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HomeMy Public PortalAboutPRR 16-2376Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Monday, October 31, 2016 7:55 PM To: Bill Thrasher; Rita Taylor; Renee Basel; jrandolph@jonesfoster.com Subject: Public Record Request - claim of town attorney Dear Custodian of Records, I request to inspect certain public records' in the custody of the Town of Gulf Stream Florida' or in the custody of its agents or associated entities. While I am not statutorily obligated to explain why I want to inspect these records, I tell you it is for the purpose of informing myself of the historic and current workings of the Town of Gulf Stream and its associated entities, vendors, consultants, advisers, contractors and agents. The records I wish to inspect may also be material to current, anticipated or presently unforeseen legal action. In addition, inspection of these records may be essential to my ability to make informed comments in an upcoming public hearing. The production of any and all responsive records is therefore urgent and must be acted upon in compliance with Florida Statutes and established case law as soon as possible. Before making this public record request, I first searched online and in the public records portion of your agency's website hoping I could locate the public records I seek without having to write you directly. Unfortunately I cannot find the records I wish to inspect. Therefore I am writing you now and requesting you make every effort as required by law to produce these public records without delay. The public records I request to inspect may be in the custody of an entity currently or previously associated with, or under contract with, your agency. As a courtesy to you and that entity, and to assist in expediting my access to inspect records responsive to this request I am notifying this entity of this request by copy of this email. I am NOT requesting this entity produce responsive records directly to me. Rather I am alerting them to my request to you so that they may prepare to assist you, if they choose to, in producing responsive records. Do not assume my act of copying this entity with this request relieves you of any of your duties under Florida Statute. I ask that you contact this entity yourself in order to obtain all Public records responsive to this request if those records are not all in your custody. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. I ask that you take the following action: • Read this entire request carefully and respond accordingly. • If you are not the custodian of the public records described herein please determine who that person is and notify me immediately in order that I may make this request to the appropriate person without delay. • Reference Florida Statutes and appropriate case law when responding to this record request. • Do NOT produce any records other than records responsive to this request. • Identify by name the person or persons responding to this request if that person is not the Custodian of Records for your agency as required by 119.07(1)(b). • Respond to this public record request in a singular manner and do not combine this request with any other public record requests when responding to this request. • Once you have determined that you do or don't have any records in your custody responsive to this request, immediately act to obtain any responsive records that may be in the custody of your contractor(s) or other parties. • Provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. • If records responsive to this request are not presently available but you expect that they will soon be available I request that you produce the records as soon as they are available. I ask you to take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual and entity in possession of records that may be responsive to this public records request, including individuals and entities under contract with your agency, to preserve and produce all responsive records on an immediate basis. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Produce for my inspection all responsive records and ONLY redact that portion of the record that you consider exempt. To be clear, if you consider an entire record to be exempt, produce that record in its entirety with all portions redacted that you consider exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the purpose of challenging a particular redaction or establishing a reference for a future request of a record that is only temporarily exempt, as in the case of a public record that was prepared by an agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the litigation. If the public records being sought are maintained by your agency or contactors for your agency, in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. Again I ask that you provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Take note of §119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then please provide those records that can be produced within the first 15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining records prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you produce only a portion of all existing responsive records, please tell me that your response includes only a portion of all existing records responsive to this request. If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these public records which would exceed $1.00 please notify me in advance of your incurring that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. Again, please do not incur any costs on my behalf without first obtaining my written authorization to proceed. A record that does not exist because of its disposition requires the creation of a disposition record. In all instances where you determine a record does not exist please determine if the record once existed and in its replacement provide the disposition record for my inspection. request to inspect any five communications signed by Town of Gulf Stream attorney John Randolph which include the statement, "I am the Town Attorney." or "I am the attorney for the Town.' or some similar phrase where John Randolph communicates to someone that he is the Town Attorney of the Town of Gulf Stream or the attorney for the Town of Gulf Stream. To further clarify the records I wish to inspect I use the word "any" to mean the first five responsive records you find. The records could be the oldest five, the most recent five, a random group of five or five singular responsive records in any order whatsoever. *The term public records, as used herein, has the same meaning and scope as the definition of Public records adopted by the Florida Legislature as Statutes Chapter 119. **The phrase Town of Gulf Stream when used herein refers to the Town in its entirety and all entities of the Town including all employees, appointees, officials, assignees, counsel and consultants including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town Staff Attorney, Town Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney, partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker & Varkus including all attorney, partner and employee members of that firm, the Town Counsel 3 of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any other entity associated with the Town and subject to public records law. If you do not understand any part of this request or if you need clarification about this request, notify me as soon as possible so I may further describe or clarify this request. Due to issues of delivery failure and occasional rejection by your server this email is being sent to multiple recipients to insure prompt delivery. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream@gmail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 2, 2016 Chris O'Hare [mail to: chrisoharegulfstream(a),,gmail.coml Re: GS #2376 (claim of town attorney) I request to inspect any five communications signed by Town of Gulf Stream attorney John Randolph which include the statement, '7 am the Town Attorney. " or "I am the attorney for the Town.' orsome similarphrase where John Randolph communicates to someone that he is the Town Attorney of the Town of Gulf Stream or the attorney for the Town of Gulf Stream. To further clarify the records I wish to inspect I use the word "any" to mean the first five responsive records you find. The records could be the oldest five, the most recent five, a random group of f ve or five singular responsive records in any order whatsoever. Dear Chris O'Hare [mail to: chrisobaregulfstreamla,gmail.coml: The Town of Gulf Stream has received your public records requests dated October 31, 2016. The original public records request can be found at the following link: hqp://www2.gulf-stream.org/weblink/O/doc/103413/Pagel.ast)x Please be advised that the Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, v� "" �""�� Rip- a Ra4V" pwyrc As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 15, 2016 Chris O'Hare [mail to: chrisoharegulfstreamaa gmail.coml Re: GS #2376 (claim of town attorney) I request to inspect any five communications signed by Town of Gulf Stream attorney John Randolph which include the statement, "I am the Town Attorney. " or "I am the attorney for the Town.' or some similar phrase where John Randolph communicates to someone that he is the Town Attorney of the Town of Gulf Stream or the attorney for the Town of Gulf Stream. To further clarify the records I wish to inspect I use the word "any" to mean the first five responsive records you f nd. The records could be the oldest five, the most recent five, a random group of five or five singular responsive records in any order whatsoever. Dear Chris O'Hare [mail to: chrisoharegulfstreamagmail.coml: The Town of Gulf Stream has received your public records request dated October 31, 2016. Your original public records request and response to your request can be found at the following link: http://www2.gulf-stream.org/weblink/O/doc/I 03413/Pagel .asux We have also attached the responsive documents for your convenience. We consider this request closed. Sincerely, Jz"Id RIOIW"944d As requested by Rita Taylor Town Clerk, Custodian of the Records JONES FOSTER JOHNSTON STUBBS, P.A. Attorneys and Counselors John C. Randolph, Esquire Direct Dial: 561-650-0458 Direct Fax: 561-650-0435 E -Mail. jandolph@Jones-foster corn December 28, 2011 Nowlen, Holt & Miner, P A. 215 Fifth Street, Suite 200 West Palm Beach, Florida 33401 Re Town of Gulf Stream Our File No. 13147 1 Gentlemen. Flagler Center Traver. Suitc 1100 503 South Hagler Drive West Palm Beach. Florida 33401 Telephone (561) 6+59-3000 AIniling A(tell rt r Post 011ice Bos 3475 West Palin Beach. Florida 33402-3475 I am the attorney for the Town of Gulf Stream, Florida. Pursuant to your request for information regarding pending or contemplated suits, judgments or claims against the Town, please be advised that there are no pending suits, judgments, claims or pending litigation to the best of my knowledge presently existing against the Town of Gulf Stream, Florida. This will confirm as correct the advice given you by the Town that we are aware of no material contingencies relating to unascertained claims and assessments involving matters with respect to which this firm has been engaged and to which it has devoted substantial attention on behalf of the Town in the form of legal consultation and representation The information set forth herein is as of the date of this letter, Except as otherwise noted, we disclaim any understanding to advise you of changes which may hereafter be brought to our attention. This response is limited by, and in accordance with, the ABA Statement of Policy regarding lawyers' responses to auditors' requests for information (December 1975), without limiting the generality of the foregoing, the limitations set forth in such Statement on the scope and use of this response (Paragraphs 2 and 7) are specifically incorporated herein by reference, and any description herein of any "loss contingencies" is qualified in its entirety by Paragraph 5 of the Statement and the accompanying Commentary (which is an integral part of the Statement). rneotn jones-foster Coro Nowlen , Holt & Miner, P.A. December 28, 2011 Page 2 Consistent with the last sentence of Paragraph 6 of the ABA Statement of Policy, and pursuant to the Town's request, this will confirm as correct the Town's understanding as set forth in its audit inquiry letter to me that whenever, in the course of performing legal services for the Town with respect to a matter recognized to involve an unasserted possible claim or assessment that may call for financial statement disclosure, we have formed a professional conclusion that the Town must disclose or consider disclosure concerning such possible claim or assessment. We, as a matter of professional responsibility to the Town, will so advise the Town and will consult with the Town concerning the question of disclosure and the applicable requirements of Statement of Financial Accounting Standards No. 5. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P A. "4W John C Randolph CR/ssm cc: William H. Thrasher, Town Manager P:\00CM13147\00001\LTR\1C65485 DOC JT`TlES F OST E R. -- 101 INS ION& S I I I IIIIS. VA. John C. Randolph Attorney (561)650-0458 Fax: (561) 650-5300 jandolph@jonesfoster com March 1, 2012 VIA EMAIL: louAlouroeder.com AND U.S. MAIL Louis L. Roeder, Esquire 7414 Sparkling Lake Road Orlando, Florida 32819 Re: Town of Gulf Stream Christopher F. O'Hare 2520 Avenue Au Soleil Our File No, 13147.1 Dear Mr Roeder: This letter is in reference to your dated February 21, 2012, addressed to William Thrasher, Town Manager of the Town of Gulf Stream. I am the attorney for the Town and Mr. Thrasher has referred your correspondence to me for a response. Please be advised that I have thoroughly reviewed your letter of February 21, 2012 and the related correspondence from Mr. Thrasher It appears that Mr. Thrasher has adequately responded to your inquiry in regard to his decision to require a Level II Site Plan Approval. I note your disagreement in that regard, but I do not feel this issue is worthy of continued debate. I recommend, therefore, that if your client wishes to move forward with this project, that he simply comply with the requirements as outlined by Mr. Thrasher in his letter of February 17th He has indicated in that letter that your client will be provided the necessary paperwork for the project to be heard by the ARPB. In the event your client continues to disagree with Mr. Thrasher's opinion, there is a remedy available which affords your client an opportunity to file an appeal of his decision. That Section of the Code, at 66-145 (12), provides that any aggrieved or adversely affected person aggrieved by a decision of the planning and building administrator on an application for a Level I Architectural Site Plan Review may appeal the decision to the Board of Adjustment, provided such appeal is submitted within thirty (30) calendar days of the date of final action on the application by the planning and building administrator. You may contact the Town Clerk at the Town of Gulf Stream to obtain the necessary papers to file an appeal. Please call 561-276-5116 to reach the Town of Gulf Stream and they will be happy to help you. Since 192.1 I Wt,,t Palm Bead) I fnpiter Vogler (.vita -linea illi Som It Plagkr I)rirc.Sit ice 111111 V"'I Palm peach. Ilmida 11101 www jnnesfuster.cnm Louis L. Roeder, Esquire March 1, 2012 Page 2 Sincerely, JONES, FQST_ER, JOHNSTON & STUBBS, P.A. in C. Randolph R/ssm cc. William H. Thrasher, Town Manager JONTES FOSTEI Jul INs l ON &sl units. PA John C. Randolph Attorney 561-650-0458 Fax: 561-650-5300 jrandoiph@jonesfoster com January 3, 2014 Nowlen, Holt & Miner, P.A. 515 North Flagler Drive Suite 1700 West Palm Beach, FL 33401 Re: Town of Gulf Stream Our File No. 13147.1 Gentlemen: I am the attorney for the Town of Gulf Stream, Florida Pursuant to your request for information regarding pending or contemplated suits, judgments or claims against the Town, please be advised as follows A town resident, Christopher F. O'Hare, has filed a suit in federal court (USDC Case No. 13 -CV -81053), alleging several counts including, but not limited to, trespass, slander, retaliation, impairment of contract, denial of equal protection, denial of due process, negligent hiring and supervision, etc. Jury trial has been demanded and a claim for damages in excess of $15,000,000 and attorney's fees and costs has been made. A copy of the Complaint is enclosed. This matter is covered under the Town's insurance policy with the Florida League of Cities and is being defended by the law firm of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P A. In addition, Christopher F. O'Hare has filed, in state court, six public records lawsuits listed as follows: O'Hare vs Town of Gulf Stream Case No. 502013CA015012XXXX MB AH Case No. 502013CA01538OXXXX MB AN Case No. 502013CAO 1 6864XXXX MB AB Case No. 502013CA017717XXXX MB AA Case No 502013CA017793XXXX MB AO Case No. 502013CA018093XXXX MB AE Each of these cases is filed pursuant to Florida Statute Chapter 119 and claims that the Town has violated said chapter in regard to production of public records. Sincc 172•i I \C'cst Palm 0ce6 I Jupiter I laglcr Cancr liner illi tiu0111 Flagler Urivc. Suite 1100 \CIcst Rdm 14ach, I1nrida 33 i00 wsysv.lonesroste, con) Nowlen, Holt & Miner, P.A. January3, 2014 Page 2 This will confirm as correct the advice given you by the Town that we are aware of no material contingencies relating to unascertained claims and assessments involving matters with respect to which this firm has been engaged and to which it has devoted substantial attention on behalf of the Town in the form of legal consultation and representation. The information set forth herein is as of the date of this letter. Except as otherwise noted, we disclaim any understanding to advise you of changes which may hereafter be brought to our attention. This response is limited by, and in accordance with, the ABA Statement of Policy regarding lawyers' responses to auditors' requests for information (December 1975); without limiting the generality of the foregoing, the limitations set forth in such Statement on the scope and use of this response (Paragraphs 2 and 7) are specifically incorporated herein by reference, and any description herein of any "loss contingencies" is qualified in its entirety by Paragraph 5 of the Statement and the accompanying Commentary (which is an integral part of the Statement). Consistent with the last sentence of Paragraph 6 of the ABA Statement of Policy, and pursuant to the Town's request, this will confirm as correct the Town's understanding as set forth in its audit inquiry letter to me that whenever, in the course of performing legal services for the Town with respect to a matter recognized to involve an unasserted possible claim or assessment that may call for financial statement disclosure, we have formed a professional conclusion that the Town must disclose or consider disclosure concerning such possible claim or assessment. We, as a matter of professional responsibility to the Town, will so advise the Town and will consult with the Town concerning the question of disclosure and the applicable requirements of Statement of Financial Accounting Standards No. 5. Sincerely, JONES, F R, J S & STUBBS, P.A. ohn C. Randolph JCR/ssm Enclosure cc. William H. Thrasher, Town Manager pAdocsM147\0000111IMM9264 docz Case 9:13-cv-61053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 1 of 36 CHRIS O'HARE, Plaintiff, VS. