.
Time: 9.5 hours
Costs: $65.92
Monroe County v. Lily Marks CAK-03-1152
Circuit Court 16th Judge: Jones Date Filed: 1012103
Money judgment of $795,270.00 for unpaid code enforcement fines and costs.
Growth Management/Code Enforcement RBS
Current Status: Final judgment entered for $795,270.00 on 5/9/05.
Next Activity: Collection.
Time: 8.5 hours
Costs: $55.00
15
POTENTIAL CASES THAT HAVE NOT YET BEEN FILED
Ballard, Kandi v. Bergen Trust and Monroe County TBA
TBA Judge: TBA Date Filed: TBA
PI case arising from County's of Bergen property for hurricane debris.
Risk Management/Engineering RBS
Current Status:
Reviewing claim and information provided.
Next Activity:
None until/unless suit is filed.
Time: 7.1
Costs: $0.00
BOCC v. Donald Brown and Glenda Rentz
Circuit (16th) Judge: TBA
Code Enforcement Lien collections: BK11 Lt 9
Growth Management/Code Enforcement
TBA
Date Filed: TBA
& Lt 10 Coppit Sub
PJM
Current Status:
Complaint drafted.
Next Activity:
Revise complaint, file and serve.
Time: 1.5 Costs: 0.00
Bott, Andrew & Donna v. City of Marathon CA M 05~267
Circuit Court (16th) Judge: Payne Date Filed: 9/30/05
Declaratory Judgment action challenging validity of affordable housing deed
restriction City of Marathon inherited from County at time of incorporation.
Growth Management/Planning RBS
Current Status: Appealed to 3rd DCA;
Next Activity: None pending appeal.
Time: 13.5
Costs:
0.00
Bott, Andrew & Donna v. City of Marathon
Third DCA Judges: TBA
Appeal of dismissal of CA M 05-267.
Growth Management/Planning
3D06~1261
Date Filed: 5/24/6
RBS
Current Status:
Reviewing record.
Next Activity:
Bott's brief due: 9/1/6
Time: .5
Costs:
0.00
16
Calusa Campground Condo v. Monroe County. et al., TBA
Circuit Court (16th) Judge: Date Filed:
Threatened action by condominium resulting from statements regarding platting
requirements by Growth Management personnel.
Growth Management/Planning JDS
Current Status: Investigating claim & preparing response.
Next Activity: Awaiting claimant's filing proper subdivision plat for approval.
Time: 2,5
Costs:
0.00
Cormier, Leonard TBA
Circuit Court (16th) Judge: TBA Date Filed: TBA
Personal injury claim arising from alleged injuries at East Martello
Risk Management/Public Works RBS
Current Status: Assisting Risk with investigation of claim.
Next Activity: Issue letter by 11/22/06.
Time: 0.2
Costs:
0.00
Good. Lloyd v. Monroe County TBA
Circuit Court (16th) Judge: Date Filed:
Bert J. Harris Act claim regarding two parcels of property owned by Lloyd Good.
Growth Management/Planning RBS
Current Status: Settlement discussions underway.
Next Activity: Draft settlement agreement.
Time: 8.6 hours
Costs: $5.56
Hamelton, Charles v. KWRU & Monroe County CA K 04-740
Circuit Court (16th) Judge: Miller Date Filed: 7/6/04
Potential personal injury claim by scooter accident victim and/or utility seeking
damages from the County. Handled jointly with Johnson, Anselmo.
Public Works/Roads and Bridges/Risk Management RBS
Current Status:
County depositions concluded; County not a party yet.
Next Activity:
None scheduled.
Fees Billed to Date: 0.00
CAY Time: 14.1
Costs: 0.00
17
Monroe County v. Estate of Thomas O'Brien TBA
Small Claims Monroe Judge: TBA Date Filed:
Action against estate to collect unpaid ambulance bill of $861.81. Probate case
is CP K 05-164.
Emergency Services/EMS RBS
Current Status: Settlement agreement approved by the probate court.
Next Activity: Inventory filed; Awaiting payment.
Time: 3.6 Costs: 0.00
State of Florida v. Monroe County TBA
TBA Judge: TBA Date Filed: nfa
AG's Medicaid Fraud unit alleges over billings for ambulance services.
Public Safety/Fire Rescue RBS
Current Status: Waiting over a year for AG's office to set up conference.
Next Activity: None scheduled.
Time: 9.2 hours
Costs: 0.00
Stewart, Beckv v. Monroe County TBA
TBA Judge: TBA Date Filed: TBA
Tort claim arising from accident involving County vehicle in Ocala.
Risk Management RBS
Current Status: Negotiations stalled due to offsetting claims.
Next Activity: Defend suit if filed; file suit if appropriate.
