Item C
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
TO BE ADDED ON IF BOARD GIVES UNANIMOUS CONSENT
Meeting Date 11/29/04
Division
County Attorney
AGENDA ITEM WORDING Request for direction from the County Attorney's office on 3 separate
legal matters.
ITEM BACKGROUND
1. Collins, et al v. Monroe County. The County was recently served with a takings case
involving approximately 20 plaintiffs. The County Attorney requests direction on
retaining outside counsel to defend the County. Options include:
a. Freilich, Leitner & Carlisle, a Kansas City boutique firm that speCializes in takings
claims and has advised the County on land use matter during the last 10-15 years
including the damages portion of the Shadek case.
b. Johnson, Anselmo, Murdoch, Burke, Piper & McDuff, P.A., of Fort Lauderdale, which
has served as the County's general liability firm and is defending 3 other smaller
takings cases at the present time. Johnson, Anselmo is also lead counsel for the
County in the current administrative rule challenge.
c. Other firms.
2. J.D. v. Monroe County. The County recently prevailed in a writ of mandamus action
brought by an employee who was seeking a hearing before the employee grievance
council. The County Attorney's office, which expended over 17 hours defending the
case, is requesting direction on whether to pursue recouping approximately
$2800 in attorney's fees against the employee.
3. Nunziante v. Monroe County. The County was recently served with a suit seeking to force
the County to admit Ms. Nunziante to Bayshore Manor as a permanent resident at less
than the full cost rate because her family believes it should not be obligated to fund the
difference between what Ms. Nunziante can afford on her own and the full rate. On
Tuesday, November 30, 2004, a hearing is scheduled on her emergency motion for
injunctive relief wherein she is requesting that the County not evict her from the facility
during the course of the litigation. Her family has offered to escrow the difference during
the pendency of the litigation, with the victor claiming the funds, provided the County
does not evict her during the litigation. To clarify, Ms. Nunziante has been staying at
Bayshore under 30 day-contracts for respite care. The last contract expired on November
20, 2004. The County Attorney's office is seeking direction on whether to enter
into such a stipulation.
STAFF RECOMMENDATIONS to be provided
APPROVED BY:
County Attorney _ OMB/Purchasing! Risk Management!
DIVISION DIREcroRAPPROVAL:~~
JOHN R. CO NS
l'
C
"
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Freilich, Leitner & Carlisle
A Partnership including Professional Corporations
1150 One Main Plaza, 4435 Main Street
Kansas City, Missouri 64111-7727
(Cass, Clay, Jackson & Platte Cos.)
Telephone: 816-561-4414
Facsimile: 816-561-7931
Email: Contact Us
(Main Office)
Firm Credentials
IAI Bar Reg'- PraclIce 1Ueas: Muridpal and Zoning Law.
Statement of Practice:
Land Use; Zoning, Planning and Subdivisions; Municipal Law; Environmental Law;
Real Estate Development; Housing and Urban Development; Public Finance and
Homeowner's Association Law.
Year Established: 1975
Firm Profile:
A finn totally committed to a land use/environmental/municipal practice on a national
basis, an of FlC"s attorneys have backgrounds in land use planning or a related field,
in ad<ition to their law degrees. The firm focuses on three areas of emphasis: planning
law, litigation, and planning with attorney-p1amer overlap in each area.
Firm Size: 6
Other Office Addresses:
Aspen, Colorado Office: Freilich, Myler. Leitner & Cartisle, 106 Mill Street, Suite 202.
Telephone: 970-920-1018. Fax: 970-920-4259.
Clients:
REPRESENTATIVE PUBUC CUENTS: Albuquerque, NM; Fountain Hills and Queen
Creek (Phoenix), AZ:, Aspen, CO; Dade County (Miami), Fl; Frederick, MD; Johnson
County (Kansas City). KS; Kiawah Island, SC; Leon County (Tallahassee), FL;
Leawood, KS; Uberty, MO; Livingston County, MO; Monroe County, 1A; Nashua, N.H.;
OJathe (KS) School District; Prince George's County (Washington, D.C.), MD;
Monterey County, CA; Roanoke, VA; Rochester (Mayo Clinic), MN; St Petersburg, FL;
San Antonio, TX; San Diego, CA; Scottsdale, AZ:, Tampa-Hillsborough County, FL;
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u.s. Navy; Warren County (Des Moines), \A.