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. TOWN OF GULF STREAM; TOWN OF GULF STREAM COMMISSION; TOWN MANAGER WILLIAM THRASHER, Town Manager, in his individual capacity and official capacity as the Town manager for the Town of Gulf Stream; TOWN SPECIAL MAGISTRATE LARA DONLON, Special Magistrate, in her individual capacity and official capacity as a Special Magistrate for the Town of Gulf Stream; OFFICER DAVID GINSBERG, Officer, in his individual capacity and official capacity as an Officer for the Town of Gulf Stream; SERGEANT ADAM GOREL, Sergeant, in his individual capacity and official capacity as an Sergeant for the Town of Gulf Stream; STEVEN TOBIAS, Building Official, in his individual capacity and official capacity as a Building Official for the City of Delray Beach; and MARTY MINOR, Planning Consultant, in his individual capacity and official capacity as a Planning Consultant for the Town of Gulf Stream. Defendants COMPLAINT FOR LEGAL DAMAGES AND OTHER RELIEF COMES NOW, Plaintiff, CHRIS O'HARE by and through his undersigned counsel and hereby sues Defendants, the TOWN OF GULF STREAM, TOWN OF GULF STREAM COMMISSION, TOWN MANAGER WILLIAM THRASHER, TOWN SPECIAL MAGISTRATE LARA DONLON, OFFICER DAVID GINSBERG, SERGEANT ADAM GOREL, STEVEN TOBIAS and MARTY MINOR and alleges: Case 9:13-cv 81053-XXXX Document 1 Entered on FLSD Docket IO/17/2013 Page 2 of 36 INTRODUCTION Plaintiff, Chris O'Hare, brings this action to recover monetary damages from the Defendants for violating Plaintiffs civil rights. Beginning in September of 2011, O'Hare's unfriendly encounter with Ginsberg set off a chain of events that led to the Town of Gulf Stream and some of its employees retaliating against O'Hare in numerous ways to punish O'Hare for his insolence in demanding equal treatment under the law. In doing so, the Town has (a) enforced unconstitutionally vague laws, and parts of the Town Code which give no notice that they carry the force of law, (b) prosecuted O'Hare without giving any notice as to what facts and law would be in question beforehand, and (c) required O'Hare to remedy supposed violations under the Town Code, utilizing unconstitutionally vague standards. Indeed, the Town and its named Defendants agents have acted upon their invidious animus and utilized vague and unnoticed standards to carry out their retribution O'Hare has suffered dearly, both economically and emotionally. JURISDICTION AND VENUL 1. O'Hare brings this action under 18 U.S.C. 1983, Florida common law and F.S.S. 768.28. 2. This Court has jurisdiction under 28 U.S.C. 1331, which gives district courts original jurisdiction over civil actions arising under the Constitutional laws or treaties of the United States. 3. This Court has jurisdiction under 28 U.S.0 1443(2), which gives district courts jurisdiction over actions to secure civil rights extended by the United States government. E Case 9:13-cv-61053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 3 of 36 4. This Court has jurisdiction under 28 U.S.C. 1367, which gives the district court supplemental jurisdiction overstate law claims. 5. Venue is appropriate in this judicial district under 28 U.S.C. 1391(b) because the events that gave rise to this complaint occurred in this district. PARTIES 6. Plaintiff, Christopher O'Hare ("O'Hare") is now and at all times pertinent was a resident of the Town of Gulf Stream, Palm Beach County, Florida which is located in the United States, Southern District of Florida. 7. Defendant, Town of Gulf Stream ("Town") is a Florida municipality duly formed and operating under the laws of the State of Florida and the United States of America. 8. Defendant, David Ginsberg ("Ginsberg") was a Zoning Enforcement Officer for the Town and an active member of the Town's municipal police force during all times relevant. 9. Defendant, Adam Gorel ("Gorel") was a Sergeant for the Town and an active member of the municipal police force during all times relevant.. 10. Defendant, Town Manager William Thrasher ("Thrasher"), was at all times pertinent, the Gulf Stream Town Administrator with authority over the actions of Ginsberg, Gorel. Minor and the Town. 11. Defendant Magistrate Lara Donlon ("Donlon"), was at all times pertinent, (presenting herself or acting as) the Gulf Stream Town Special Magistrate who presided over Code Enforcement Hearings. 12. Defendant Marty Minor ("Minor"), was at all times pertinent, the Town's Planning Consultant. 3 Case 9.13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10117/2013 Page 4 of 36 13. Defendant, Town of Gulf Stream Commission ("Commission") is the Commission duly formed and operating under and for the Town, a Florida municipality operating under the laws of the State of Florida and the United States of America. 14. Defendant, Steven Tobias ("Tobias") is a Building Official for the City of Delray Beach, which is under an interlocal agreement to provide building inspection services. GENERAL ALLEGATIONS (a -e) 15. Starting on or about August, 2011, O'Hare chose to perform improvements on his residence located at 2520 Avenue Au Soleil, Gulf Stream, Florida 33483 - which is located in the Place Au Soleil subdivision. 16. The improvements involved both interior and exterior renovations to his residence including the replacement of the existing roof. 17. On or about September 15, 2011, Ginsberg arrived at O'Hare's home, ordering landscaping workers to cease and desist for lack of a vendor registration decal on the workers' commercial vehicle When O'Hare asked Ginsberg if the workers could continue while someone went to Town Hall to obtain said decal, Ginsberg refused and stated that he felt compelled to "act tough" with these "beaners" or they would never comply with the Town's rules. 18. Upon hearing such blatant racist remarks from Ginsberg, O'Hare replied with moral disapproval, "This is just great, I got a racist and a Barney Fife protecting my family" 19. Ginsberg then became agitated and shook his finger at O'Hare, whereupon Ginsberg retorted that O'Hare should be grateful that when the new Wal-Mart opened (on the west side of Federal Highway and across from the entry to the Place Au Soleil 4 Case 9.13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 5 of 36 subdivision), that he, Ginsberg, would be keeping the trash out the neighborhood - referring ostensibly to the non-white people of color, ethnicity, or national origin who would supposedly be attracted to the new Wal-Mart store. 20. On or about October 28, 2011, Ginsberg, acting in his official capacity under the color of municipal law, entered the curtilage of O'Hare's property and inside O'Hare's house with neither consent nor warrant, all the while, dawning a police officer's pistol ll. Prior to entering the curtilage of O'Hare's home, Ginsberg asked Vincent Gonzales ("Gonzales"), a lawn maintenance worker, who was immediately adjacent to the gate surrounding O'Hare's curtilage; Gonzales responded - "only workers." 22. Ginsberg then proceeded through a self-closing gate into the curtilage of O'Hare's residence, speaking to no person(s), past several Spanish speaking minority painters, working on the house. 23. There was no apparent cause and/or justification; Ginsberg's intentions were totally unknown at the time. 24. Having breached O'Hare's curtilage, but before entering O'Hare's house, again with neither consent nor a warrant, Ginsberg made contact with the only Caucasian construction worker, John Gundlach ("Gundlach"). 25. When Gundlach became aware of Ginsberg's presence, and seeing that Ginsberg was bearing a firearm, Gundlach inquired about Ginsberg's identity and intentions. 26. Ginsberg said he wanted to enter the home. Gundlach refused Ginsberg's request and warned him that Gundlach did not have authority to allow Ginsberg's entry. 5 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 6 of 36 27. Ginsberg, saying nothing further and without presenting any official credentials whatsoever, proceeded to open O'Hare's rear porch door and walked into O'Hare's home over the continued verbal objections of Gundlach. 28. As he entered O'Hare's home, Ginsberg finally replied to Gundlach's objections by stating - "I am a police officer. I can go anywhere I want." 29. While standing in the middle of O'Hare's home, Ginsberg consulted with Thrasher via Ginsberg's cell phone 30. After Ginsberg finished his call with Thrasher, Gundlach informed Ginsberg that he had spoken with O'Hare and that O'Hare wanted the officer to leave the home. 31. Ginsberg replied forcefully - "You're the one who has to leave!" and exclaimed - "I want you all to stop working and leave right now!" 32. Gundlach then informed all of the workers of Ginsberg's cease and desist order. 33. Immediately upon leaving, Ginsberg drove his town -owned vehicle around the comer to the property at 2516 Avenue Au Soleil, located adjacent to O'Hare's home at 2520 Avenue Au Soleil, and owned by O'Hare Once there, Ginsberg proceeded to walk past the some maintenance worker, Gonzales, through another self-closing gate, and entered the curtilage of O'Hare's property. Ginsberg then reached over a six foot high solid wood fence and photographed the curtilage and those portions of O'Hare's home located at 2520 Avenue Au Soleil, not visible to the public, including the interior of O'Hare's home as seen through the rear porch of O'Hare's private backyard. 34. Ginsberg departed O'Hare's home and returned a short time later, accompanied by Steve Tobias, a Building Official for the City of Delray Beach, which is under contract with the Town to provide building inspection services for the Town. Ginsberg and 6 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 7 of 36 Tobias attempted to gain entry to the interior of O'Hare's home at the front entry door and the side garage door; but found both doors locked. Ginsberg then proceeded to take additional pictures of the rear of O'Hare's home and adjacent curtilage area by positioning his camera over the top of the six foot high fence which encloses the curtilage of O'Hare's home. 35. While Ginsberg stated in his subsequent police report regarding this incident that he was suspicious of "banging noises" at O'Hare's residence due to two recent burglaries of "unoccupied houses" in the Town, Town Attorney John Randolph subsequently revealed that Ginsberg said he really entered O'Hare's home unannounced to check the immigration status of the workers therein. 36. On or about March 5, 2012, Ginsberg repeatedly slammed on O'Hare's door. After Gundlach answered the door, Ginsberg proceeded to disparage O'Hare, ending his tirade by stating that the Town - "had Mr. O'Hare's number." 37. On or about March 5, 2012, Ginsberg stood in that part of the street that faces the front of O'Hare's home and proceeded to stare down O'Hare, who was standing in his front yard, in an outrageous and menacing fashion so as to cause O'Hare to be concerned for his safety. 