Item R1
October 2005 Litigation Report
To: Mayor Spehar & County Commissioners
From: Bob Shillinger, Asst. County Attorney
Date: October 17, 2005
cc: Tom Willi, County Administrator
Richard Collins, County Attorney
Summary
Number of Cases
New cases filed against County 1
Cases closed since last report 3
CAY Trial level casesi 33
CAY Post Judgment cases 4
CAY Appeals 5
Potential cases to be filed 6
Outside Counsel Cases 45
Total Cases pending 74
Airports
Community Services
Engineering
Growth Management
Miscellaneous ii
MCSO
Personnel
Public Works
Risk Management
New Cases
Closed Cases
CAY Litigation Cases Trial Level
CAY Post Judgment Cases
CAY Appeals
Potential Cases
Outside Counsel Cases
Ferencik, Libanoff (Ira Libanoff)
Johnson, Anselmo, (Bruce Johnson & Michael Burke)
Morgan & Hendrick (Derek Howard)
Paul, Hastings (Bob Freilich)
Purdy, Jolly (Mike Stephson)
The Smith Law Firm (Wayne Smith)
Vernis & Bowling (Dirk Smits, Kerry Willis & Scott Black)
White & Smith (Tyson Smith & Steve Moore)
2
3
5
53
3
7
4
6
5
Page 2
2
3
8
9
10
12
12
13
16
20
20
21
22
20
CASES FILED AGAINST THE COUNTY SINCE LAST MONTH'S REPORT
Kessler, Stuart v. Monroe County & Tom Willi CA K 05-1006
Circuit Court 16th Judge: Jones Date Filed: 10/11/2005
Complaint for injunctive relief and damages under Whistle-Blower Act, Civil
Rights Act, defamation and interference with business relationship.
Personnel/Risk Management
Current Status:
Mayor not served with suit yet. Willi served 10/13/05.
Next Activity: Dual representation consent by BaCC 10/19/05; Hearing on
petition for temporary reinstatement 10/31/05; Willi's response due 11/2/05.
Time: 4.2
Costs:
0.00
CASES CLOSED SINCE LAST MONTH'S REPORT
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. PJM
Public Works/Fleet Management/Risk Management
Current Status:
Dismissed.
Next Activity:
Close out file.
Time: 7.5 hours
Costs: $275.00
Monroe County v. Lanes, GeorQe & 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; mandate issued 7/28/05;
returned to Code Enforcement for further disposition.
Next Activity:
Close out file.
Time: 10.5 hours
Costs: 0.00
2
Troy. Daniel Scott v. Monroe County CAK 05-856
Circuit Court 16th Judge: Jones Date Filed: 8/24/05
Mandamus action seeking after the fact building permits for structures erected on
Cooks Island in violation of the County Code.
Growth Management/Planning
Current Status:
Dismissed by Court, 9/9/05.
Next Activity:
Close out file.
Time: 2.0 hours
Costs:
0.00
CAY LITIGATION - Trial level
See Outside Counsel Section for Cases being Handled Jointly
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: 0.4 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/Personnel
Current Status:
Drewing appealed Circuit's denial of writ to Third DCA.
Next Activity:
Stayed pending appeal.
Time: 19.9 hours
Costs: 0.00
3
EEOC v. Monroe County
EEOC - Miami Judge: N/A
Charge of disability discrimination filed by an employee.
Public Works/Personnel
150-2005-03773
Date Filed: 9/7/05
Current Status:
Response filed by ACA Mercado.
Next Activity:
Await response from EEOC.
Time: 15.5 hours
Costs:
0.00
Fed. Nat'l Morta. 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:
Motion's pending.
Next Activity: 11/30/05, hearing on objection to foreclosure sale, motion to
rescind certificate of sale and motion to vacate final summary judgment.
Time: 2.9 hours
Costs: 0.00
LaSalle Bank. N.A. v. Alexis & Jesus Victores & Monroe County CAP 05-373
Circuit Court 16th Judge: Garcia Date Filed: 8/29/05
Mortgage foreclosure action where County holds an inferior $100.00 code
enforcement lien. Mayor served September 8,2005.
Growth Management/Code Enforcement
Current Status:
Answer filed.
Next Activity:
None.
Time: 0.8 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 lien foreclosure. Over $221,800.00.
Growth Management/Code Enforcement
Current Status:
Negotiations ongoing.
Next Activity:
OF given till 11/11/5 to file responsive pleading.
Time: 6.9 hours
Costs: $576.00
4
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. PJM
Growth Management/Code Enforcement
Current Status:
Complaint filed, alias summons issued 10/12/05.
Next Activity:
Serve Defendant.
Time: 2.4 hours
Costs: $295.00
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:
County's counter offer of $4748 tentatively accepted.