REPRESENTATIVE PRIVATE CUENTS: Aying J Travel Plazas; HBE Corp.;
Highwoods Properties; Hunt Midwest Real Estate Development Corp.; Interstate
General Co.; Kansas Manufactured Housing Association; HNTBJlDR International;
longview Farm U.C; Martin Marietta Materials, Ine.; Ochsner Hare & Hare; RLDS
Church; Roaring Fork Club, LP.; TIS~er & Associates.
Former Names:
Members of: Congress for the New Urbanism; American Planning Association; Urban
Land Institute.
MEMBERS OF ARM
Robert H. Freilich, (P.C.), (Member) born New York, N.Y., March 10,1936; admitted
to bar, 2001. Rorida; 1958, New York; 1969, Missouri; 1989, California; U.S. Court of
Appeals, Seoond, Fourth, Fifth, Sixth, Bghth. Ninth, Tenth and Eleventh Circuits; U.S.
Supreme Court Education: University of Chicago (A.B., 1954); Yale University (J.D.,
1957); Columbia University School of Public Administration (Master in Public
Amlinistration, 1958) Columbia University School of Law (LLM., 1969; J.S.D., 1975).
National Edtor, The Urban Lawyer (National Journal on Urban Law of The American
Bar Association, Section of State and local Government Law). Author: From Sprawl to
Smart Growth: Successful legal, Planning and Environmental Systems (ABA 2000);
Cases and Materials on Land Use (West, 2004 4th Ed.) with Callies and Roberts;
"Model Sutxivision Regulations and Practice: Text and Commentary," (APA 1995)
with Shul1z; "Exactions, Impact Fees and Dedcations (ABA 1995) with Bushek; "State
and local Government Finance," (Callaghan 2(03) with Gelfand Professor of Law,
University of Missouri-Kansas City School of Law, 1968-1989. Visiting Professor of
Law at Harvard Law School, 1984-1985, the london School of Economics and
Reading University, 1974-1975 and the University of Miami, 1996-1997. Director,
Annual Planning and Zoning Institutes, American Center for National and International
Law, Dallas and San Francisco. Member: Advisory Board, Journal of Environmental
and Planning Law; Federalism Committee, International Municipal Lawyers
Association. FaWty Member. American Law Institute, American Bar Association,
Annual Institute on Land Use. Appointed Special Master by U.S. District Court,
Western District cI Missouri, in U.S. v. Conservation Chemical Company, 1984-1988.
Member, American Institute of Certified Planners. Member. Board of Directors and
Past Chair, Planning and law Division. American Planning Association. Member:
Kansas City Metropolitan Bar Association (Member: Environmental law Committee;
local Governmental Law Committee); The ROOda Bar; State Bar of California; The
Missouri Bar; New York State Bar Association. Practice Areas: Zoning, Planning and
Land Use; Condemnation; Land Use Utigation; State Government Law; local
Government LaW; Real Property. Send an Email Rated AV
.~~.
Richard G. Carlisle. (P.C.), (Member) born Independence, Missouri, May 4,1945;
admitted to bar, 1971, Missouri; 1972, U.S. District Court, Western District of Missouri;
1975, U.S. Court of Appeals. Bghth Circuit; 1979, U.S. Supreme Court; 1986, U.S.
Court cI Appeals, Tenth Circuit and U.S. District Court, Northern District of California.
Education: University of Kansas (BA, 1967); University of Missouri-Kansas City
(J.D., 1971; LLM., in Land Use, 1977). Author: "Section 1983: Sword and Shield: Civil
Rights Violations: The Uability of Urban, State and local Government," ABA Press.
Co-Author: "Handing the Inverse Condemnation Case: Challenging land Use
Regulations," (with Elizabeth A. Garvin), Nichols on Eminent Domain, Matthew
Bender; "Administrative and l~ative Techniques for Resolving Vested Rights and
Condemnation Issues," (with S. Mark White), Nichols on Eminent Domain, Matthew
Bender. Chairman and Faculty Member. American Bar Association National Institutes
on Government Uability and Land Use Law. Member: The Missouri Bar; American Bar
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Association (Past Officer and Council Member of Section of State and Local
Government laW; Chairman, Various ABA Committees and National Institutes).