38. On March 20, 2012, O'Hare pulled into his driveway at 2516 Avenue Au Soleil with a large trailer in order to unload some boxes, etc. into his garage. Due to the size of the trailer, O'Hare had to park across his driveway and partly on his lawn. Ginsberg pulled up behind O'Hare's trailer, parked his patrol car facing O'Hare, got out of his car and walked to the rear of the trailer, stopped and stared at O'Hare for a few minutes without speaking. Ginsberg inexplicably returned to his patrol car and moved it Case 9:13-cv-B1053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page B of 36 forward facing away from O'Hare Ginsberg again got out of his patrol car and approached O'Hare and inquired of Mr- O'Hare as to how long he planned to have the trailer parked there. OHare explained that he was just unloading a few items and would be leaving in few minutes Ginsberg then left. 39. Later in 2012, O'Hare teamed from otter Town residents that the Town police systematically execute illegal searches by routinely entering the curtilage of residents' homes without consent, authority or cause. 40. On or about October 11, 2013, O'Hare learned that another resident of the Town, Martin O'Boyle, was contacted by Gore), acting as a zoning officer, to let Mr. O'Boyle know that two painters were working at his house without a Town work permit. Mr. O'Boyle asked Gore] if he could get work permits at a later date and if Gorel could allow the workers to continue. Mr. O'Boyle then went on to ask Gorel if it would be "cool" to take this one up with Town Clerk Rita sometime next week. Gorel replied accommodatingly that they ("the police") do whatever "Town Hall" says and chose to delay enforcement indefinitely until hearing from "Town Hall." (b) Metal Roof 41. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs 1 through 40. 42. On or about August 29, 2011, O'Hare submitted a "ROOF/RE-ROOF PERMIT APPLICATION" to the Town for a replacement roof of his single-family home, for which he was already in the course of improving. 43. The Re -Roofing Permit was issued on or about the day it was applied for with the sole condition that work commence within 180 days or else it would expire. 8 Case 9:13-cvB1053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 9 of 36 44. After the existing roof was removed, O'Hare became suspicious that the home's structure was not strong enough to support the appropriate replacement — a white colored concrete fiat tile roof which was deemed appropriate in design and character for the Place Au Soleil district. 45. On or about October 26, 2011, O'Hare contacted his roofer to let him know he was concerned about the structural integrity of his roof and would be seeking to change the roof covering materials on his residence from concrete tile to metal - because a metal roof was patently lighter than concrete tile. 46. On or about November 3, 2011, John Mulleavey of Roof Tec, e-mailed O'Hare that, while attending a Roofing Association Meeting the previous evening, he discussed "with another long-time roofing contractor in our area" that O'Hare was considering a metal roof, and was told by the contractor - "that it doesn't matter what system we use, THE TOWN OF GULFSTREAM DOES NOT ALLOW METAL ROOFS OF ANY MIN 47. On or about November 15, 2011, O'Hare's roofer submitted an application on O'Hare's behalf for a metal roof permit in the same white color as the previously approved roof. 48. Thrasher, acting in his capacity as Administrator, rejected O'Hare's request to change the roof materials to metal. Mulleavey informs O'Hare by e-mail that - "We submitted the permit revision today and was rejected by Bill Thrasher with a simple and stem "No Metal Roofs PERIOD." 49. However, Thrasher failed to inform O'Hare there was a metal roof exception clause under Section 70-187(2) of the Town Code, the Gulf Stream Design Manual - which, 9 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 10 of 36 in fact, authorizes metal roofs on single-family residences under certain circumstances. Although Article V, section 70-99(3) and Article Vi, section 70-187(2) generally state that all metal roofs are prohibited, Article VI, section 70-187(2) includes an exception which reads, in pertinent part: Certain metal roofs determined by the town to be appropriate to the structure and to the neighborhood may be approved only in instances of re -roofing of existing structures based upon an engineer's certification that the existing structure will not support a tile roof. Additionally, unpainted copper may be used either as a decorative accent or on minor accessory structures. 50. On or about December 13, 2011, O'Hare had a certified engineer, Terrence E Lunn. PE, inspect the house's roof framing. 51. The next day, December 14, 2011, engineer Lunn informs O'Hare that his roof will not support the type of concrete Tile required by the Town and issued O'Hare a certified letter as to same. 52. On or about March 6, 2012, after engineer Lunn certified that O'Hare's home could not support a concrete tile roof thereby entitling O'Hare to the benefit of a metal roof under Section 70-187(2) of die Gulf Stream Design Manual, Thrasher, in a letter to O'Hare, refused to acknowledge the metal roof entitlement as a matter of policy, and informed O'Hare that metal roofs were prohibited and should he want a metal roof, O'Hare needs to apply for a variance. Thrasher also informed O Hare that the variance process would require an inspection of the property by the Town's engineer in order to verify the conclusions reached by Lunn and the veracity of Lunn's certification letter. 53. On or about March 28, 2012, O'Hare, relying upon the provisions of Sec. 70-187(2) of the Town Code, filed an appeal of Thrasher's March 6, 2012 decision in which he stated that a variance would be required for a metal roof. 10 Case 9.13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 11 of 36 54. On or about March 30, 2012, the Town through Clerk Rita Taylor and Thrasher, requested that the Town Engineer be allowed to verify O'Hare's engineer's Letter of Certification. Since verification was not required to meet the exception of Section 70- 187(2), O'Hare refused. 55. On or about April 13, 2012, at a Hearing of the Town Commission sitting as the Board of Adjustment to consider O'Hare's appeal, Thrasher stated that he knew of conflicts regarding metal roofs in Article V and Article VI, but felt the more restrictive Article V was controlling. Thrasher took this position despite the fact that Article VI, section 70-186(b) of the Town Code states that where portions of Article VI may conflict with portions of Article V, Article V] shall prevail - thus making the exception to a metal roof as outlined in Section 70-187(2) the exception that supersedes the rule. 56. Town Clerk Rita Taylor stated that she had spoken to Diana, as secretary at Rooffec, the roofer who had worked on O'Hare residence, and Diana said that O'Hare "just wanted a metal roof " 57. Thrasher stated that O'Hare wanted a metal roof and further stated that O'Hare even asked the Town for a metal roof before conducting a structural analysis. 58. Town Attorney John Randolph said that if O'Hare could let the Town verify the basis for Engineer Lunn's certification, then O'Hare would be entitled to a metal roof and that a variance would not be required. 59. However, at the May 11, 2012 Board of Adjustment hearing, a continuation of the April 13, 2012 hearing, the Town Commission and Town Attorney John Randolph stated that despite what the Town Code said, the Town ought to be able to review engineer Lunn's certification for veracity 11 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 12 of 36 60. Then Vice Mayor Joan Orthwein stated that a variance was required because of questions surrounding Engineer Lunn's report; and also stated that because the roof had held concrete tiles for the last 35 years, the Board had a right to question the integrity of the engineer's certification. 61. Commissioner Devitt, sitting on the Board, said that the metal roof would be a "done deal" if the town could verify the engineer's certification. 62. Commissioner Deting, sitting on the Board, said that the issue of whether O'Hare was entitled to a metal roof or required a variance would become "quite clear" upon allowing the Town's Engineer to inspect O'Hare's home and verify Engineer Lunn's certification. 63. Also during the May 11, 2012 Board of Adjustment hearing, Town Attorney Randolph conceded that O'Hare had done everything required of him to qualify for the exception allowing a metal roof under Town Code Section 70-187(2), and further no variance was required for O'Hare's metal roof, but because O'Hare would not let the Town independently verify engineer Lunn's certification by an engineer of the Town's choosing, O'Hare would need to apply for a variance.. 64. O'Hare was never given any notice that the April 13, 2012, Board of Adjustment Hearing would address the factual veracity of Engineer Lunn's certification and as such was not given a meaningful opportunity to prepare arguments of law and present factual evidence to address the Board's concern. Rather, O'Hare was only noticed that the Board would address whether Thrasher was wrong to require a variance in order for O'Hare to have a metal roof permit as a matter of law. 12 Case 9.13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 13 of 36 65. Many times during both the April 13, 2012 and May 11, 2012 Board of Adjustment Hearings, O'Hare's counsel, Mr. Roeder, asked the Board what part of the Town's Code specifically provides for a variance from the regulations of Chapter 70, including 70-187(2), and further asked the Board where such a provision could be found. The Board did not respond to either inquiry 66. After the Board of Adjustment hearing on May 30, 2012, the Town Commissioners issued a Final Action sustaining Thrasher's denial of a metal roof without first obtaining a variance. 67. On July 13, 2012, just two months after the final action by the Commission in the Appeal before the Board of Adjustment, the Commission changed Sec 70-187(2) of the Code with the adoption of Ordinance 12/4, to mandate engineer's certifications be presented with studies/reports and a provision giving the Town the discretion to inspect the applicants home with their own engineer - precisely the conditions they placed upon O'Hare at the previous appeal hearings without any notice 68. On or about June 18, 2012, O'Hare filed a petition for Certiorari before the 15u' Judicial Circuit Court of Florida challenging the Commission's final action on Thrasher's decision. The Town's response to this petition included their assertions that die use of the word "may" as it appears in the Town Code would mean "may or may not" and the choice of which meaning applied was at the sole discretion of the Town. 69. On June 28, 2012, O'Hare also filed for an emergency writ of mandamus seeking to compel the Town to issue a permit for a metal roof because the Florida hurricane season was imminent 70. On September 4, 2012, the writ of mandamus was denied with no opinion. 