Time: 1.4 Costs: $0.00
Watts. Maraaret. et al v. Michael Hunter, et al. 37 2006 CA 1823
Circuit Court (2nd - Leon) Judge: TBA Date Filed: 7/20/06
Class action filed against Florida Medical Examiners' Commission and 17
appointed district medical examiners seeking a refund of cremation fees that
were not authorized by statute. Dr. Hunter will be retaining his own counsel.
Engineering RBS
Current Status: County not named as a party at this time.
Next Activity: None unless & until County named.
Time: 1.5 Costs: $0.00
18
CASES BEING LITIGATED BY OUTSIDE COUNSEL
Ferencik, Li ban off, Brandt, Bustamante and Williams, P.A. (Ira Libanoff)
Monroe County v. Bender & Associates, et al CAK-03-915
Circuit Court 16th Judge: Jones Date Filed: 8/4/03
Breach of contract and negligent misrepresentation action arising from the
defective windows in the Gato building.
Engineering/Construction Management RBS
Current Status:
Complaint amended to add additional OF.
Next Activity:
Discovery.
Fees billed to date: $102,658.50 Costs: $12,720.38 (thru 4/20106)
Monroe County v. Jose Gonzalez CA K TBA
Circuit Court 16th Judge: TBA Date Filed: TBA
Possible breach of contract action against County's former architect.
Engineering/Construction Management RBS
Current Status:
Discussions with Gonzalez
Next Activity:
Schedule meeting with staff & Gonzalez.
Fees billed to Date:
CAY Time: 12.5
$11,119.87 Costs: $872.21 (thru 3/10106)
Monroe County v. Lodqe Construction, et al CAK-OO-617
Circuit Court 16th Judge: Payne Date Filed: 5/11/00
Suit against general contractor & its surety for breach of contract.
Engineering/Construction Management RBS
Current Status:
Motion to set before Senior Judge pending.
Next Activity:
Ruling on Senior Judge motion pending & trial date to be set.
Fees billed to date: $298,595.26 Costs: $71,523.31 (thru 4/20/06).
19
Tropex Construction Service. Inc. v. Monroe County CA P 06-44
Circuit Court 16th Judge: Garcia Date Filed: 1/30/06
Breach of contract suit filed by contractor who terminated contract to build
Tavernier Fire Station before commencement of construction.
Engineering/Construction Management RBS
Current Status:
Motion to dismiss pending.
Next Activity:
Set hearing on County's motion to dismiss.
Billing Received to date: none.
CAY Time: 1.1 Costs: 0.00
Gray Robinson (Ed Scales & Monterery Campbell)
Neumon!. Elizabeth v. State & Monroe County SC 06-1204
Fla. Supreme Court Judges: en bane Date Filed: 6/14/6
Certified question from the 11 th Circuit to the Florida Supreme Court seeking
guidance on proper interpretation of F.S. 125.66(4), ordinance notice provision.
Growth Management/Planning RBS
Current Status:
Neumont's brief served.
Next Activity:
County's brief due 8/29/06 unless extension granted.
Billing Received to date:
Time: 8.6 Costs: 0.00
Johnson, Anselmo, Murdoch, Burke, Piper, & McDuff, P.A.
(Bruce Johnson, Mike Burke, Tammy Scrudders)
Bauknight, Ska~s & Rockett v. Monroe County CAP-04-451
Circuit Court 16 Judge: 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/Planning RBS
Current Status: Third party complaint against State filed 1/11/06.
Next Activity: Discovery.
Fees billed to date: $832.24
Costs: 0.00
20
Bauknight, Skaggs & Rockett v. Monroe County 04-CV-10105
U.S. D.C. S.Fla. Judge: Moore Date Filed: 11/1/04
Inverse condemnation/takings case by owners of 3 Big Pine lots.
Growth Management/Planning RBS
Current Status:
None.
Next Activity:
None.
Fees billed to date: None
Costs: 0.00
Bauknight. et al. v. Monroe County 05-10868-F
11th Cir. Ct. of Appeals Judge: TBA Date Filed: 2/11/05
Property owners' appeal of denial of attorney's fees against the County
Growth Management/Planning RBS
Current Status: 6/14/6 11th Circuit denied motion for rehearing. affirmed
decision denying owners' fees. County awarded appellate costs.
Next Activity: None; await 90 day period for expiration of time to petition
U.S. Supreme Court for certiorari review.
Fees billed to date: None.
Costs: 0.00
Florida Key Deer v. Michael Brown & Gale Norton 90-10037-CIV-Moore
u.S. Dist. Ct., SD Fla. Judge: Moore Date Filed: 4/2/90
ESA case that resulted in permanent injunction barring FEMA flood insurance.
Growth Management/Planning RBS
Current Status: Injunction in place. 6/9/6, Federal defendants moved for two
month extension to produce revised biological opinion and new RPAs.