Practice Areas: Zoning, Planning and land Use; Condemnation; land Use Utigation;
State Government Law; Local Government Law; Real Property. Send an Email
Rated AV
S. Mark White, (Member) born Crawfordsville, Indana, December 7, 1962; admitted m
bar, 1988, North Carolina; 1990, Missouri. Education: Bethany College (BA, magna
cum laude, 1985); University of North Carolina (J.D., 1988; M.R.P., 1989). Research
Ecitor, North Carolina Journal of International Law and Commercial Regulation, 1987-
1988. Author: "Neotraditional Development A Legal Analysis: 49 land Use L &
Zoning Digest, at 3 (Aug. 1997); "Adequate Public Faalities Ordnances and
Transportation Management," (Planning Advisory Service Rep. No. 46.1, 1996);
"Affordable Housing Proactive and Reactive Planning Strategies," (Planning Advisory
Service Rep. No. 441,1992); "Administrative and Legislative Techniques for Resolving
Vested Rights and Condemnation Issues Transportation Management," (with Richard
G. Carlisle); Nichols, The law of Eminent Domain, Matthew Bender. 1993. Co-Author:
"Transportation Congestion and Growth Management," 24 Loyola of Los Angeles law
Review 915 (June 1991); "The Use of Zoning and Other Local Controls for Siting Solid
and Hazardous Waste Facilities, National Resources & Environment," (VVinter 1993).
Member: North Carolina State Bar; The MISSouri Bar; American Planning Association;
American Institute of Certified Planners; Congress for the New Urbanism; Institute of
Transportation Engineers. Practice Areas: Zoning Law; land Use Law; Municipal
Law; Public Rnance law. Send an Email
Robin A. Kramer, (Member) born New York, N.Y.; admitted to bar, 1980, New York;
1998, Missouri; 1999, Kansas. Education: University of Rochester (BA, Urban
Studies, 1975); Princeton University, Woodrow VVilson School of Public and
International Affairs (M.PA, 1978); New York University School of Law (J.D., 1979).
Author: "Memorandum on Restrictive Covenants in Lofts: Balancing the Equities,"
N.Y.C. Depl of Planning, 1981. Member: Kansas City Metroporltan, Kansas and
American Bar Associations; The Missouri Bar. Practice Areas: Zoning, Planning and
Land Use; Land Use Utigation; Real Estate; Zoning LaW; Local Government Law.
Send an Email
ASSOCIATES
Edward Tyson Smith, Jr., (Associate) born Rocky Mount, North Carolina, June 26,
1969; admitted to bar, 2000, Rorida. (Not admitted in Missouri). Education: University
of North Carolina at Chapel Hill (BA, Economics, 1991); University of Rorida (MA,
Urban and Regional Planning, 1995; J.D., 2000). Author: "Investment-Backed
Expectations. Background Principles, and the Public Interest Palazzolo and Beyond,"
Trends in land Use law From A to Z, American Bar Association, 2001. Member: The
Rorida Bar; American Bar Association; American Planning Association; American
Institute of Certified Planners. Practice Areas: Land Use; Local Government Law;
Telecommunications law. Send an Email
Elisa Lynn Paster, (Associate) born Shiloh Valley, Illinois, January 18,1972; admitted
to bar. 2003. Missouri. Education: Bryn Mawr College (BA, Growth and Structure of
Cities. cum laude, 1994); University College of London, Bartlett School of Architecture
(M.Sc., with dstinction, Housing in Development, 1995); University of New Mexico
School of law (J.D., cum laude, 2003). Order of the Coif. Student Ecitor-in-Chief,
Natural Resources Journal, 2002-2003. Author: "Creating Effective land Use
Regulations Through Concurrency," 43 Natural Resources Journal 753 (2003) (with
V\lhite). Member, American Planning Association. Member: The Missouri Bar;
American Bar Association. Practice Areas: Land Use Law; Zoning laW; Municipal
law; Land Use Utigation. Send an Email
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Johnson, Anselmo, Murdoch, Burke, Piper & McDuff, P.A.
