December 2007 Litigation Updates

We have six Regulatory Taking cases pending. Collins et al. v. Monroe County et al. (appeal); Galleon Bay Corp. v. Monroe County et al. (new trial); Lightner et al. v Monroe County et al. (BPK & NNK); McCole v. Marathon and Beyer v. Marathon (answers filed); and Sutton v. Monroe County (motion pending).

Answer briefs are due Dec. 10 in Collins. In Galleon Bay, several motions are set for Dec. 5. The Lightner Class Action Complaint is pending amendment. McCole and Beyer are ready for summary judgments on liability. The gov't motion to dismiss Sutton on statute of limitation grounds was heard Nov. 14 and we are awaiting an order.

We have a Direct Condemnation case pending, Florida DEP v. West et al. On Nov. 8, the gov't claimed the case could not be tried in the time available in November, so Judge Garcia postponed the trial to May '08. In this case, we prevailed on a Condemnation Blight motion on April 9, and Judge Garcia ordered the property appraised under the regulations in effect on Feb 8, 1982.

We have two lawsuits in preparation, Gutierrez et al. v. Monroe County et al, and Evanoffs v. Islamorada et al. These are Regulatory Taking cases that will also challenge a number of other land development regulations and ComPlan provisions in the County and the Village.

Remember, additional details and copies of pleadings, motions, and orders can be found on http://mattsonlaw.com/.