Next Activity:
On appeal, see 05-16374-11
Billing to Date: none
CAY Time: 33.8
Costs: 0.00
21
Paulson, R.D. v. Florida Key Deer, et al 05-16374-11
11th Circuit Judges: TBA Date Filed: 11/10/05
Appeal of Southern District's injunction in 90-10037-CIV. County appeared as
amicus curiae because denied intervention. See Case No.: 05-16990-1l.
Growth Management/Planning RBS
Current Status: Briefs complete.
Next Activity: Awaiting decision by Court.
Billing to date:
CAY Time:
none
0.5
Costs:
0.00
Monroe County v. Florida Key Deer, et al 05-16990-11
11th Circuit Judges: TBA Date Filed: 12/12/05
Appeal of denial of County's motion to intervene in 90-10037-CIV.
Growth Management/Planning RBS
Current Status: Briefs complete.
Next Activity: Await decision by the Court.
Billing to Date: None
CAY Time: 1.0
Florida Key Deer, et al v. Gale Norton (Sec. of Interior) 05-10063-CIV-KING
U.S.D.C. S.D.Fla. Judge: King Date Filed: 6/15/05
ESA challenge to F&WS review of construction of park on Big Pine Key.
Engineering/Construction Management RBS
Current Status: Dismissed with prejudice by agreement on 2/13/06 because
revised biological opinion satisfactory to Plaintiffs.
Next Activity:
Resolve any attorneys fees & costs motions.
Fees billed to date: $612.50
CAY Time: 6.5
Costs: 0.00
22
Hvland, Thomas G. v. D. Kolha~e & R. Thurston 04-10102-CIV
U.S.D.C.SD.Fla. Judge: Highsmith Date Filed: 10/21/04
Civil Rights action against Deputy Clerk of Court by inmate.
Constitutional Officer/Clerk RBS
Current Status: Discovery.
Next Activity: Answers to interrogatories due July 24,2006.
CAY Time: 8.6
Fees & Costs billed to date:
$33,695.01
Hvland. Thomas G. v. Dannv L. Kolha~e 06-127330
11th Circuit (US) Judge: TBA Date Filed: 5/4/6
Appeal of dismissal of Clerk from Civil Rights suit for alleged actions of deputy
clerk. Johnson, Anselmo is coverage counsel & co-counsel to CAY.
Constitutional Officer/Clerk RBS
Current Status: Dismissed by Court.
Next Activity: Close after hearing period expires.
Time: 1.6 Costs: 0.00
Billing to Date: none
FKCC & Last Stand v. FL Admin. Comm., Monroe County DOAH 04-2756
DOAH Judge: Carolyn Holifield Date Filed: 08/05/04
Administrative Rule challenge to partnership agreement with State.
Growth Management/Planning RBS
Current Status: Final Order in County's favor issued 6/29/05.
Next Activity: None pending appeal.
Fees billed to date: $59,464.92
CAY Time: 190.1 hours
Costs: 0.00
23
FKCC & Last Stand v. FL Admin. Comm.. Monroe County. et al 3005-1800
Third DCA Judges: TBA Date Filed: 7/28/05
Appeal of ALJ's decision denying rule challenge in DOAH 04-2756.
Growth Management/Planning RBS
Current Status: Briefing complete.
Next Activity: Oral argument 9/20/06,
Fees billed to date: see DOAH case for fees.
CAY Time: 0.5 hours Costs: 0,00
Hardee, Evelyn v. Monroe County
Circuit Court 16th Judge: Garcia
Tort action arising from alleged fall at PK Court house,
Risk Management/Public Works
CAP-05-255
Date Filed: 6/3/05
Settled for $25,000,00.
RBS
Current Status: Dismissed 6/7/06. Re-opened 8/2/6
Next Activity: Hearing set for 10/5/2006.
Fees billed to date: $28,053.11 (thru 6/16/06),
CAY Time: 10.3 hours
Kessler, Stuart v. Monroe County & Tom Willi CA K 05-1006
Circuit Court 16th Judge: Jones Date Filed: 10/11/2005
Whistle-Blower & Civil Rights claim by former employee,
Human Resources/Risk Management RBS
Current Status: 4/11/6 Court dismissed 2 of 4 counts, 2 counts remain.
Next Activity: Depositions 8/11/06,
Fees & Costs billed to date:
CAY Time: 36.9
$17,7776.92 (thru 2/1/06)
24
Neuman. Kenneth v. Monroe County CAK~04~663
Circuit Court 16th Judge: Jones Date Filed: 6/21/04
Action for damages and to compel County to issue building permits.
Growth Management/Planning RBS
Current Status:
Discovery .
Next Activity:
None scheduled.