The International Building, 2455 East Sunrise Boulevard, Suite 1000
Fort Lauderdale, Florida 33304
(Broward Co.)
Telephone: 954-463-0100
Dade: 305-945-2000
West Palm Beach: 561~-7448
Telecopier: 954-463-2444
Web Site: http://www.jambg.com
(Main Office)
Firm Credentials
I ~ I..... - P_IUeas, lllSU1lnce Defense.
e.u kfGISlER
Statement of Practice:
General Civil Practice. Real Property, Corporation, Probate, Surety, Banking,
Admiralty, Labor and Employment law, Insurance law, Civil Rights and Municipal
law. Trials in all State, Workers Compensation and Federal Courts.
Finn Size: 18
Representative Clients:
American Family Restaurant Corp.; American Tower Systems; AutoNation USA
Corporation; Balian Isles Development Corp.; Bassett Boat Co. of Rorida; Beach
Place Partners; Oaims Center; Crawford & Company, Inc.; D & C Property
Investments, Inc.; Chrysler Insurance Co.; Rorida league of Cities (various
municipalities and governmental agencies within Broward, Dade, Palm Beach and
Monroe Counties); ROOda Power & Ught, Co.; Gallagher Bassett Services, Inc.;
Gunther Motor Company; ISAC; John.s Eastern; Lago Mar Properties, Inc.; MCI
Communications; McCreary Corp.; Nations Bank, NA (South); North Broward
Hospital District; Humana; School Board of Broward County, ROOda; SiCa, Ind;
SunTrust Bank, South Rorida, NA; United National Bank; U.S. AJr, Inc.; VWliams
Service Group, Inc.
Ronald P. Anselmo, (Member) (Retired). Rated AV
Scott R. Anselmo, (Member) (Retired). Rated AV
Michael T. Burke, (Member) born Detroit, Michigan, February 23, 1956; admitted to
bar. 1982, Rorida; U.S. District Court, Southern District of Rorida indudng Trial Bar;
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u.s. Court of Appeals, Eleventh Circuit and U.S. Supreme Court. Education: Rorida
Atlantic University (B.B.A., 1978); Stetson University (J.D., cum laude, 1981). S1aff
Member, Stetson Law Review, 1980-1981. Author: "Defining The Contours of
Municipal Uability Under 42 USC '1983: Monell - City of Canton vs Harris," 18 Stetson
Law Review 511, 1989. .ember: Broward County and American Bar Associations:
The Florida Bar; Florida Municipal Attorneys Association. (Board Certified Civil Trial
Lawyer, Florida Bar Board of Legal Specialization and Education). Reported C....:
Faragher v. City of Boca Raton, 111 F.3d 1530 (11th Cir. 1997); Scianino v. Key West,
83 F.3d 364 (11th Cir. 1996); Key West Harbourv. Key West, 987 F.2d 723 (11th Cir.
1993); Jones v. Heyman, 888 F.2d 1328 (11th Cir. 1989). Practice Areas: Civil Trial
law; Municipal law; CivO Rights Utigation. Send an Email Rated AV
Burl F. George, (Member) (Retired). Rated AV
E. Bruce Johnson, (Member) born Leesburg, Florida, September 18, 1953; admitted
to bar, 1978, Florida; U.S. District Court, Southern District of Florida Including Trial
Bar; U.S. Courts of Appeals, Fifth and Eleventh Circuits; U.S. Supreme Court.
Education: University of Florida (B.A, with honors, 1975; J.D.. with honors, 1978).
.ember: Broward County and American Bar Associations; The Florida Bar; Florida
Governmental Attorneys Association; Defense Research Institute. (Board Certified
Civil Trial Lawyer, Florida Bar Board of Legal Specialization and Education). Practice
Areas: Civil Trial law; Municipal law; Personal Injury law; Civil Rights litigation.
