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Item S01 July 2005 Litigation Report To: Mayor Spehar & County Commissioners From: Bob Shillinger, Asst. County Attorney Date: July 18, 2005 Cc: Tom Willi, County Administrator Richard Collins, County Attorney Summary New cases filed against County 2 Airports 2 Case closed since last report 5 Community Services 3 CAY Trial level casesl 23 Engineering 2 CAY Post Judgment cases 4 Growth Managementiii 57 CAY Appeals 6 Miscellaneous IV 4 Potential cases to be filed 10 MCSO 7 Outside Counsel Casesii 40 Public Works 5 Total Cases pending 67 Risk Management 3 CASES FILED AGAINST THE COUNTY SINCE LAST MONTH'S REPORT Cutaia. Thomas v. Monroe County. MCSO. Pretrial Services. etc CAK 05-617 Circuit Court (16th) Judge: Jones Date Filed: 6/21/05 Complaint for unspecified damages. Mayor not served yet. MCSO Current Status: Awaiting service Next Activity: Once served, review to determine if going to refer to outside counselor handle in house. Time: .2 Costs: 0.00 Wells FarQo v. Ricky & Barbara Allen & Monroe County CA M 05-177 Circuit Court (16th) Judge: Payne Date Filed: 7/1/05 Mortgage foreclosure action, County has a $36,000 SHIP loan that is junior to the first mortgage. Mayor served 7/14/05. Housing Authority Current Status: Reviewing complaint & cross claim options. Next Activity: 8/3/5 file responsive pleading, review cross claim options. Time: 1.1 Costs: 0.00 CASES CLOSED SINCE LAST MONTH'S REPORT Decker. Harry v. Monroe County 3D05-305 Third DCA Judges: TBA Date Filed: 2/14/05 Appeal of circuit court appeal of OSTDS violation. Growth Management/Code Enforcement Status: Court denied Decker's Petition for Writ of Certiorari 5/17/05; Court disposed of matter without mandate 6/15/05. Next Activity: CLOSED. Time: 7.4 Costs: 15.00 Monroe County v. Mario Alfonso CA K 03-1458 Circuit Court (16th) Judge: Jones Date Filed: 12/8/03 Code enforcement foreclosure action authorized by the SOCC on 6/18/03. Fine fixed at $91,450.00. Growth Management/Code Enforcement Current Status: Settled for $15,920.55. Next Activity: CLOSED. Time: 26.0 hours Costs: $151.70 Monroe County v. Reinaldo DelQado & Lourdes Nunez CA P 05 TBA County Court (Civil) Judge: ptomey Date Filed: TBA Collection action authorized by SOCC on 6/16/04. Fine set at $6600.00. Growth Management/Code Enforcement Current Status: SOCC released lien on 6/15/05. Next Activity: Closed. Time: 2.6 Costs: 0.00 Monroe County v. RodriQuez. Federico et al CA K TBA Circuit Court (16th) Judge: TBA Date filed: TBA Code lien collection action authorized by SOCC on 10/17/04. PJM Growth Management/Code Enforcement Current Status: Settled for $7,500. Next Activity: Closed. Time: 1.5 Costs: 0.00 2 PBP Marina, Inc. v. Monroe Countv 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/Planning Current Status: Dismissed by Plaintiff 6/19/05. Next Activity: Closed. Time: 29.5 Costs: none to date L1TIGA TION - Trial level See Outside Counsel Section for Cases being Handled Jointly Clav, Robert leefi John & Li ChiunQ Movant v. Monroe Countv CA M 04-05 Circuit Court 16t Judge: Jones Date Filed:01/05/04 Mandamus Petition/takings case regarding Big Pine properties. Mayor served 1/8/04. Growth Management/Planning. Status: Court approved settlement agreement. Next Activity: Awaiting dismissal by Petitioners. Time: 7.5 Costs: None Collins, C & Sum Air Services v. Monroe Countv et al CA M 05-146 Circuit Court 16th Judge: Payne Date Filed: 6/1/05 Declaratory Judgment action regarding lease with FBO at Marathon Airport. Airports Filed but not served. Status: Awaiting service of complaint. Next Activity: Once served, determine if outside counsel should be retained. Time: 0.2 Costs: 0.00 3 DrewinQ. 