Fees billed to date: $2,326.92
CAY Time: 5.8 hours
Costs: 0.00
Riverview Consultants. Inc. v. Monroe County CAK~05~373
Circuit Court 16th Judge: Jones Date Filed: 4/13/05
Case alleging tortious interference with contract by airport DBE subcontractor.
Risk Management/Airports/MCSO PJM
Current Status:
Discovery.
Next Activity:
Hearing on County's motion for summary judgment 9/7/6.
Fees billed to date: $743.86
CAY Time: 13.9 hours
Costs: 0.00
Paul, Hastings (Bob Freilich & Derek Howard)
Collins. Thomast, et al v. Monroe County
Circuit Court 16t Judge: Payne
Takings action brought by 11 groups of plaintiffs.
Growth Management/Planning
CAM~04~379
Date Filed: 11/22/04
RBS
Current Status:
Discovery.
Next Activity:
Case management conference to be reset.
Total Fees billed to date: $904,043.84 (thru 8/9/06)
CAY Time: 158.8 hours Costs: $90,302.13
25
Emmert, Helen & Greg v. Monroe County
Circuit Court 16th Judge: Garcia
Inverse condemnation and vested rights action.
Growth Management/Planning
CA P 02-520
Date Filed: 10/2/02
RBS/JDS
Current Status: Motion for summary judgment filed.
Next Activity: Hearing 10/12/06.
P, H Billing to date:
M&H Billing to date:
CAY Time: 15.5
None
$94,550.56 as of 10/31/05
Galleon Bay v. Monroe County v. State of Florida
Circuit Court 16th Judge: Payne
Inverse condemnation and vested rights action.
Growth Management/Planning
CA K 02-595
Date Filed: 5/21/02
RBS
Current Status: Drafting settlement of Third Party complaint against State.
Next Activity: Hearing on post trial motions 10/30/06.
M & H Billing to date:
Paul, Hastings Billing:
CAY TIME: 56,5
$54,322.5 thru 1/25/06.
$245,016.00 Costs: $3,742.59
Vernis & Bowling of the Florida Keys, P.A.
(Dirk Smits, Scott Black, Kerry Willis)
GAP Properties of SW Florida-I, Inc. v. Monroe County CAK-04-1321
Circuit Court 16th Judge: Jones Date Filed: 12/10/04
Cert. review of action involving failure to obtain plat approval of dock subdivision
and an improper change of use without a major or minor conditional use permit.
Growth Management/Planning RBS
Current Status: None pending appeal. See below.
Next Activity: None.
Fees billed to date: $106,114.89
Costs: $306.43
26
GAP Properties of SW Florida-I, Inc. v. Monroe County 3D05-2413
Third DCA Judges: Date Filed: 12/10/04
Second tier certiorari review of action involving failure to obtain plat approval of
dock subdivision and an improper change of use without a major or minor
conditional use permit.
Growth Management/Planning RBS
Current Status:
Certiorari denied 4/21/06.
Next Activity:
None. Close once final bill paid.
Fees billed to date: trial court costs & fees.
Key Tex S. D. Condo Assoc. v. Monroe County & T. McGarry CAK-04-224
Circuit Court 16th Judge: Jones Date Filed: 3/2104
Action to prevent County from denying permits because of ownership conversion
to condominiums and compel County to accept permit applications.
Growth Management/Planning RBS
Current Status: Amended order dismissing wi prejudice 7/26/06.
Next Activity: Appeal deadline 8/26/06.
Fees billed to date: $32,290.50
Costs: $2,540.84
Osborn. Jeff v. Monroe County CAP-04-564
Circuit Court 16th Judge: Garcia Date Filed: 11/24/04
1 of 2 certiorari petitions challenging development approval of Northstar project.
Growth Management/Planning RBS
Current Status:
Court denied petition 12/14/05.
Next Activity:
None pending appeal.
Fees billed to date: $39,348.11
Costs: $261.49
27
Osborn. Jeff v. Monroe County
Third DCA Judges: TBA
Certiorari appeal of CA P 04-564 on Northstar Project.
Growth Management/Planni ng
3D06-52
Date Filed: 1/11/06
V & B handling. RBS
Current Status: Certiorari granted directing Circuit Court to clarify standard it
used in CA P 04-564.
Next Activity:
Await response from Circuit Court.
Billing received to date: see billings for CA P 04-564.
Osborn. Jeff v. Monroe County CAP-04-565
Circuit Court 16th Judge: Garcia Date Filed: 11/24/04
2 of 2 certiorari petitions challenging development approval of Northstar project.
Growth Management/Planning RBS
Current Status: 5/15/6 - Court denied certiorari.
Next Activity: None. Appellate period expired, 6/16/06.
Fees billed to date: $3,920.50
Costs: $146.93
Assigned Assistant County Attorney
PJM = Pedro Mercado
JDS = Jerry Sanders
RBS = Bob Shillinger
28