Item O01
August 2005 Litigation Report
To: Mayor Spehar & County Commissioners
From: Bob Shillinger, Asst. County Attorney
Date: August 15, 2005
cc: Tom Willi, County Administrator
Richard Collins, County Attorney
Summary
New cases filed against County 1
Cases closed since last report 1
CAY Trial level casesi 30
CAY Post Judgment cases 4
CAY Appeals 6
Potential cases to be filed 7
Outside Counsel Casesii 40
Total Cases pending 68
Airports
Community Services
Engineering
Growth Managementiii
Miscellaneous iv
MCSO
Public Works
Risk Management
2
3
2
57
4
7
5
3
CASES FILED AGAINST THE COUNTY SINCE LAST MONTH'S REPORT
FKCC & Last Stand v. FL Admin. Comm.. Monroe County. et al 3D05-1800
Third DCA Judges: TBA Date Filed: 7/28/05
Appeal of ALJ's decision denying rule challenge.
Current Status: Record being prepared. Will be coordinating with outside
counsel Johnson, Anselmo on County's brief.
Next Activity:
Appellant's brief due 10/6/05.
Time: 0.2 hours
Costs: 0.00
CASES CLOSED SINCE LAST MONTH'S REPORT
Monroe County v. Marshall Golnick
Circuit Court 16th Judge: Fowler
Collection action authorized by BOCC on 6/16/04.
Growth Management/Code Enforcement
CCK-05-86
Date Filed: 3/21/05
Fine set at $11,300.00.
Current Status: Final payment made 7/31/05. Notice of voluntary dismissal
filed 8/4105. SatisfactionlRelease of Lien filed 8/9/05.
Next Activity:
Closed.
Time: 11.3 hours
Costs: $575.00
LITIGATION - Trial level
See Outside Counsel Section for Cases being Handled Jointly
Clay, Robert lee~ John & Li ChiunQ Moyant v. Monroe County CAM-04-05
Circuit Court 16t Judge: Jones Date Filed: 01/05/04
Mandamus Petitionltakings case regarding Big Pine properties. Mayor served
1/8/04. Growth Management/Planning.
Current Status:
Court approved settlement agreement.
Next Activity:
Awaiting dismissal by Petitioners.
Time: 7.5 hours
Costs: 0.00
Collins, C. & Sum Air Services v. Monroe County, et al CAM-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.
Current Status:
Awaiting service of complaint.
Next Activity: Once served, determine if outside counsel should be retained.
Time: 0.2 hours
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. MCSO
Current Status:
Awaiting service.
Next Activity: Once served, determine if outside counsel should be retained.
Time: 0.2 hours
Costs: 0.00
DrewinQ, Janice v. James Roberts as County Administrator CAK-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 Services/Social Services
Current Status:
Drewing appealed Circuit's denial of writ to Third DCA.
Next Activity:
Stayed pending appeal.
Time: 19.5 hours
Costs: 0.00
2
Fed. Nat'l MortQ. Assn. v. M. Coleman, Monroe County, et al CAK-05-171
Circuit Court 16th Judge: Jones Date Filed: 2/18/05
Mortgage foreclosure case where County holds an inferior interest to bank due to
$1,928.00 in Article V liens.
Current Status: Defendant's motion objecting to foreclosure sale, motion to
rescind certificate of sale, and motion to vacate final order scheduled for 7/20105
continued due to lack of time to hear matter.
Next Activity: 10/19/05, hearing on objection to foreclosure sale, motion to
rescind certificate of sale and motion to vacate final summary judgment.
Time: 2.8 hours
Costs: 0.00
Monroe County v. R. Bernstein/Safe Harbor Marine Railway CAK-05-732
Circuit Court 16th Judge: Miller Date Filed: 7/26/05
Code enforcement foreclosure action that was authorized by the sacc 6/18/03.
As of 7/25/05, lien totaled $221,800.00.
Growth Management/Code Enforcement
Current Status:
Suit filed.
Next Activity:
Serve Defendant.
Time: 5.0 hours
Costs: $576.00
Monroe County v. Dirk W. Damrau CAK-05-667
Circuit Court 16th Judge: Miller Date Filed: 7/11/05
Action to collect $206,100.00 fine authorized by the sacc 6/18/03.
Growth Management/Code Enforcement
Current Status:
Complaint filed.
Next Activity:
Serve Defendant.
Time: 3.4 hours
Costs: $555.00
3
Monroe County v. Florida Detroit Diesel SCK-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:
Settlement reached.
Next Activity:
Finalize settlement agreement.