13 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 14 of 36 71. On or about January 28, 2013, the 150' Judicial Circuit ruled on O'Hare's petition for Certiorari by issuing a per curium denial. 72. On or about February 27, 2013, O'Hare sought appellate review of the 15's Judicial Circuit Court order before the Fourth District Court of Appeals. 73. On June 18, 2013, with no response from the Town, the appeal to the Fourth District Court of Appeals was denied on its merits - with no opinion. 74. Since October of 2011, the O'Hares have been prevented from installing a proper roof on their home and, as such, have been unable to obtain homeowners insurance. Because of the events described above, O'Hare, his wife, and his minor children have been forced to endure much consternation and severe emotional distress for which Mrs O'Hare has sought and received medical assistance. (c) Illegal Seizure of Plants And O'Hare 75. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs I tluough 74. 76. On or about November 21, 2011, O'Hare was planting several small trees near the edge of his home's property, apparently within the public right of way, yet further from the edge of the road than similar and larger trees planted at several other homes within the Town's district, including the home of Bien current Commissioner Anderson at 960 Indigo Drive in the same Place An Soleil subdivision. The portion of the public right -of --way where the trees were planted is the continuous landscaped zone located from the edge of the roadway pavement to the edge of his property line The maintenance responsibility of this area has historically been that of the owner of the property immediately adjacent to the right-of-way. 14 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 15 of 36 77. Gore) observed O'Hare in the process of planting the trees and proceeded to converse telephonically with Thrasher in front of O'Hare. 78. Gorel thereafter ordered O'Hare to move the trees back from the edge of the road, but refused to inform O'Hare how far the plants needed to be moved back. 79. O'Hare then gets Gorel's consent to retrieve his copy of the Town Code and asks Gore] to show him where in the Code was the prohibition against O'Hare's type of plantings in the right of way. 80. Gore] declined to look in O'Hare's copy of the Town Code and retorted by telling O'Hare that - "police have their own book of rules." After again talking on his cell phone to Thrasher, Gore] informs O'Hare that Thrasher said the plants had to be removed "or else." 81. On or about November 22, 2011, Thrasher sends Ginsberg to O'Hare's residence to photograph said plants. 82. On or about November 23, 2011, Thrasher had a letter hand -delivered to O'Hare stating that O'Hare needed a "landscaping permit prior to commencing any landscaping on [his] property" 83. Thrasher also informs O'Hare that the police use the same code book that O'Hare had presented to Gore] two days before. 84. On or about March 1, 2012, Lou Roeder, attorney for O'Hare, requests the Town for a cite of that portion of the code that requires a permit for "any" landscaping. 85. On or about March 6, 2012, Thrasher replied to Mr. Roeder's question and stated, in effect, "any" landscaping is what the Town Administrator, says it is.. 15 Case 9.13-cv-61053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 16 of 36 86. In the same reply, Thrasher also stated that he was directed by the Town Commission in 2004, to prohibit planting in the right of way as a matter of policy, but could not provide a reference to any Town law. (d) Fraudulent Code Violations 87. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs 1 through 86. 88. On or about October I, 2012, Thrasher sends a town employee to photograph O'Hare's landscaping at 2520 Avenue Au Soleil 89. On or about October 5, 2012, Thrasher initiates e-mails back and forth with Board Members of the Place Au Soleil Homeowners Association, soliciting a negative reaction to O'Hare's recent plantings. Thrasher tells the HOA Board members that "if [they] are happy with [O'Hare's planting] in [their] community, then he is not going to force the issue with the O'Hares"; however, "if [they] are not happy, [they] are to advise him and he will take the appropriate action." 90. On or about October 16, 2012, Minor responds to Thrasher's request to review the landscaping at O'Hare's home. In a subsequent memorandum, Minor reports to Thrasher that O'Hare is in violation of Town Code Sec, 70-32, 70-146, and 70-150. 91. On or about November 5, 2012, O'Hare receives a code violation letter stating that he is in violation of Town Code: (a) 58-138 for moving fill on his property without a permit, (b) 70-150 which outlines the types of plants found in the town; (c) 70-32 which summarizes the common characteristics of the Place Au Soleil district, including, as undefined, "open front lawns"; and (d) 70-146 which outlines several purposes of the landscape standards. 16 Case 9.13-cv-61053-XXXX Document 1 Entered on FLSD Docket 10117/2013 Page 17 of 36 92. On or about January 28, 2013, O'Hare sends Thrasher a letter requesting clarification of the November 5, 2012 charges because O'Hare did not understand in what way he had violated the quoted sections of the Gulf Stream Design Manual. More specifically, O'Hare took issue with Thrasher's interpretation of those parts of the code which carry the force of law and those parts of the code that merely reference the history and past characteristics of the Town, and those parts that resemble an architectural reference manual intended to be used for the purpose of reviewing development proposals. 93. On or about February 26, 2013, Thrasher responds to O'Hare's January 28, 2013 letter not by answering his request for clarification, but by informing O'Hare of a formal Code Enforcement hearing date which had been set before Dolan. 94. O'Hare requested a copy of the Town's Staff Report prior to the Code Enforcement hearing but received no response. 95. On or about February 26, 2013, the Town informed O'Hare of a Code Enforcement hearing scheduled for March 21, 2013. 96. When Thrasher is asked during the hearing on cross examination to define what constitutes an "open front lawn," he replies, '9 don't think that, specifically, it's defined The fact that you can or cannot see the front of the home would be an indicator .." Thrasher continued, "At this time, Ido not know if there is a definition in our code of open front yards. It is a general term that I have referred to and referenced whether or not you could see the front door, see the front of the house." 97. On or about April 2, 2013, Donlon, finds that (a) 58-128 does not apply, (b) no violation for 70-150 or 70-146, but does find (c) O'Hare in violation of the "open front 17 Case 9.13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 18 of 36 lawns" provision under 70-32(a) entitled "Summary of district [Place Au Soleil] characteristics." 98. Donlon then orders O'Hare to remove the plants in his driveway "that block the view of the home and return it to the previously existing condition." Not defining what IT is, or to what extent any plants need to be removed to open the view to the driveway, and without reference to any pre-existing date or configuration to which the landscaping would need to be reverted. 99. On or about April 19, 2013, Thrasher met O'Hare and O'Hare's employee, Rodrigo Tejera, at O'Hare's home to inspect landscaping and determine whether the property complied with Donlon's order. 100. While Thrasher acknowledged that OHare now met the definition of an "open front lawn" as ordered by Donlon, he insisted that O'Hare was still not in compliance because he did not return his home to its pre-existing condition. 101. Thrasher then showed O'Hare a never before -seen photo — evidently copied from Google Earth Street View, with a time stamp of May 2011, and demanded that O'Hare restore his landscaping to conform to that photo 102. The photo was not offered into evidence during the March 21, 2012 Code Enforcement Hearing before Donlon, and was neither referenced nor presented to O'Hare prior to the April 19, 2013 meeting with Thrasher. 103. On the same day, O'Hare filed a Motion for Reconsideration before Donlan, because the findings of facts and conclusions of law were not supported by the evidence presented at the hearing by Thrasher. 18 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 19 of 36 104. On or about May 13, 2013, O'Hare searched the Town's public records and discovered that (1) the sworn testimony of Thrasher wherein he states (a) the town has consistently used an "open front lawns test" when enforcing landscaping provisions of the code; and (b) that all non -complying similarly situated properties were lawfully "grandfathered in" and (2) hired witness Minor's testimony that O'Hare was planting prohibited species were all directly contradicted by photographic and other evidence located in the Town's own records These records contradicted Thrasher's unwavering definition of"open front lawns" from his own testimony at the hearing. 105. O'Hare filed a Motion for Sanctions for Fraud Upon the Court after discovering that critical evidence presented by the Town at the March 21, 2013 Code Enforcement Hearing before Donlon was intentionally false 106. On or about May 14, 2013, O'Hare attended the Fine Assessment Hearing before Donlon, wherein Donlon refused to consider O'Hare's Motion for Reconsideration and his Motion for Sanctions in the presence of Town Attomey John Randolph. 107. Donlon also found that O'Hare had not complied with her order to remove plants from the driveway, despite the fact that removing plants from the driveway in their entirety was not specifically mandated by Donlon's April 2, 2013, Order. 