Rulings from the bench June 2 in the case of Leah Marie Enterprises and Kathleen C. Morgan v. City of Holmes Beach are steeped in compromise.
Twelfth Circuit Judge Gilbert A. Smith Jr. gave the plaintiffs the go-ahead to depose Holmes Beach Commission Chair Judy Titsworth, but limited the questioning to her official responsibilities and subject matter of the case, a remodeling project at 626 Key Royale halted by the city Dec. 11, 2013.
Ruling on the deposition, Smith said he was “concerned about fairness” and would allow appropriate questions aimed at relevant evidence. The judge warned against questions on topics raised in court papers, such as building official Tom O’Brien working on the Titsworth campaign, or his work as a contractor for Titsworth’s husband.
If disputes arise at the deposition, a judge may be called to resolve them.
The judge found more middle ground in his second ruling, ordering plaintiffs to provide “the amount” of their attorneys’ fees, as well as 2007-10 tax documents showing the property’s rental income. The plaintiffs had resisted the city’s broader request for attorney invoices and tax returns.
While not ordered, plaintiffs’ Sarasota attorney David Johnson, who is Morgan’s husband, volunteered to provide the city with his client-fee agreement for the Bert J. Harris Jr. Property Rights Protection Act case that was filed in 2015.
Jay Daigneault, a Clearwater attorney representing the city through its insurer, filed for a protective order against Titsworth’s deposition in March. He called the deposition “a fishing expedition” and a disincentive to holding public office.
Trask Daigneault LLP was hired by Florida Municipal Insurance Trust.
Johnson told the judge the commissioner was involved in the hiring of O’Brien, who, as an unlicensed city building official made decisions about the plaintiffs’ property, as well as Shawn Wilson, an unlicensed appraiser, who damaged their property.
The plaintiffs’ case under the Harris Act, aimed at providing relief to landowners from laws and regulations that “inordinately burden” private property, is one of several cases filed by Johnson.
The plaintiffs’ first case was filed in 2014, seeking a court-ordered remodeling permit.
That case merged into the Bert Harris Act case. Court-ordered mediation in the combined case is expected to begin Aug. 22.
Another case filed by Johnson includes a defamation claim against former Holmes Beach Mayor Carmel Monti and actions against of alleged fraud, negligent misrepresentation and negligence.
A motion to consolidate all cases is set for 10:30 a.m. Tuesday, June 28. Johnson said the plaintiffs oppose the case consolidation.
Since 2013, Morgan has been battling the decisions of the city and its building department, saying the city imposed “a non-existent 30 percent-area rule.”
Johnson told Smith the building department ordered Morgan to leave her new roof under the old roof, causing damages to the home. He said it is uninhabitable, vacant and deteriorating.
Daigneault told the judge the plaintiffs’ contractor, Yavalar Built Inc. of Bradenton, “far exceeded the scope” of work under the city’s 2013 permit, resulting in the stop-work order.
Daigneault said it is uninhabitable because the plaintiffs failed to justify its costs under the Federal Emergency Management Agency 50 percent rule.
Johnson told the judge he was seeking a bench trial.
A pre-trial conference is scheduled for Oct. 31 and a trial is set for Nov. 7.
The attorneys told Smith they expect 18-20 witnesses and a weeklong trial.
Smith warned if the trial is longer than five days, it may be transferred to another judge or delayed.
Court proceedings are held at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.