Time: 6.5 hours
Costs: $275.00
Monroe County v. Mark FraleiQh CAP-03-647
Circuit Court 16th Judge: Garcia Date Filed: 12/8/03
Ejectment action against owner of structures located on County right-of-way.
Public Works/Roads and Bridges.
Current Status: Tentative settlement reached.
Next Activity: sacc to consider settlement agreement 8/17/05;
Pretrial Conference 8/19/05.
Time: 30.5 hours
Costs: $238.40
Monroe County v. Jack HaQopian CAP-03-529
Circuit Court 16th Judge: Garcia Date Filed: 10/1/03
Code enforcement collection action authorized by sacc on 8/20103. Fine was
$203,100.00 as of 9/30103 and accruing at $250.00 per day.
Growth Management/Code Enforcement
Current Status:
Discovery.
Next Activity:
Deposition to be set.
Time: 14.9 hours
Costs: $20.00
4
Monroe County v. Dorothy HouQh. et al CAP-05-160
Circuit Court 16th Judge: Garcia Date Filed: 4/6/05
Code enforcement collection action authorized by sacc 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: Settlement offer to be presented at September sacc meeting.
Time: 7.9 hours
Costs: $620.00
Monroe County v. James Jeanquenat
Circuit Court 16th Judge: Garcia
Collection action authorized by sacc on 4/21/04.
Growth Management/Code Enforcement
CAP-05317
Date Filed: 7/18/05
Fine exceeds 136,100.00.
Current Status:
Defendant served 8/4/05.
Next Activity:
Defendant's answer due 8/25/05.
Time: 1.5 hours
Costs: $275.00
Monroe County v. Key LarQo 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: 5/20/96
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 CAK-05-420
Circuit Court 16th Judge: Jones Date Filed: 4/22/05
Collection action authorized by sacc on 7/17/03; fines exceed $816,300.00.
Growth Management/Code Enforcement
Current Status:
Default issued 7/14/05.
Next Activity:
Move for final judgment.
Time: 7.6 hours
Costs: $555.00
5
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
Current Status:
Complaint filed.
Next Activity:
Serve defendant.
Time: 3.2 hours
Costs: $405.00
Nunziante. Maril*n v. Monroe County CAK-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
Current Status:
Discovery ongoing.
Next Activity:
Documents due on 8/18/05.
Time: 60.8 hours
Costs: 0.00
Teal. Kimberly & Keith v. Michael AnQel. Monroe County. et al CAM-04-404
Circuit Court 16th Judge: Payne Date Filed: 12/16/04
Declaratory judgment action by property owners seeking half of a road PJM
purportedly abandoned by County and then quitclaimed to City of Marathon.
Public Works/Roads and Bridges
Current Status:
Discovery. Settlement negotiations ongoing.
Next Activity:
County's motion to dismiss TBA pending negotiations.
Time: 9.4 hours
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
Current Status:
Settled; 3 of 4 releases issued.
Next Activity:
Dismissal if DCA doesn't object to permits.
Time: 3.1 hours
Costs: 0.00
6
Wah::Jreens & Gadinsky v. Monroe County CAK-05-266
Circuit Court 16th 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 granted.
Next Activity:
None while awaiting Court's preliminary review of petition.
Time: 10.2 hours
Costs: 0.00
Wells FarQo v. Ricky & Barbara Allen & Monroe County CAM-05-177
Circuit Court 16th Judge: Payne Date Filed: 7/1/05
Mortgage foreclosure action, County has a $36,000.00 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:
8/30105 file responsive pleading, review cross claim options.
Time: 3.3 hours
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:
Could find no basis for filing proof of claim.
Next Activity:
None needed.
Time: 0.9 hours
Costs: 0.00
7
POST JUDGMENT CASES
Monroe County v. William L. Davis CAP-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 wI Oept. 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
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 recorded wI Oept. of State.
Next Activity:
Collection.
Time: 9.5 hours
Costs: $65.92
Monroe County v. Lily Marks
Circuit Court 16th Judge: Jones
Collection action of 2 code enforcement liens.
Growth Management/Code Enforcement
CAK-03-1152
Date Filed: 10/2/03
Final Judgment $795,270.00.
Current Status:
Final judgment entered for $795,270.00 on 5/9/05.
Next Activity:
Collection.
Time: 8.3 hours
Costs: $55.00
8
APPEALS
Decker. Harry v. Monroe County
Circuit Court 16th Judge: Payne
This is an appeal of a code enforcement OSTDS case.
Growth Management/Code Enforcement
CAK-01-1252
Date Filed: 10/5/01
Current Status:
Decision affirmed by Third DCA on 5117/05.
Next Activity:
Hearing on Motion to issue mandate 8/15/05.