Send an Email Rated AV
Robert E. Murdoch. (Member) born Los Angeles. California, August 14,1949;
admitted to bar, 1973, Florida. Education: Duke University (B.A, 1970); University of
Rorida (J.D., 1973). Member: Broward County and American Bar Associations; The
Rorida Bar. Practice Areas: Commercial law; Real Estate Acquisition; Development;
Rnancing. Send an Email Rated A V
Jeffrey L Hochman, (Member) born Cherry Hill, New Jersey, May 9. 1966; admitted
to bar, 1991, Aorida; 1993, U.S. District Court, Southern District of Florida. Education.
University of Edinburgh, Scotland; Tulane University (B.A, with honors, 1988);
University of Florida (J.D., with honors, 1991). Phi Beta Kappa; Omiaon Delta Kappa;
Justice Campbell Thronal National Moot Court Board. Member: Browanf County Bar
Association; The Florida Bar. Practice Areas: Commercial litigation; Civil Trial law;
Municipal Law. Send an Email Rated AV
Richard H. McDuff, (Member) born Miami, Rorida, May 29,1960; admitted to bar,
1987, Florida; U.S. District Court, Southern and Middle DistricIs of Florida and U.S.
Court of Appeals, Eleventh Circuit, U.S. Supreme Court. Education: University of
Miami (B.B.A, 1984); Florida State University (J.D., with honors, 1987). Member:
Broward County Bar Association; The Florida Bar. (Board Certified Civil Trial Lawyer,
Rorida Bar Board of Legal Specialization and Education). Reported Cases: Storck v.
City of Coral Springs, 354 F. 3d 1307 (11th Cir. 2003); Wascura v. City of South
Miami, 257 F.3d 1238 (11th Cir. 2(01); Davis v. Town of lake Park, 245 F. 3d 1232
(11th Cir. 2(01); CalvaI)' Chapel Church v. Broward County, 299 F. Supp. 2d 1295
(S.D. Fla 2(03); Fernandez v. City of Cooper City. 207 F. Supp. 2d 1371 (S.D. Fla.
2002); Lyes v. Riviera Beach, 169 F.3d 1322 (11th Cir. 1999); Wascura v. Carver, 169
F.3d 683 (11th Cir. 1999); Bledsoe v. Palm Beach Soil and Water Conservation
District, 133 F.3d 816 (11th Cir, 1998); Mandelstam v. City of South Miami. 685 So.2d
868 (Fla. 3d DCA 1996). Practice Areas: Employment Disaiminatlon; Personallnjul)';
Civil Rights. Send an Email Rated AV
Michael R. Piper, (Member) born Bangor, Maine, October 14, 1961; admitted to bar,
1987, Florida, U.S. District Court, Southern and Middle Districts of Florida including
Trial Bar; U.S. Court of Appeals, Eleventh Circuit; U.S. Supreme Court. Education:
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rage; .) Vi '"t
University of Rorida (BA, 1983; J.D., 1987). Member: Broward County and Federal
Bar Associations; The Ronda Bar. (Board Certified Civil Trial Lawyer, Rorida Bar
Board of Legal Specialization and Education). Reported Cases: BIen D. McCabe v.
C.E. Sharrett, Jr. And The City of Plantation, 12F.3d 1558 (11th Cir. 1994). Practice
Areas: Civil Rights Law; Civil Trial Law; Municipal Law. Send an Email Rated AV
Tamara M. Scrudders, (Member) born York, Pennsylvania, October 15,1965;
admitted to bar, 1990, Ronda; 1991, U.S. District Court, Southern District of Ronda;
1993. U.S. Court of Appeals, Seventh Circuit; 1997, U.S. Supreme Court Education:
University of North Carolina at Chapel Hill (BA, 1987); University of Ronda (J.D.,
1990). Member: Broward County Bar Association (Member. Appellate Law Section,
1999-); The Ronda Bar (Member, Appellate Practice and Advocacy Section, 1995-;
Government Lawyer Section). (Board Certified Appellate Practice Lawyer, Rorida Bar
Board of Legal Specialization and Education). Reported Cases: Broward County v.