Next Activity:
Finalize settlement agreement, receive funds.
Time: 5.0 hours
Costs: $568.05
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:
Settled, most of structures removed from right of way.
Next Activity:
Dismiss after verify status of 2 remaining structures.
Time: 33.6 hours
Costs: $256.80.
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 8/20/03. Fine was
$203,100.00 as of 9/30/03 and accruing at $250.00 per day.
Growth Management/Code Enforcement
Current Status:
Discovery.
Next Activity:
Mediation 24.7.
Time: 24.7 hours
Costs: $20.00
5
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 BaCC 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:
Bacc rejected offer to settle for $2,500. Now compliant
Next Activity: Discovery & negotiations.
Time: 9.6 hours
Costs: $596.00
Monroe County v. James Jeanquenat
Circuit Court 16th Judge: Garcia
Collection action authorized by BaCC on 4/21/04.
Growth Management/Code Enforcement
CAP-05317
Date Filed: 7/18/05
Fine exceeds 136,100.00.
Current Status:
Motion for Dismiss filed.
Next Activity:
Motion hearing TBA.
Time: 3.7 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: 39.9 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 BaCC on 7/17/03; fines exceed $816,300.00.
Growth Management/Code Enforcement
Current Status: Default set aside.
Next Activity: Answer by DF due 10/31/05.
Time: 7.9 hours
Costs: $555.00
6
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:
DF served answer 9/15/05.
Next Activity:
Discovery due 10/31/05.
Time: 7.2 hours
Costs: $850.00.
Monroe County v. Outland Properties CAP-05-400
Circuit Court 16th Judge: Garcia Date Filed: 9/9/5
Collection action authorized by BaCC on 10/17/04. Fine over $225,000.00.
Growth Management/Code Enforcement PJM
Current Status:
Defendant served.
Next Activity:
Discovery.
Time: 1.1 hours
Costs: 300.00
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:
Discovery.
Time: 76.0 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
7
WalQreens & 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
Current Status:
Negotiations ongoing.
Next Activity:
Mediation date TBA.
Time: 17.8 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
CAY POST JUDGMENT CASES
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
Current Status:
Final judgment of $28,431.00 recorded wI 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
Current Status:
Final judgment recorded wI Dept. of State.
Next Activity:
Collection.
Time: 9.5 hours
Costs: $65.92
8
Monroe County v. Lily Marks CAK-03-1152
Circuit Court 16th Judge: Jones Date Filed: 10/2/03
Money judgment of $795,270.00 for unpaid code enforcement fines and costs.
Growth Management/Code Enforcement
Current Status:
Final judgment entered for $795,270.00 on 5/9/05.
Next Activity:
Collection.
Time: 8.3 hours
Costs: $55.00
CAY APPEALS
DrewinQ, Janice v. Monroe County 3D 04-3044
Third DCA Judges: Levy, Ramirez & Rothenberg Date Filed: 11/29/04
Appeal of denial of writ of mandamus in personnel matter.
Community Services/Social Services/Personnel
Current Status: 9/28/5, Affirmed, County prevailed.
Next Activity: Decision becomes final 10/29/05.
Time: 31.8 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: None scheduled.
Time: 3.6 hours
Costs: 0.00
9
Fuchs. WalburQa 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
Current Status: The County's brief filed; case reassigned to Judge Payne.
Next Activity: Await Court's decision.
Time: 11.5 hours
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
Current Status:
CAY motion to replace Derek Howard as counsel pending.
Next Activity:
File review.
M&H Billing to date:$10,241.57 thru 8/31/05.
CAY Time: 0.5
POTENTIAL CASES THAT HAVE NOT YET BEEN FILED
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
10
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
Current Status:
CAY staff investigating case.
Next Activity:
Deposition of County employees TBA.
Fees Billed to Date: 0.00
CAY Time: 4.8
Costs: 0.00
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 w/o merit.
Time: 2.4 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 BOCC on 10/17/04. $34,200.00.
Growth Management/Code Enforcement PJM
Current Status:
Owners not complying with settlement agreement approved
by BOCC on 4/20/05.
Next Activity:
File foreclosure action if not resolved.
Time: 1.5 hours
Costs: 0.00
11
Monroe County v. Blair & Althea Mooney CAK-05-TBA
Circuit Court 16th Judge: TBA Date Filed:
Code lien collection action authorized by BaCC on 10/17/04. $146,100.00.
Growth Management/Code Enforcement PJM
Current Status:
Fine of $7,305.00 paid.
Next Activity:
Finalize settlement agreement.
Time: .5 hours
Costs: 0.00
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. Public Safety/Fire Rescue
Current Status: Waiting for AG's office to set up conference.
Next Activity: Settlement conference with State.
Time: 9.2 hours
Costs: 0.00
CASES BEING LITIGATED BY OUTSIDE COUNSEL
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:
Discovery ongoing.