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 Current Status: Drewing appealed Circuit's denial of writ to Third DCA. Next Activity: Stayed pending appeal. Time: 19.5 Costs: 0.00 Fed. Nat'l MortQ. Assoc. v. M. Coleman. Monroe County. et al. CA K 05-171 16th Circuit Judge: Jones Date Filed: 2/18/05 Mortgage foreclosure case where County holds an inferior interest to bank due to $1928 in Article V liens. Current Status: Bank's motion for summary judgment granted 4/25/05. County's answer filed @ 3/21/05. County's lien preserved. Next Activity: 7/20/5, hearing on objection to foreclosure sale & motion to rescind certificate of sale. Time: 2.5 Costs: 0.00 Monroe County v. Dirk Damrau CA K 05-667 Circuit Court (16th) Judge: Miller Date Filed: 7/11/05 Action to collect $206,100.00 fine authorized by the BaCC 6/18/03. Growth Management/Code Enforcement Current Status: Complaint filed July 11, 2005. Next Activity: Serve Defendant. Time: 3.4 hour Costs: $555.00 Monroe County v. Florida Detroit Diesel SC K 05 -60 County Court (Sm. Claims) Judge: Fowler Date Filed: 3/14/05 Action seeking reimbursement for $4,905.00 in clean up costs associated with improperly installed machinery. PJM Public Works/Fleet Management/Risk Management Current Status: Tentative settlement reached. Next Activity: Trial 7/18/05 if settlement not finalized. Time: 6.5 Costs: $275.00 4 Monroe County v. Mark FraleiQh CAP 03-647 Circuit Court (16th) Judge: Garcia Date Filed: 12/8/3 Ejectment action against owner of structures located on County right-of-way. Public Works/Roads and Bridges. Current Status: Discovery ongoing. Next Activity: Mediation scheduled for 8/3/5 @ 10:30 am. Time: 21.0 Costs: NONE Monroe County v. Marshall Golnick CC K 05-86 County Court Judge: Fowler Date Filed: 3/21/05 Collection action authorized by BOCC on 6/16/04. Fine set at $11,300.00. Growth Management/Code Enforcement Current Status: Settled for $8000.00 in 3 monthly payments. First and second payments received on time. Next Activity: DF to make 1 more payment on 7/31/05. Time: 10.0 Costs: $575.00 Monroe County v. Jack HaQopian, CA P 03-529 Circuit Court (16th) 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. Growth Management/Code Enforcement Current Status: 3d Party DF motion to dismiss denied. Next Activity: Hearing on discovery motion 7/14/05. Time: 14.7 Costs: $20.00. Monroe County v. Dorothy HouQh, et al. CA P 05-160 Circuit Court (16th) Judge: Garcia Date Filed: 4/6/05 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. Growth Management/Code Enforcement Current Status: Two DFs served answer on 6/1/05; Discovery pending. Next Activity: Motion to compel Discovery hearing, TBA. Time: 7.1 Costs: $620.00 5 Monroe County v. James JeanQuenat CA P 05 ----------- Circuit Court (16th) Judge: Garcia Date Filed: 7/14/05 Collection action authorized by BaCC on 4/21/04. Fine exceeds 136,100.00. Growth Management/Code Enforcement Current Status: Complaint filed. Next Activity: Serve owner. Time: 1.4 Costs: $275.00 Monroe County v. Key LarQo Ocean Resorts CooP. Inc. CA P 96-260 Circuit Court (16th) Judge Garcia Date Filed: 5/20/96 Action to foreclose a code enforcement lien. Growth Management/Code Enforcement Current Status: Development agreement application being reviewed. Next Activity: Status report due with the Court 10/1/05. Time: 36.6 hours Costs: $340.00 Monroe County v. Pedro Liz CA K 05 420 Circuit Court (16th) Judge: Jones Date Filed: 4/22/2005 Collection action authorized by BaCC on 7/17/03; fines exceed $816,300.00. Growth Management/Code Enforcement Current Status: Motion for default pending. Next Activity: Move for final judgment after default. Time: 7.6 Costs: $555.00 Nunziante. Maril*n v. Monroe County CA K 04-1227 Circuit Court 16t Judge: Jones Date Filed: 11/18/04 Suit over admission practices at Bayshore Manor seeking