Time: 19.8 hours
Costs: 0.00
DrewinQ. Janice v. Monroe County
Third DCA Judge: TBA
Appeal of denial of writ of mandamus in personnel matter.
Community Services/Social Services
3D 04-3044
Date Filed: 11/29/04
Current Status:
Awaiting decision by Court.
Next Activity:
Awaiting decision by Court.
Time: 31.4 hours
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
Current Status:
Appeal stayed pending application for variance and building
perm it.
Next Activity:
Pretrial conference scheduled for 8/19/05.
Time: 3.3 hours
Costs: 0.00
Fuchs. WalburQa v. Monroe County
Circuit Court 16th Judge: Miller
This is a code enforcement appeal of an OSTDS case.
Growth Management/Code Enforcement
CAK-01-1251
Date Filed: 10/5/01
Current Status:
The County's brief filed.
Next Activity:
Await Court's decision.
Time: 11.5 hours
Costs: 0.00
9
Monroe County v. Lanes. Geon::Je & Denise CAM-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 PJM
Current Status:
County prevailed on appeal.
Next Activity:
When opinion final, remand to Special Magistrate.
Time: 10.1 hours
Costs: 0.00
Thomas. David R. v. Monroe County
Circuit Court 16th Judge: Garcia
Appeal of Contractor's Examining Board decision.
Growth Management/Building/Contractor's Examining Board
CAK-05-499
Date Filed: 5/16/05
Current Status:
Awaiting service of initial brief.
Next Activity:
Motion to dismiss to be heard 9/30105.
Time: 1.1 hours
Costs: 0.00
POTENTIAL CASES THAT HAVE NOT BEEN FILED YET
Good. Lloyd v. Monroe County CAK-05-TBA
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
Harum. James v. Monroe County. DOH. & Z. Krstic CAP-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 hours
Costs: 0.00
10
Monroe County v. Matthew Bonnett CAK-05-TBA
Circuit Court 16th Judge: TBA Date Filed:
Code enforcement lien collection action authorized 10/17/04. PJM
As of 5/1/5, $150.00/day fine exceeded $78,000.00.
Growth Management/Code Enforcement
Current Status:
Demand letter served to Defendant.
Next Activity:
Prepare Summons, Complaint, & Lis Pendens.
Time: .5 hours
Costs: 0.00
Monroe County v. Jean M. Louis & Itnor Corp. CAK-05-TBA
Circuit Court 16th Judge: TBA Date Filed:
Code fine collection action authorized by sacc on 10/17/04. $34,200.00.
Growth Management/Code Enforcement PJM
Current Status:
awners not complying with settlement agreement approved
by sacc on 4/20105.
Next Activity:
File foreclosure action if not resolved.
Time: 1.5 hours
Costs: 0.00
Monroe County v. Blair & Althea Mooney CAK-05-TBA
Circuit Court 16th Judge: TBA Date Filed:
Code lien collection action authorized by sacc on 10/17/04. $146,100.00.
Growth Management/Code Enforcement PJM
Current Status: 7/20105, sacc agreed to settle for 5% of fine $7,305.00.
Next Activity: Finalize settlement agreement & payment.
Time: .5 hours
Costs: 0.00
Monroe County v. Outland Properties CAP-05-TBA
Circuit Court 16th Judge: Garcia Date Filed:
Collection action authorized by sacc on 10/17/04. Fine over $225,000.00.
Growth Management/Code Enforcement PJM
Current Status:
Demand letter served to Defendant.
Next Activity:
Prepare Summons, Complaint, & Lis Pendens.
Time: .5 hours
Costs: 0.00
11
State of Florida v. Monroe County TBA
TBA Judge: TBA Date Filed: n/a
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 Safety/Fire 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 hours
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 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
Current Status:
Subs & Materialmen's Motions to dismiss denied 7/21/05.
Next Activity:
Discovery ongoing.
Fees billed to date: $55,121.00
Costs: $6,246.83
Monroe County v. LodQe Construction. et al CAK-00-617
Circuit Court 16th Judge: Payne Date Filed: 5/11/00
Suit filed against general contractor Lodge Construction & its surety for breach of
contract to build Gato Building.
Engineering/Construction Management
Current 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
12
Bob Freilich & Tyson Smith
Collins, Thomash 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
Current Status:
Discovery ongoing.
Next Activity:
Motion for summary judgment 8130105.
Fees billed to date: $280,057.42
CAY Time: 84.6 hours Costs: 0.00
Johnson, Anselmo Murdoch Burke & George
BaukniQht, Ska~s & Rockett v. Monroe County CAP-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
Current Status:
Discovery.
Next Activity:
Discovery.
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
Current Status:
Federal Court remanded to State Court. Attorney's fee
motion appealed to 11 th Circuit.