Next Activity:
Discovery ongoing.
Fees billed to date: $62.442.25
Costs: $6,838.29
12
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
Johnson, Anselmo, Murdoch, Burke, Piper, & McDuff, P.A.
BaukniQht. 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
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 condemnation/takings case by owners of 3 Big Pine lots.
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 12/9/05 in Miami, 10:30 a.m.
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
Endangered Species Act case that resulted in permanent injunction barring
FEMA from backing flood insurance for 49,000 parcels in County.
Growth Management/Planning
Current Status: BOCC authorized County & outside counsel to move to
intervene on 10/12/05.
Next Activity:
Move to intervene.
Billing to Date: none
CAY Time: 3.5
Costs: 0.00
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
Endangered Species Act challenge to Fish & Wildlife Service's review of
County's application to construct park on Big Pine Key.
Engineering/Construction Management
Current Status:
Next Activity:
Intervention perm itted 10/7/05.
Deer's 151 brief due 10/28/05
Fees billed to date: $612.50
CAY Time: 5.3
Costs: 0.00
14
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
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
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 in DOAH 04-2756.
Current Status: In briefing process.
Next Activity: Appellant's brief due 11/6/05.
Fees billed to date: none
CAY Time: 0.3 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
Current Status:
Discovery.
Next Activity:
Discovery motion phone hearing 11/16/05.
Fees billed to date: $660.20
CAY Time: 2.4 hours
Costs: 0.00
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:
Deposition 11/2/5.
Fees billed to date: $2,326.92
CAY Time: 5.8 hours
Costs: 0.00
15
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:
Pleadings complete.
Next Activity:
Motions and discovery.
Fees billed to date: $743.86
CAY Time: 4.0 hours
Costs: 0.00
Morgan & Hendrick
Ambrose, Thora et al v. Monroe County 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
Current Status:
Plaintiff's voluntarily dismissed without prejudice 9/14/05.
Next Activity:
None. Wait to see if refile.
Billing to date:
$30,960.98 as of 7/31/05.
Emmert, Helen & GreQ 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
Current Status:
PL's partial summary judgment motion heard 9/15/05.
Next Activity:
Ruling on summary judgment motion.
Billing to date:
$90,727.95 as of August 31,2005.
16
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
Current Status:
Summary judgment motions pending.
Next Activity:
Motions hearing 10/24/05, 1 pm.
M & H Billing to date:
$209,495.65 thru 8/31/05.
*** Robert Freilich is serving as co-counsel
Paul Hastings Billing to date: to be provided.
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 perm its for properties.
Growth Management/Planning
Current Status:
Plaintiff motion to amend complaint filed.
Next Activity:
Respond to amended complaint.
Billing to date:
CAY Time:
$16,378.03 as of 8/31/05.
2.5
I.C. & E. v. Monroe County 01-CV-10105
U.S. Dist. Ct. Judge: King Date Filed: 10/4/01
Declaratory judgment action regarding wireless tower moratoria.
Growth Management/Planning
Current Status: 11th Circuit directed District Court to dismiss case.
Next Activity: Awaiting order of dismissal.
Billing to date:
$18,966.92 as of 8/31/05.
17
Johnson, Lloyd v. Monroe County CA K 02-1248
Circuit Court 16th Judge: Payne Date Filed: 10/30/02
Writ of Mandamus challenging Planning Director's determination that boundary
determination by alleged error requires zoning map amendment.
Growth Management/Planning
Current Status: Agreement reached.
Next Activity: Proposed final judgment pending.
Billing to date:
$2,219.62 as of 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
Current Status:
Held in abeyance pending BUD hearing.
Next Activity:
none.
Billing to date:
$2,855.77 as of 8/31/05.
Neumont, Elizabeth et al. v. Monroe County 99-10054-CV
U.S. Dist. Ct., S.D.Fla. Judge: Paine Date Filed: 5/21/99
Gass action challenging enactment of vacation rental ordinance.
Growth Management/Planning
Current Status:
Briefs completed.
Next Activity:
Oral argument 10/26/05.
Billing to date:
$123,563.24
Neumont, Elizabeth et al. v. Monroe County
11th Circuit Court of Appeals Judges: TBA
Appeal of 99-1 0054-GV above.
Growth Management/Planning
04-13610-X
Date Filed: 7/15/04
Current Status:
Briefs completed.
Next Activity:
Oral argument 10/26/05.
Billing to date:
$123,565.49 as of 8/31/05.
18
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
Current Status:
Complete, on appeal.
Next Activity:
None pending appeal.
Billing to date:
$40,710.63 as of 8/31/05.
O'Daniel & Hill v. Monroe County
Third DCA Judges: TBA
Appeal of circuit court decision in CA P 02-141 .