G.B.V.lnternational, Ud., 787 So.2d 838 (Ra. 2001); Markham v. Broward County,
825 So.2d 472 (4th DCA 2002). Practice Areas: Appellate Practice; Civil Rights. Sen
an Email
Scott D. Alexander, (Member) born Chicago, Illinois, March 11, 1970; admitted to bar,
1995, Ronda and U.S. District Court, Southern District of Rorida. Education:
University of Ronda (B.S., 1992); Nova Southeastern University Law Center (J.D., with
honors. 1995). Member, Moot Court Board. StaffWtiter, Nova Southeastern Law
Review, 1991-1992. Member: Broward County Bar Association. Practice Areas: Civil
Rights Utigation; Municipal Law; Personal Injury Defense. Send an Email
David M. Schweiger, (Member) born Philadelphia, Pennsylvania, May 28. 1966;
admitted to bar, 1997, Ronda Education: Tempe University (B.BA, 1989); Nova
Southeastern University (J.D., 1997). Practice Areas: Workers Compensation
Defense.
Carolyn A. Egan, (Associate) born Springfield, Massachusetts, June 10. 1972;
admitted to bar, 1998, Ronda; 1999, U.S. District Court, Southern District of ROOda.
Education: Ronda state University (B.S., cum laude, 1994; J.D., cum laude, 1998).
Member. Journal of Land use and Environmental Law. Participant, Summer Program
in Law, Oxford University, Oxford, England. Member: Broward County Bar
Association; Rorida Association of Women Lawyers. Practice Areas: Civil Rights;
Employment Discrimination; Municipal Uability. Send an Email
Erin E. Gill, (Associate) born Oklahoma City, Oklahoma, July 21,1972; admitted to
bar, 1997, Aorida and U.S. District Court, Southern and Midde Districts of ROOda.
Education: Mount Holyoke College (BA, 1994); University of Miami (J.D., cum laude,
1997). Member: Amencan Bar Association; The Ronda Bar (Member, Labor and
Employment Section). Practice Areas: Labor and Employment Law; Municipal
Defense Law; Civil Rights Law. Send an Email
Carlos F. Martin, (Associate) born Miami, Ronda, December 11, 1973; admitted to
bar, 2002, Ohio; 2003, U.S. District Court, Southern District of Ohio; 2004, Ronda.
Education: University of Rochester (BA, 1997); University of Cincinnati College of
Law (J.D., with honors, 2002). Order of the Barnsters; Moot Court Board. Judges
Coor<inator, Rendigs National ProdJcts Uability Moot Court Competition, 2001-2002;
Executive Board, University of Cincinnati Moot Court, 2002-2002 Member: Cincinnati
Hispanic Chamber of Commerce; President, University of Cincinnati Hispanic Law
Students Association; Law Ambassador, 2000-2002. Member: Broward County, Ohio
state, Amencan, Cuban American and Hispanic National (Past Regional President,
Law Student Division, 2001-2002) Bar Associations; Black Lawyers Association
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rage"t vJ. "t
(Cincinnati Roundtable Communications Committee, 2002-2003). Send an Email
William E. Platow, (Associate) born Morristown, New Jersey, April 21, 1950; admitted
to bar, 1983, Ronda; 1985, U.S. District Court, Southern District of Ronda, indu<ing
Tnal Bar. Education: Hamilton College (A.B., with honors. 1973); Nova University
(J.D., 1983). Alpha Delta Phi. Guest lecturer: Nova law School, labor law, 1988-
1992; Dade Community College, Testifying Techniques and Surviving Cross
Examination. Member: Broward County Bar Association; The Rorida Bar. Practice
Areas: Workers' Compensation; Civil Righ1s litigation. Rated BV
Jeremy Alan Schinder, (Associate) born Hollywood. Rorida, May 21,1969; admitted
to bar, 1997, Rorida. Education: University of Rorida (B.S., 1993); Nova
Southeastern University (J.D., 1997). Practice Areas: Workers Compensation
Defense. Send an Email
Christopher L Smith, (Associate) born Fort lauderdale, Ronda, March 15,1970;
admitted to bar, 1995. Ronda. Education: Johnson C. Smith University (BA, 1992);
Rorida State University (J.D.. 1995). Phi Alpha Delta. Member, Moot Court. Member.
Planning and Zoning Board, City of Fort lauderdale, 1995. Member, Museum of
Discovery and Science. Member, Rorida House Representatives for District 93.
Member: The Ronda Bar. Practice Areas: Trial Practice; Real Estate; Government
Relations.
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