to invalidate practice of requiring family members to subsidize those who can't afford the full rate. Community Services/Social Services Status: Answer filed, discovery. Next Activity: Discovery. Time: 59.0 Costs: 0.00 6 Teal. Kimberly & Keith v. Michael AnQel. Monroe County. et al CA M 04 404 Circuit Court (16th) Judge: Payne Date Filed: 12/16/04 Declaratory judgment action by property owners seeking half of a road purportedly abandoned by County and then quitclaimed to City of Marathon. Public Works/Roads and Bridges Status: Discovery. Settlement negotiations ongoing. Next Activity: County's motion to dismiss TBA pending negotiations. Time: 9.4 Costs: $133.00 Tuttle. David. Peter Rosasco & Harley Evans v. Monroe County CAM 04-243 Circuit Court 16th Judge: Payne Date Filed: 6/30/04 Action for damages and to compel County to issue building permits. Growth Management/Planning Status: Settled; 3 of 4 releases issued. Next Activity: Dismissal if DCA doesn't object to permits. Time: 3.1 Costs: 0.00 WalQreens & Gadinsky v. Monroe County CA K 05-266 16th Circuit Judge: Taylor Date Filed: 3/11/05 Petition for certiorari review of DOAH administrative order upholding 1 of 6 findings supporting denial of major conditional use application for redevelopment of Big Pine Scotty's into Walgreens. Growth Management/Planning Current Status: Motion to Quash summons pending. Next Activity: Hearing set 8/1/05. Time: 8.8 Costs: 0.00 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 Chapter 11 reorganization case where County might have a claim against the estate. Current Status: Reviewing pleadings and investigating County's claim. Next Activity: Proof of claim deadline 8/1/5. Time: 0.9 Costs: 0.00 7 POST JUDGMENT CASES Monroe County v. William L. Davis CA P 04-181 Circuit Court (16th) Judge: Garcia Date Filed: 4/15/04 Action to collect $27,600.00 code enforcement fine from former owner of property who fraudulently sold property to innocent owner. OF in Federal prison. Growth Management/Code Enforcement Current Status: Final Judgment of $28,431.00 recorded with State. Next Activity: Collection. Time: 6.2 hour Costs: $56.00 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 sacc in April of 2003. Growth Management/Code Enforcement Current Status: Final judgment registered wI Oept. of State. Next Activity: Collection. Time: 9.5 hours Costs: $65.92 Monroe County v. Lily Marks CA K 03-1152 Circuit Court (16th) Judge: Jones Date Filed: 10/2/3 Collection action of 2 code enforcement liens. Final Judgment $795,270.00. Growth Management/Code Enforcement Current Status: Final judgment entered for $795,270.005/9/05. Next Activity: Collection. Time: 8.3 Costs: $55.00 8 APPEALS Decker. Harry v. Monroe County CA K 01-1252 Circuit Court 16th Judge Payne Date Filed: 10/5/01 This is an appeal of a code enforcement aSTDS case. Growth Management/Code Enforcement Current Status: Decision affirmed by Third DCA on 5/17/05. Next Activity: Motion to issue mandate pending. Time: 19.8 hours Costs: none DrewinQ. Janice v. Monroe County 3D 04-3044 Third DCA Judges:TBA Date Filed: 11/29/04 Appeal of denial of writ of mandamus in personnel matter. Community Services/Social Services Current Status: Awaiting decision by Court. Next Activity: Awaiting decision by Court. Time: 31.4 Costs: 15.00 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 Status: Appeal stayed pending application for variance and building permit. Next Activity: Pretrial conference scheduled for 8/19/05. Time: 3.1 hours Costs: none Fuchs. WalburQa v. Monroe County CA K 01-1251 Circuit Court (16th) Judge Miller Date Filed: 10/5/01 This is a code enforcement appeal of an aSTDS case. Growth Management/Code Enforcement Current Status: The County's brief filed. Next Activity: Await Court's