Growth Management/Code Enforcement/Planning
3D-05-583
Date Filed: 3/18/05
Current Status:
Briefs complete.
Next Activity:
Oral argument set for October 19, 2005.
Billing to date:
See previous case.
Sierra Club. et al v. DCA. Miami Dade & City of Homestead 03-150-GM
DOAH Judge: Maloney Date Filed: 1/17/03
Court intervened in administrative challenge to amendment of Miami-Dade's
compo plan redesignating Krome Avenue to a major roadway.
Growth Management/Planning
Current Status:
Final hearing complete.
Next Activity:
Proposed final orders to be submitted.
Billing to date:
None, pro bono.
19
Paul, Hastings (Bob Freilich)
White & Smith (Tyson Smith)
Collins, Thomash et al v. Monroe County
Circuit Court 1St 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:
Motions for Summary Judgment 10/24/5.
Total Fees billed to date: $554,169.12
CAY Time: 109.7 hours Costs: $56,194.21
See also Galleon Bay v. Monroe County - Morgan & Hendrick.
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/S/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: Award to County & Sheriff of $4,579.00 in attorney's fees
against Evans for filing frivolous suit affirmed by 11th Circuit on 9/20/05.
Next Activity:
Collection.
Fees billed to date: None
CAY Time: 9.5 hours
Costs: 0.00
Evans, Brian v. MCSO, Monroe County, et al 05-10077-B
11th Circuit Judges: Edmondson, Tjoflat & Dubina Date Filed: 1/5/05
Appeal of award of attorney's fees against Evans in 04-CIV-1 0033.
MCSO
Current Status:
Fee award affirmed 9/20/05.
Next Activity:
None. Decision becomes final 1/9/6.
Fees billed to date: None
Costs: 0.00
20
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 Florida case 04-CIV-1 0033 that were dismissed. MCSO
Current Status:
Final Judgment entered 9/15/05.
Next Activity:
None unless files cert. petition (12/15/05 close).
Fees billed to date: None
Costs: 0.00
Evans. Brian v. MCSO. Monroe County. et al 04-17429
9th Circuit Judges: O'Scannlain, Callahan & Beach Date Filed: 12/09/04
Appeal of Nevada Court's dismissal of suit in CIV S 04-1042 LRH. MCSO
Current Status: 9/7/5, Mandate issued.
Next Activity: None. Becomes final 12/15/05.
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; threatened to refile.
Next Activity: Await service.
Fees billed to date: None
Costs: 0.00
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.
Engineering
Current Status:
Defense verdict 6/14/05.
Next Activity:
Finalize attorney's fees.
Fees billed to date: $630,311.78
Costs: 0.00
21
Monroe County v. Post Buckley. Schuh. and JerniQan
Third DCA Judges: TBA
Appeal of judgment in the above case.
Engineering
3D05-1822
Date Filed: 8/1/05.
Current Status:
Organizing record.
Next Activity:
County's brief due November 10,2005.
Fees billed to date: none
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: 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
Current Status:
Certiorari denied, rehearing motion denied.
Next Activity:
Order becomes final 1 0/14/05.
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:
Third Amended petition pending.
Next Activity:
Respond to Third Amended petition.
Fees billed to date: $32,290.50
Costs: $2,540.84
22
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 BOCC on 4/18/03.
Growth Management/Code Enforcement
Current Status:
Settled. Lien release issued.
Next Activity:
File satisfaction of judgment, pay V&B's bill.
Fees billed to date: $7,300.00
CAY Time: 5.8 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 BOCC on 4/18/03.
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 BOCC on 4/18/03.
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: 3.5 hours (both cases)
Costs: 0.00
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 BOCC 4/18/03.
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 October BOCC meeting.
Fees billed to date: None
CAY Time: 2.3 hours
Costs: 0.00
23
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
Current Status:
Owners 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 SOCC 4/18/03.
Growth Management/Code Enforcement
Current Status:
Settlement unproductive.
Next Activity:
Proceed with foreclosure.
Fees billed to date: None
CAY Time: 3.5 hours
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 SOCC 7/15/03.
Growth Management/Code Enforcement
Current Status:
DFs answered.
Next Activity:
Discovery.
Fees billed to date: None
Costs: 0.00
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 SOCC 7/15/03.
Growth Management/Code Enforcement
Current Status:
DFs answered.
Next Activity:
Discovery.
Fees billed to date: None
Costs: 0.00
24
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 SOCC 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 9/29/05.
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:
Pleadings complete.
Next Activity:
Oral argument set for 9/29/05.
Fees billed to date: $3,920.50
Costs: $146.93
i Includes cases listed under outside counsel if CAY has entered appearance as co-counsel.
ii Article V issue, bankruptcy claim, and Fire Rescue.
25