Next Activity:
None.
Fees billed to date: None
Costs: 0.00
13
BaukniQht, et al. v. Monroe County 05-10868-F
11th Cir. Ct. of Appeals Judge: 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
Current Status:
Briefs completed.
Next Activity:
Oral Argument granted week of 12/5/05, date TBA.
Fees billed to date: None.
Costs: 0.00
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
Current 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 hours
Costs: 0.00
Hardee, Evelyn v. Monroe County CAP-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 6/10/05. See a/so Johnson, Anselmo cases.
Risk Management/Public Works
Current Status: Answer filed 6/24/05.
Next Activity: Discovery.
Fees billed to date: $660.20
CAY Time: 1.9 hours
Costs: 0.00
14
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 CAY co-counsel.
Current Status:
Discovery.
Next Activity:
Discovery.
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
Tortious interference with contract case. League of City's carrier counsel.
Risk Management/Airport/MCSO PJM
Current Status:
Plaintiff served Summons and Complaint on 8/5/05.
Next Activity:
File responsive pleading 8/26/05.
Fees billed to date: $743.86
CAY Time: 4.0 hours
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 $4,579.00 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 hours
Costs: 0.00
15
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: 1/6/05
Defamation suit over alleged misstatements by Mark Willis in the Citizen. MCSO
Current Status: Evans dismissed case on 2/11/05; 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: 12/09/04
Appeal of Nevada Court's dismissal of suit in CIV S 04-1042 LRH. MCSO
Current 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 Judge: TBA Date Filed: 1/5/05
Appeal of award of attorney's fees against Evans for filing a frivolous lawsuit.
MCSO
Current Status: Briefs completed.
Next Activity: Await decision by Court.
Fees billed to date: None
Costs: 0.00
16
The Smith Law Firm
Monroe County v. Post Buckley. Schuh. and JerniQan CAK-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 Works/Roads and Bridges
Current Status:
Defense verdict 6/14/05. Apppealed.
Next Activity:
Finalize attorney's fees.
Fees billed to date: $630,311.78
Costs: 0.00
Vernis & Bowling of the Florida Keys, P.A.
GAP Properties of SW Florida-I. Inc. v. Monroe County CAK-04-1321
Circuit Court 16th Judge: Payne Date Filed: 12/10/04
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
Current 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 CAK-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
Current Status:
Dismissed by agreement wI leave to refile.
Next Activity:
Petitioners have until 8/25/5 to refile.
Fees billed to date: $32,290.50
Costs: $2,540.84
17
Monroe County v. Mary Boza CAK-03-1508
Circuit Court 16th Judge: Jones Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the BaCC 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: 4.7 hours
Costs: 0.00
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 BaCC on 4/18103.
Growth Management/Code Enforcement
Current Status: Final default judgment entered on 6/21/05 for $144,505.03.
Next Activity: Auction to be scheduled.
Fees billed to date: None
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 BaCC on 4/18103.
Growth Management/Code Enforcement
Current Status: Final default judgment entered on 6/21/05 for $616,555.03.
Next Activity: Auction to be scheduled.
Fees billed to date: None
CAY Time: 3.1 hours
Costs: 0.00
18
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 sacc 4/18103.
The total amount of the lien owed to the County is $143,500.00.
Growth Management/Code Enforcement
Current Status:
Compliance achieved 8/31/04.
Next Activity:
Settlement offer to be presented at September sacc
meeting.
Fees billed to date: None
CAY Time: 2.0 hours
Costs: 0.00
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 sacc 4/18103.
Growth Management/Code Enforcement
Current Status:
awners working on compliance.
Next Activity:
Settlement discussions ongoing.
Fees billed to date: None
Costs: 0.00
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 4/18103.
Growth Management/Code Enforcement
Current Status:
Settlement unproductive.
Next Activity:
Proceed with foreclosure.
Fees billed to date: None
Costs: 0.00
Monroe County v. VirQinia 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 7/15103.
Growth Management/Code Enforcement
Current Status:
DFs answered.
Next Activity:
Discovery.
Fees billed to date: None
Costs: 0.00
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Monroe County v. VirQinia Sawyer CAK-03-1506
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:
DF answered 7/29/05.
Next Activity:
Discovery.
Fees billed to date: None
Costs: 0.00
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 BOCC 7/15/03.
Growth Management/Code Enforcement
Current Status:
DF Answered.
Next Activity:
Discovery.
Fees billed to date: None
Costs: 0.00
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
Current 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
Current Status:
Briefs complete.
Next Activity:
Oral argument to be scheduled.
Fees billed to date: $3,920.50
Costs: $146.93
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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.
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