decision. Time: 11.5 hours Costs: none 9 Monroe County v. Lanes. GeorQe & Denise CA M 04-310 Circuit Court (16th) Judge: Jones Date Filed: 9/15/04 Appeal of decision regarding elevation requirements for replacement structure. Growth Management/Code Enforcement Current Status: Oral argument and briefs completed. Next Activity: Awaiting decision by the Court. Time: 10.0 hours Costs: none Thomas. David v. Monroe County CA K 05-499 Circuit Court 16th Judge: Garcia Date Filed: 5/16/05 Appeal of Contractor's Examining Board decision. Growth ManagementlBuildinglContractor's Examining Board Status: Awaiting service of initial brief. Next Activity: File Answer brief once served. Time: 1.1 Costs: 0.00 POTENTIAL CASES THAT HAVE NOT BEEN FILED YET Good. Lloyd v. Monroe County CA K 05 ----- Circuit Court (16th) Judge: Date Filed: Bert J. Harris Act claim regarding two parcels of property owned by Lloyd Good. Growth Management/Planning Current Status: Settlement discussions underway. Next Activity: None. Stayed during Good's application for major conditional use. Time: 8.6 hours Costs: $5.56 10 Harum. James v. Monroe County. DOH. & Z. Krstic CA P 05 TBA Circuit Court (16th) Judge: Date Filed: Threatened action for injunctive relief to compel County to prosecute code enforcement violation against Zivadin Kristic by his neighbor James Harum. Growth Management/Code Enforcement Current Status: Underlying code case held 5/26/05, mitigation plan in effect. Next Activity: Move to dismiss and for sanctions if filed since wlo merit. Time: 2.4 Costs: $0.00 Monroe County v. Matthew Bonnett CA K 05 TBA Circuit Court (16th) Judge:TBA Date Filed: TBA Code enforcement lien collection action authorized 10/17/04. PJM As of 5/115, $150/day fine exceeded $78,000.00. Growth Management/Code Enforcement Current Status: Demand letter prepared. Next Activity: Serve demand letter. Time: .5 Costs: 0.00 Monroe County v. Jean M. Louis & Itnor Corp. CA K 05 TBA Circuit Court (16th) Judge:TBA Date Filed: TBA Code fine collection action authorized by BOCC on 10/17/04. $34,200.00. Growth Management/Code Enforcement Current Status: Owners not complying with settlement agreement approved by BOCC on 4/20105. Next Activity: File foreclosure action if not resolved. Time: 1.5 Costs: 0.00 Monroe County v. Arthur Mehr (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: TBA Code fine collection action. Fine exceeds $42,000.00. Growth Management/Code Enforcement Current Status: Title search complete. Next Activity: File suit. Time: 2.1 hour Costs: $150.00 11 Monroe County v. Blair & Althea Mooney CA K TBA Circuit Court (16th) Judge: TBA Date Filed: TBA Code lien collection action authorized by BOCC on 10/17/04. $146,100.00. Growth Management/Code Enforcement Current Status: Negotiating with owners' counsel. Next Activity: Presentation of settlement offer at June BOCC meeting. Time: .5 Costs: 0.00 Monroe County v. Outland Properties CA P 05 TBA Circuit Court (16th) Judge: Garcia Date Filed: TBA Collection action authorized by BOCC on 10/17/04. Fine over $225,000.00 Growth Management/Code Enforcement Current Status: Demand letter drafted. Next Activity: Serve demand letter. Time: .5 hour Costs: 0.00 Monroe County v. Safe Harbor Marine Railway Corp. CA K 05 (TBA) Circuit Court (16th) Judge: (none yet) Date Filed: Code enforcement foreclosure action that was authorized by the BOCC 6/18/03. As of 1/114, lien totaled $106,700.00. Growth Management/Code Enforcement Current Status: Title search complete. Next Activity: Draft complaint. Time: 1.5 hour Costs: $300.00 12 State of Florida v. Monroe County TBA TBA Judge: TBA Date Filed: nla Threatened action by AG's Medicaid Fraud unit regarding alleged over billings for ambulance services for advanced life support services vis a vis basic