108. Donlon fined O'Hare $100 dollars a day instead of $200 a day because O'Hare took remedial action and attempted to comply with Donlon's Order. Before issuing the order, Donlon appeared to recognize that the Order was vague, but nevertheless ruled for the Town to ensure that her law firm would continue serving as the Special Magistrate at the pleasure of the Town. 19 5617370188 Fax 09:48:11a m 10-22-2013 212 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 1011712013 Page 20 of 36 109. The same day, O,Hare removes vegetation to conform to Thrasher's photograph - at an estimated cost of $5,400. 110. On all relevant dates in this section, Donlon was not a duly appointed Special Magistrate pursuant to Town Code Sec. 2-67(a){c) and, as such, without jurisdiction. fel Garage Permit -Unilateral Style Change 111. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs 1 through 110. 112. On or about September 15, 2012, O'Hare submitted a permit application to Thrasher for a hurricane -rated garage door on his residence at 2520 Avenue An Solefl. 113. On or about September 18, 2012, Thrasher denies the garage door permit saying that it did not conform to the "Bermuda" Style as defined in the Town Design Manual. 114. Thrasher mode tris determination despite the fact that the Town Manual, a part of the Town Code, classifies O'Hare's home style as "OtherNarious", not "Bermuda". Thresher instructed Minor to rind any reason to justify changing this property's zoning description as it is codified in the Town's Code therefore to provide Thrasher with a supported rational basis far this change and then, for the purpose of enforcing a design standard, not clearly defined in the Town's Code, did change the official description of this property without the benefit of public hearing as required by the Town Code. 115. Because Thrasher unilaterally redefined O'Harc's home style as "Bermuda" instead of "Other/Various," O'Hare is not now entitled to improve his home in ways allowed under "OtherNarious" Style but must adhere to contrary standards reserved exclusively for "Bermuda" Style. 20 Case 9:13-cv-81053•XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 21 of 36 COUNT Illegal Search and Seizure Under the Fourth and Fourteenth Ameadment 116. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs l through 115. 117. Ginsberg entered the curtilage and home of the O'Hare family on October 28, 2011, without a warrant or exigent circumstances as either a code enforcement officer, police officer, or both, in violation of the Fourteenth Amendment Search provision. 118. The Town Code Sec. 2-26 specifically cross references Florida State procedures for obtaining inspection warrants before entering residential property. 119. Ginsberg seized O'Hare's workers without a warrant and in the course of executing an illegal search, thereby causing harm to O'Hare's right to privacy, emotional wellbeing, the loss of contractual services, and diminution in value of building materials. 120. Ginsberg entered the curtilage of the O'Hare home on October 28, 2011, without a warrant, authority or exigent circumstances as either a code enforcement officer or law enforcement officer, or both, in clear violation of the Fourteenth Amendment Search provision. 121. Ginsberg attempted to enter O'Hare's home a second time on October 28, 2011, accompanied by Tobias, without a warrant, authority or exigent circumstances as either a code enforcement officer or law enforcement officer, or both, in clear violation of the Fourteenth Amendment Search provision. 122. Additionally, the information gained from Ginsberg's illegal search was used as the basis for a Notice of Violation issued by Thrasher on October 29, 2011, and subsequently and prejudicially influenced the Town Commission when they 21 Case 9:13-cv-81053 XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 22 of 36 subsequently denied O'Hare's exemption for a metal roof without any apparent cause on May 30, 2012 COUNT II First Amendment Retaliation 123. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs Ithrough 122. 124. Ginsberg retaliated against O'Hare because of O'Hare's association with non -whites. 125. In the alternative, Ginsberg retaliated against O'Hare because of O'Hare's critical statements and expressed moral outrage at Ginsberg's disposition towards race and displays of overt racism. 126. As a result of Ginsberg retaliation, Ginsberg caused harm to O'Hare's right to privacy, emotional well-being, the loss of contractual services, and diminution of value of building materials as well as the harms stated above. COUNT III Impairment of Contract Based ou Rnee 127. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs Ithrough 126. 128. Ginsberg impaired O'Hares contracts during the unlawful search on October 28, 2011 in violation of 42 U.S.C. 1981 when he ordered O'Hare's contractors/workers to cease performing their obligations based upon Ginsberg's previously -stated beliefs as to their non-white status as "beaners," thereby furthering his promise to rid the neighborhood of "trash." 129. This impairment of contract under color of law caused O'Hare to suffer loss of contract services, and diminution of value of building materials and labor. 22 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 23 of M COUNT N Denial of Equal Protection Under the Fourteeuth Amendment 130. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs 1 through 129. 131. Ginsberg performed an illegal search, seizure, and otherwise acted harassingly, intruding upon O'Hare's seclusion, based upon an irrational basis that was motivated by invidious purposes - O'Hare's association with non -whites and Ginsberg's personal spite toward O'Hare. 132. In acting without a rational basis, Ginsberg caused all of the aforementioned harms in Count I through Count IV above. COUNT V Denial of Equal Protection/Substantive Due Process Under the Fourteenth Amendment—Supervisor Liability 133. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs Ithrough 132. 134. Thrasher, the direct supervisor of Ginsberg, whom he was in constant and detailed communication concerning all code enforcement issues as well as contemporaneous telephonic contact during the search, ratified, encouraged, or otherwise acted favorably towards Ginsberg's October 28, 2011, illegal search, seizure, and other prior and subsequent acts, with deliberate indifference to O'Hare's constitutional rights which violates the civil rights as described in Counts 1 through IV above. COUNT VI Denial of Equal Protection/Substantive Due Process Under the Fourteenth Amendment—Municipal Liability 135. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs 1 through 134. 23 Case 9:13-cv-61053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 24 of 36 136. Thrasher, the chief executive policy enforcer of the Town and the direct supervisor of Ginsberg, in his code enforcement duties, with whom he was in constant and detailed communication concerning all code enforcement issues, ratified, encouraged, or otherwise acted favorably towards Ginsberg's October 28, 2011 illegal search, seizure, and other acts with reckless disregard to O'Hare's civil rights as described in Counts I through V, above. 137. The Town policy of allowing police/code enforcement officers to execute illegal searches without a warrant, as implemented through Thrasher, caused the harms in Count I through VI above 138. Town adjudicated against O'Hare using a quasi-judicial process presided over by an unauthorized Special Magistrate who acted without proper authority. COUNT VII Trespass 139. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs I through 138. 140. On or about October 28, 2011, Ginsberg unlawfully and intentionally entered O'Hare's home wherein he ordered O'Hare's contractors/workers to cease work. 141. The same day, Ginsberg intentionally and unlawfully entered O'Hare's property wherein he photographed the curtilage of the O'Hare home. 141. The same day, Ginsberg returned to O'Hare's property with Tobias and intentionally, unlawfully and successfully attempted to enter O'Hare's home for a second time, and to photograph the curtilage of the O'Hare home from over a six foot high privacy fence. 24 Case 9:13-cv-61053.XXXX Document 1 Entered on FLSD Docket 10117/2013 Page 25 of 36 143. These actions caused O'Hare the aforementioned harm in Count I through Count VII above. COUNT VM Tortuous Interference with Contract 144. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs 1 through 143. 145. On or about October 28, 2011, Ginsberg, in the course of illegally trespassing in O'Hare's home, intentionally and illegally caused O'Hare's contractors to cease work, thereby denying them the ability to fulfill their contractual duties, and causing O'Hare to undergo delays in construction, money to pay for services not rendered and all other harms noted in Counts 1 through VIII above. COUNT IX Intrusion Upon Seclusion 146. Plaintiff re -alleges and re -avers each of the allegations as set forth in the above Paragraphs 1 through 145. 147. Ginsberg's trespass upon O'Hare's home on October 28, 2011, whereupon he photographed the curtilage, backyard, and interior of O'Hare home, and Ginsberg's return visit to again photograph O'Hare's curtilage and back -yard, constituted a highly offensive intrusion upon the solitude or seclusion of O'Hare's private residential spaces thereby causing O'Hare emotional distress, insecurity, concern for the safety of his family, and loss of privacy interest in the non-public portions of his home. 25 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 26 of 36 Count X Denial of Equal Protection 148. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs I through 147. 149. Thrasher denied O'Hare equal protection by denying O Hare a vested property interest to a metal roof with no rational basis and/or based on invidious contempt; spite, personal taste, or other illegitimate government interest with willful disregard to the Town's Code 150. As a result of the aforementioned conduct, O'Hare has been forced to endure two hurricane seasons without a properly weatherproofed roof, was unable to acquire homeowner insurance because he lacked a completed roof, and was forced to mend and repair leaks caused by storm events otherwise preventable by a proper roof. O'Hare was also caused to endure costly appeals and suffered emotional distress stemming directly from Thrasher's harassing treatment and indirectly from the anxiety, pain, and suffering of his family stemming from the adverse living conditions caused directly by Thrasher. 