life support services. Public SafetylFire Rescue Current Status: After not hearing from state for over a year, AG is proposing negotiated agreement on how to bill future services in exchange for a dismissal of all prior disputed billings. Next Activity: Settlement conference with State. Time: 9.2 Costs: 0.00 CASES BEING LITIGATED BY OUTSIDE COUNSEL (other than Morgan & Hendrick) Ferencik, Libanoff, Brandt, Bustamante and Williams, P.A. Monroe County v. Bender & Associates. et al CA K 03 915 Circuit 16th Judge: Jones Date Filed: 8/4/03 Breach of contract and negligent misrepresentation action arising from the defective windows in the Gato building. EngineeringlConstruction Management Status: Discovery ongoing. Next Activity: Ruling on motion to dismiss heard 6/29/05. Fees billed to date: $55,121.00 Costs: $6,246.83 Monroe County v. LodQe Construction. et al. CA K 00-617 Circuit 16th Judge: Payne Date Filed: 5/11/2000 Suit filed against general contractor Lodge Construction & its surety for breach of contract to build Gato Building. EngineeringlConstruction Management Status: Reserved on appeal November 24,2004. New trial granted. Mandate issued 2/16/05. Next Activity: Set for trial. Fees billed to date: $298,015.25 Costs: $71,523.31 13 Bob Freilich & Tyson Smith Collins. Thomas et al v. Monroe County CA M 04-379 Circuit Court 16th Judge: Payne Date Filed: 11/22/04 Takings action brought by 11 groups of plaintiffs. Growth Management/Planning Status: Discovery. Next Activity: Motion for summary judgment 8130105. Fees billed to date: $280,057.42 CAY Time: 77.9 Costs: ------ Johnson, Anselmo Murdoch Burke & George BaukniQht. Ska~~s & Rockett v. Monroe County CA P 04-451 Circuit Court 16 Judge: Garcia Date Filed: 9/24/04 Inverse condemnationltakings 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 Status: Federal Court remanded to state court. Next Activity: Action on hold pending appeal in 11 th Circuit. Fees billed to date: $832.24 Costs: 0.00 BaukniQht. SkaQQs & Rockett v. Monroe County 04 CV 10105 U.S. D.C. S.Fla. Judge: Moore Date Filed: 11/1/04 Inverse condemnationltakings 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 Status: Federal Court remanded to state court. Attorney's fee motion appealed to 11th Circuit Next Activity: None. Fees billed to date: none Costs: 0.00 14 BaukniQht. et al. v. Monroe County 05-10868-F 11th Cir. Ct. of Appeals Judges: TBA Date Filed: 2/11/05 Appeal of denial of attorney's fees motion filed against the County by takings case plaintiffs. County had removed the case to Federal Court; plaintiffs sought remand and attorneys fees. Case was remanded to state court but fees denied. Plaintiffs are seeking between $15,000 and $18,000 in fees. Growth Management/Planning Status: Briefs completed. Next Activity: Oral Argument granted week of 12/5/05, date TBA. Fees billed to date: None. Florida Keys 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; CAY serving as co-counsel. Growth Management/Planning Status: Final Order in County's favor issued 6/29105. Next Activity: Final approval of rule by Administration Commission. Fees billed to date: $59,464.92 CAY Time: 190.1 Hardee. Evelyn v. Monroe County CA P 05-255 Circuit Court 16th Judge: Garcia Date Filed: 6/3/05 Negligence action arising from alleged fall resulting in personal injury at PK Court house. Mayor served 6/10105. See also Johnson, Anselmo cases. Risk ManagementlPublic Works Status: Answer filed 6/24/05. Next Activity: Discovery. Fees billed to date: $660.20 CAY Time: 1.9 Costs: 0.00 15 Neuman. Kenneth v. Monroe County CA K 04-663 Circuit Court 16th Judge: Jones Date Filed: 6/21/04 Action for damages and to compel County to issue building permits. Growth Management/Planning CAY co-counsel. Status: Discovery. Next Activity: Discovery. Fees billed to date: $2,326.92 CAY Time: 5.8 Costs: 0.00 Riverview Consultants. Inc. v. Monroe County CA K 05-373 Circuit Court 16th Judge: Jones Date Filed: 4/13/2005 Tortious interference with contract case. League of City's carrier counsel. Risk ManagementlAirport/MCSO Status: Plaintiff gave mandatory 6 month notice of claim on April 8, 2005. Next Activity: File responsive pleading once served. Fees billed to date: $743.86. CAY Time: 3.5 Costs: 0.00 Purdy, Jolly & Giuffreda, P.A. Evans. Brian v. Monroe County 04-CIV-10033-JLK U.S.Dist.,S.D.Fla. (Miami) Judge: King Date Filed: 5/6/04 Civil action against the County, and others, arising from actions of Sheriff's office in publicizing the rescission of a warrant it had obtained for his arrest. MCSO Current Status: Court awarded County & Sheriff $4579.00 in attorney's fees against Evans for filing frivolous suit & denied Evan's motion to stay enforcement of judgment pending appeal. Next Activity: Collection. Fees billed to date: none CAY Time: 9.5 Costs: 0.00 16 Evans. Brian v. Monroe County. et al. CIV S 04-1042 LRH U.S. D.C. Nevada Judge: Jones Date Filed: 7/28/04 Same allegations as prior case which were brought in Nevada. MCSO Current Status: Evans has appealed dism issal by Court. Next Activity: None while case is on appeal. Fees billed to date: none Costs: 0.00 Evans. Brian v. KW Citizen. Monroe County. et al CV S 04-1742-KJD-LRL u.S. D.C. Nevada Judge: Dawson Date Filed: 1/6/2005 Defamation suit over alleged misstatements by Mark Willis in the Citizen. MCSO Status: Evans dismissed case on 2/11/05. Evans states he will refile. Next Activity: Await service. Fees billed to date: none Costs: 0.00 Evans. Brian v. MCSO. Monroe County. et al. 04-17429 9th Circuit Court of Appeals Judges: TBA Date Filed: 12/09/2004 Appeal of Nevada Court's dismissal of suit in CIV S 04-1042 LRH. MCSO Status: Briefs completed. Next Activity: Await decision by Court. Fees billed to date: none Costs: 0.00 Evans. Brian v. MCSO. Monroe County. et al. 05-10077 -B 11th Circuit Court of Appeals Judges: TBA Date Filed: 1/5/2005 Appeal of award of attorney's fees against Evans for filing a frivolous lawsuit. MCSO Status: Briefs completed. Next Activity: Await decision by Court. Fees billed to date: none Costs: 0.00 17 The Smith Law Firm Monroe County v. Post Buckley. Schuh. and JerniQan CA K 95-402 Circuit Court (16th) Judge: Payne Date Filed: 3/30/95 Malpractice claim against the County's former engineering firm for miscalculation of bonds necessary to finance improvements to Card Sound Road. Public WorkslRoads and Bridges Current Status: Defense verdict 6/14105. Next Activity: Finalize attorney's fees. Fees billed to date: $630,311.78. Vernis & Bowling of the Florida Keys, P.A. GAP Properties of SW Florida-I. Inc. v. Monroe County CA K 04-1321 Circuit Court (16th) Judge: Payne Date Filed: 12/10/2004 Certiorari review of administrative action involving dock failure to obtain plat approval due to subdividing and an improper change of use without a major or minor conditional use permit. Growth Management/Planning Status: 7112105, Court affirmed Planning Comm.'s decision, denied petition. Next Activity: Resolve County's motions for attorney's fees & to strike. Fees billed to date: $26,875.00 Costs: $306.43 Key Tex S. D. Condo Assoc. v. Monroe County & T. McGarry CA K 04-224 Circuit Court (16th) Judge: Jones Date Filed: 3/2/04 Action to prevent County from denying permits because of ownership conversion to condominiums and compel County to accept permit applications that have been rejected MCC 9.5-49. Growth Management/Planning Status: Dismissed by agreement wI leave to refile. Next Activity: Petitioners have until 8/5/5 to refile. Fees billed to date: $32,290.50 Costs: $2,540.84. 