151. Thrasher caused all of the harms noted in Count I thru X above. COUNT XI First Amendment Retaliation 152. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs Ithrough 151. 153. In the altemative, Thrasher denied O'Hare's metal roof permit because O'Hare had exhibited dissidence towards one of the Town's employees, Ginsberg, when O'Hare called Ginsberg a "racist' and a "Barney Fife" in September, 2011 . 26 Case 9.13-cv-B1053-XXXX Document 1 Entered on FLSD Docket 1011712013 Page 27 of 36 154. Town Manager Thrasher caused all of the harms noted in Count 30 COUNT XII Illegal Seizer under the Fourth and Fourteeuth Ameodments 155. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs I through 154. 156. On or about November 22, 2011, Gorel illegally seized O'Hate and his trees when he ordered O'Hare to move the trees planted in the Right of Way of O'Hare's property. 157. O'Hare was seized without probable cause of a violation of law and/or with the intentions to retaliate against O'Hare for his dissidence stemming from speech and/or invidious spite. The seizure of O'Hare was otherwise unreasonable in scope and duration when Gorel ordered Chris to personally remove the plants. 158. O'Hare suffered emotional distress, a deprivation of dignity, and was forced to personally undertake an extremely laborious task. COUNT XIII Conversion of Chattels or Trespass to Chattels 159. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs 1 through 158. 160. On or about November 21, 2011, Gorel intentionally and illegally exhibited domain over O'Hare's plants when he ordered O'Hare to move the plants on his property causing O'Hare time and labor to comply with Gorel's order and depriving O'Hare of his property interest in exclusive control of his chattels, and causing O'Hare emotional distress from Gorel's assault on O'Hare's dignity and all harms noted in Count XII. 27 Case 9;13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10117/2013 Page 28 of 36 COUNT XIV Illegal Seizer under the Fourth and Fourteeath Amendments—Supervisory& Municipal Liability 161. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs I through 160. 162. Thrasher, the chief executive policymaker for the Town, had supervisory and municipal liability for Gorel's November 22, 2011 seizure of O'Hare and O'Hare's property because Thrasher was aware of Gorel's actions, they were in constant telephone contact, and Thrasher ratified Gorel's actions, affirmatively and by silence. 163. The Town's unwritten policy of planting in the right of way, through the Town Commission's 2004 discussion, caused Gore] to illegally search and seize O'Hare and his property without probable cause or reasonable suspicion of a violation of law. 164. O'Hare's harms are identical to those noted in Count XII. COUNT XV Denial of Equal Protection under the Fourteenth Amendment 165. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs I through 164 166. Gorel, the Town, and Thrasher denied O'Hare equal protection when Gorel, tinder supervision of Thrasher, forced O'Hare to remove and transplant several trees, on November 21, 2011, under the Town custom of not allowing plants in the public right of way adjacent to O'Hare's property while allowing then Commissioner Anderson and other property owners to engage in the same behavior without action and, therefore, without a rational basis. 167. O'Hare suffered the same harms noted in Count X11. 28 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 29 of 36 COUNT XVI Denial of Due Process under the Fourteenth Amendment 168. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs I through 167 169. On or about May 30, 2012, the Town denied O'Hare's appeal of Thrasher's decision denying O'Hare's property interest in a metal roof because the Commission, sitting as the Board of Adjustment, was suspicious of the veracity of Engineer Lunn's certification. The Town denied O'Hare's permit for a metal roof, a property interest he was lawfully entitled to under the Town Code because of concern of fraud, without giving O'Hare a hearing to present evidence to allay any factual concerns that the Board may have had with Engineer Lunn's certification. 170. In the alternative, the Board pre -textually denied O'Hare's appeal with spite, insidious, or retaliatory motive in violation of equal protection. 171. The Town also did not meaningfully notice O'Hare that his Board of Adjustment Appeals would concern the legal or factual issues surrounding the impact of an engineer's report under the Town Code. 172. The aforementioned Board actions causing O'Hare to live without a completed roof, hurricane insurance and to undergo costly appeals and suffer emotional distress, anxiety from the numerous severe storms (including hurricanes and tropical storms) that frequent South Florida, and a basic enjoyment of life. 29 Case 9,13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/1712013 Page 30 of 36 COUNT XVII Failure to Hire. Train & Supervise 173. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs 1 through 172. 174. The Town, to this date, still has no procedural guidelines for Code Enforcement officers despite, during the most recent final budget hearing on September 17, 2013, Commissioner Ganger's request for the town to adopt code enforcement training or hire an outside agency for training. To date, the commission failed to investigate code enforcement employee training. 175. The Town, acting with gross negligence, reckless disregard, and/or deliberate indifference to O'Hare's constitutional rights to property, liberty, speech, and equal protection under the Fourteenth Amendment of the Constitution, hired Thrasher, Ginsberg, Gorel, and Minor and failed to train same, or failed to supervise same, or failed to provide a standard code of conduct or procedural guide for same, and as a direct result Thrasher, Ginsberg, Gore) and Minor violated O'Hare's constitutional rights causing any and all harms in the aforementioned counts. 176. Thrasher, the chief executive policymaker for the Town, acting with deliberate indifference to constitutional rights, recklessly, trained, supervised, and/or hired Ginsberg and Gorel as the code enforcement officers, and Minor as the Town Planning Consultant, without the benefit of code enforcement guidelines. As a direct result, O'Hare has suffered deprivations of constitutional rights and all of the aforementioned harms in any and all of the aforementioned counts. 30 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 1011712013 Page 31 of 36 COUNT XVIII Florida Negligent Hiring, Supervising. Training of Ginsberg. Gore]. Minor and Thrasher 177. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs 1 through 176. 178. Under Florida Statute 768'28, the Town, as an employer, negligently hired, trained, or supervised Thrasher in code enforcement actions, including his failure to designate O'Hare's home as an "OtherNarious" style despite being so designated such under town Code 70-215, which caused O'Hare to be refused for his hurricane -rated garage door permit causing embarrassment, frustration, and emotional distress and potential damage from a future storm. 179. The Town's failure to train Thrasher caused him to negligently interpret the law and for O'Hare to be denied a metal roof, despite O'Hare's clear and unambiguous entitlement for that vested property interest, after the submission of an engineer's certification, under the Town Code, causing O'Hare to live without a completed weather-proof roof, to live with a leaking roof, to live without the ability to get hurricane insurance for over a year, as well as embarrassment, frustration, and emotional distress. 180. Thrasher negligently interpreted Town Code 70-32 "open front lawns" provision to carry the force of law, failed to recognize the term as unconstitutionally vague before enforcement, failed to determine a definitive and published interpretation, and therefore lacked probable cause before enforcement. This caused O'Hare to undergo a hearing before Donlon, costing O'Hare legal fees, emotional distress, and frustration. 31 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 32 of 36 181. Under the same statute, Thrasher negligently trained cr supervised Ginsberg in conducting code enforcement actions, and Minor as the Town Planning Consultant, which caused O'Hare emotional distress, harms to privacy, harms to dignity, embarrassment, and frustration. 182. Thrasher negligently trained or supervised Gorel and Minor when Thrasher consulted with Gorel and Minor about plantings in the right of way after Gorel's seizure of O'Hare, and consulted with Minor about Town Planning issues against O'Hare, causing O'Hare emotional distress, embarrassment, frustration, and the pains of labor. 183. The Town was negligent in failing to exercise reasonable care to consider the plane language of their own code when it caused O'Hare to undergo a code enforcement hearing without a neutral decision maker after failing to appoint Donlon per the requirements of the Town Code, causing O'Hare legal fees, emotional distress, frustration, and the lost profits stemming from the inability to attend to his business COUNT XIX Denial of Due Process 184. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs I through 183 185. Donlon denied O'Hare Due Process when she issued a vague order on April 2, 2013, demanding O'Hare open up his front lawn and to return it to its "preexisting condition" without specifying a particular date. Although O'Hare attempted to comply with the vague order, he was forced to remove a good portion of his plants at a cost of thousands of dollars or face $100 a day fine. 32 Case 9;13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 33 of 36 186. The Town of Gulf Stream denied O'Hare Due Process when they prosecuted him in a code enforcement hearing without a neutral magistrate due to the fact that Donlon was unlawfully appointed and not a legally recognized Magistrate, thereby acting in clear absence of any jurisdiction. 187. The Town denied O'Hare Due Process when it enforced a false Order issued by Dolan who was unlawfully appointed and not a legal Magistrate, thereby acting in clear absence of any jurisdiction and thus creating false documents under the color of authority, thereby £biting O'Hare to take remedial action on his property or be fined. 