18 Monroe County v. Mary Boza. CA K 03-1508 Circuit Court (16th) Judge: Jones Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the BOCC on 4/18103. Growth Management/Code Enforcement Current Status: Board agreed to settle for $7,300.00 on 6/15/05. Next Activity: Finalize terms of settlement. Fees billed to date: $7,300.00. CAY Time: 2.0 Monroe County v. Alain Y. Depierrefeu. CA K 03-1504 Circuit Court (16th) Judge: Jones Date Filed: 12/18/2003 Code enforcement foreclosure action authorized by the BOCC on 4/18103. Growth Management/Code Enforcement Current Status: Final default judgment entered on 6/21/05 for $144,505.03. Next Activity: 7/20105 -- BOCC to approve foreclosure. Fees billed to date: none. Monroe County v. Alain Y. Depierrefeu. CA K 03-1507 Circuit Court (16th) Judge: Jones Date Filed: 12/18/2003 Code enforcement foreclosure action authorized by the BOCC on 4/18103. Growth Management/Code Enforcement Current Status: Final default judgment entered on 6/21/05 for $616,555.03. Next Activity: 7/20105, BOCC to approve foreclosure. Fees billed to date: none. Monroe County v. Mary Ellen Lloyd. CA M 03-362 Circuit Court (16th) Judge: Jones Date Filed: 12/19/03 Code enforcement foreclosure action authorized by the BOCC 4/18103. The total amount of the lien owed to the County is $143,500.00. Growth Management/Code Enforcement Current Status: Compliance achieved 8/31/2004. Next Activity: Settlement offer to be presented at August BOCC meeting. Fees billed to date: None. 19 Monroe County v. James Messera. et al CA K 03-1509 Circuit Court (16th) Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the BOCC 4/18103. Growth Management/Code Enforcement Current Status: Owners working on compliance. Next Activity: Settlement discussions ongoing. Fees billed to date: none. Monroe County v. Joe Posada. III CA K 03-1503 Circuit Court (16th) Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the BOCC 4/18103. Growth Management/Code Enforcement Current Status: Settlement unproductive. Next Activity: Proceed with foreclosure. Fees billed to date: none. Monroe County v. VirQinia Sawyer & Tony Welters CA K 03-1505 Circuit Court (16th) Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action that was authorized by the BOCC 7/15103. Growth Management/Code Enforcement Current Status: DFs served. Next Activity: DF have until 7/29/05 to file response. Fees billed to date: none. Monroe County v. VirQinia Sawyer CA K 03-1506 Circuit Court (16th) Judge: Payne Date Filed: 12/18/03 Code enforcement foreclosure action that was authorized by the BOCC 7/15/03.. Growth Management/Code Enforcement Current Status: DFs served. Next Activity: DFs have until 7/29/05 to file response. Fees billed to date: none. 20 Monroe County v. Louis Welters CA K 04-639 Circuit Court (16th) Judge: Jones Date Filed: 6/14/2004 Code enforcement foreclosure action that was authorized by the BOCC 7/15/03. Growth Management/Code Enforcement Current Status: DF served by publication. Next Activity: OF has until 7/29/05 to file response. Fees billed to date: None. 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 Status: Pleadings complete. Next Activity: Oral argument set for 9/12/05 @ 8:45 a.m. Fees billed to date: $14,039.50 Costs: $261 .49 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 Status: PL filed belated amended petition, motion to dismiss denied. Next Activity: County's response due 7/27/05. Fees billed to date: $3,920.50 Costs: $146.93 i Includes cases listed under outside counsel if County Attorney's office has entered appearance as co-counsel. II Includes cases listed under Growth Management Litigation Report. III Includes cases listed under Growth Management Litigation Report. IV Article V issue, bankruptcy claim, Housing Authority, and Fire Rescue. 21