188. The Town denied O'Hare Due Process when his property, both real and monetary, was placed in jeopardy under the "open front lawns" portion of the code without notice that the "open front lawns" portion carried the force of law and because the Town enforced an unconstitutionally vague law. 189. The Town denied O'Hare Due Process when his property, both real and monetary, was placed in jeopardy by Donlon, based solely upon Thrasher's falsified evidence concerning the consistent enforcement of open front lawns and the "grandfathering" of other properties presented at the Code Enforcement Hearing because Thrasher and prosecutor John Randolph knew this evidence was false prior to the hearing or knew subsequent to the hearing, and failed to correct it, which caused Donlon to enter judgment against O'Hare and for O'Hare to spend over $5,000 to bring his front lawn into conformance with that order, as well as emotional distress, time, and the pains of labor, 33 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 1011712013 Page 34 of 36 COUNT XX Intentional Infliction of Emotional Distress 190. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs I through 189. 191. Thrasher and Minor intentionally misrepresented and misapplied code section 70-150 to incorrectly read that some plants were prohibited when the code correctly simply reads that these some plants are "typically found." 192. On or about March 5, 2012, Ginsberg intentionally used his position as a police officer to intimidate O'Hare by staring him down and banging on his front door, harassing him while O'Hare unloaded a trailer in his driveway, causing O'Hare emotional distress and to fear for his safety. COUNT)M Slander 193. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs 1 through 192. 194. On or about March 5, 2012, Ginsberg maliciously told Gundlach to be careful and not to do what O'Hare said, and that the "Town had O'Hare's number" — each false and defamatory statements — causing O'Hare to lose the confidence of his workers, negatively affecting his contractual relationship with them. 34 Case 9:13-cv-81053-XXXX Document 1 Entered on FLSD Docket 10117/2013 Page 35 of 36 COUNT 30M Malicious Prosecution/Abuse of Process 195. Plaintiff re -alleges and re -avers each of the allegations set forth in the above Paragraphs I through 194. 196. The Town, Minor, and Thrasher, the chief executive policy enforcer for the Town, in furtherance of retaliation or based upon animus, investigated, instigated, and otherwise participated in the prosecution of O'Hare on or about November 5, 2012, under the misuse of the Town Code Sec. 58-138(b), 70-150, and 70-146 without probable cause which were later dismissed by the April 2, 2013, order of Donlon, causing O'Hare to accrue legal fees and suffer emotional distress. Demand For Jury Trial Plaintiff demands a trial by jury on all issued so triable. WHEREFORE, Plaintiff demands judgment against Defendants in an amount within the jurisdictional limits of the court, to wit in excess of Fifteen Thousand Dollars ($15,000), plus attorneys' fees, costs, roof repairs, punitive damages wherever applicable, and any other reasonable determinations this honorable court deems just and proper. Plaintiff also demands any equitable remedies against Defendants, including Building Official for the City of Delray Beach, which is under an interlocal agreement with the Town of Gulf Stream to provide building inspection services for the Town but not limited to, rehearings wherever applicable, the imposition of procedural safeguards wherever 35 Case g:13-cv-81053-XXXX Document 1 Entered an FLSD Docket 10/1712013 Page 36 of 36 applicable for same, the imposition of federal oversight under the Fourteenth Amendment wherever applicable, and any other reasonable equitable or remedial actions this honorable court deems just and proper. I HEREBY CERTIFY that a true & correct copy was furnished, via electronic filing, on October 16, 2013. ROBERTS. GERSHMAN, ESQUIRE 2160 W. Atlantic Avenue, 2d FL Delray Beach, FL 33445 (561)684-8898 (telephone) robert@rglawfirm.us s// Robert Gershman ROBERTS. GERSHMAN Florida Bar No. 917397 36 JO.L IEuTOS 11 ER. Jnn ulvr_sluuos,PA John C. Randolph Attorney 561.650-0458 Fax: 561-650-5300 jrandolph@jonesfostercom June 15, 2015 Nowlen, Holt & Miner, P.A 515 North Flagler Drive Suite 1700 West Palm Beach, FL 33401 Re: Town of Gulf Stream Our File No 13147 1 Gentlemen. I am the attorney for the Town of Gulf Stream, Florida Pursuant to your request for information regarding pending or contemplated suits, judgments or claims against the Town, please be advised as follows. Attached is the status of lawsuits filed against the Town by Town residents Christopher O'Hare, Martin O'Boyle and related entities Most of these cases are cases alleging violation by the Town of the State's Public Records Law. In the event of success in these cases, Plaintiffs would be entitled to attorney's fees There are cases pending that are being defended on behalf of the Town through its insurance carrier by Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A. I recommend you contact Jeff Hochman with that firm to get a status update in regard to those cases. Cases not noted as dealing with the public records act relate to Petitions for Writ of Certiorari, for Mandamus or, in the alternative, Complaint for Declaratory and Injunctive Relief. There is one suit currently pending, which is a suit initiated by the Town against Christopher O'Hare relating to the requirement to remove a boat which the Town contends is not authorized to anchor on certain designated property within the Town. Please also note there is a suit, Town of Gulf Stream and Wantman Group, Inc. vs Martin O'Boyle etc., et al, which has been filed by the law firm of Richman Greer. Please advise if there is further information you need in regard to any of these matters. Since 1924 1 West Palm Bunch I Jupiter 11:1,06 l o1wr -linear SOi youth H.rgler Uthe. Suite 1100 Wca him Nadi, 1'Inrida 33401 www jmmsfoster.cum Nowlen, Holt & Miner, P.A. June 15, 2015 Page 2 This will confirm as correct the advice given you by the Town that we are aware of no material contingencies relating to unascertained claims and assessments involving matters with respect to which this firm has been engaged and to which it has devoted substantial attention on behalf of the Town in the form of legal consultation and representation. The information set forth herein is as of the date of this letter. Except as otherwise noted, we disclaim any understanding to advise you of changes which may hereafter be brought to our attention This response is limited by, and in accordance with, the ABA Statement of Policy regarding lawyers' responses to auditors' requests for information (December 1975); without limiting the generality of the foregoing, the limitations set forth in such Statement on the scope and use of this response (Paragraphs 2 and 7) are specifically incorporated herein by reference, and any description herein of any "loss contingencies" is qualified in its entirety by Paragraph 5 of the Statement and the accompanying Commentary (which is an integral part of the Statement). Consistent with the last sentence of Paragraph 6 of the ABA Statement of Policy, and pursuant to the Town's request, this will confirm as correct the Town's understanding as set forth in its audit inquiry letter to me that whenever, in the course of performing legal services for the Town with respect to a matter recognized to involve an unasserted possible claim or assessment that may call for financial statement disclosure, we have formed a professional conclusion that the Town must disclose or consider disclosure concerning such possible claim or assessment We, as a matter of professional responsibility to the Town, will so advise the Town and will consult with the Town concerning the question of disclosure and the applicable requirements of Statement of Financial Accounting Standards No 5 Sincerely, JONES, WSTER, JOHNSTON & STUBBS, P A ,1 hn C Randolph JCR/ssm Enclosure cc: William H Thrasher, Town Manager p:ldoaM14710000111U11mc67B0 docx TOWN OF GUL STREAM O'HARE/O'BOYLE CASES File No. 13147: 33 Christopher F. O'Hare vs Town of Gulf Stream Case No 502013CA015012 AJ Served 10/3/13 Public Records Act 34 Christopher F. O'Hare vs Town of Gulf Stream Case No 502013CA015380 AF Served 10/11/13 Public Records Act 35 Christopher F. O'Hare vs Town of Gulf Stream, William Thrasher and David Ginsberg Case No 9:13-cv-81053 KLR Served 10/17/13 Complaint for Legal Damages and Other Relief Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A. 36 Christopher F O'Hare vs Town of Gulf Stream Case No 502013CA016864 AD Served 12/11/13 Public Records Act .37 Christopher F O'Hare vs Town of Gulf Stream Case No. 502013CA017717 AA Served 12/5/13 Public Records Act 4/1/15 Order Deny O'Hare's Amended/Supplemental Motion Disqualify Defense Counsel 5/1/15 Petition for Writ of Certiorari to 4th DCA — Case No. 4D15-1700 5/26/154 Ih DCA Order Denying Petition for Writ of Certiorari 38 Christopher F O'Hare vs Town of Gulf Stream Case No 502013CA017793 AA Served 12/11/13 Public Records Act 39 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CA018093 AA Served 12/17/13 Public Records Act----------- 40 Christopher F. O'Hare vs Town of Gulf Stream Case No 502013CA018095 AA Served 1/10/14 Public Records Act 41 Christopher F O'Hare vs Town of Gulf Stream Case No 502013CA018098 AA Served 1/17/14 Public Records Act 42 Christopher F O'Hare vs Town of Gulf Stream and William H. Thrasher, Jr. Case No. 2014CA000720 Al Served 1/21/14 Injunctive and Declaratory Relief RE: Denial of Shooting Range Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A. .43 Christopher F O'Hare vs Town of Gulf Stream Case No 502013CA018100 AA Served 1/21/14 Public Records Act .44 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CA018101 AA Served 2/13/14 Public Records Act 45 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CA18102 AA Served 1/24/14 Public Records Act 4/28/14 VOLUNTARILY DISMISSED .46 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CAOOOS18 AG Served 2/13/14 Public Records Act 5/9114 VOLUNTARILY DISMISSED .47 Christopher F. O'Hare vs Town of Gulf Stream Case No 502014CA000824 AA Served 2/13/14 Public Records Act 48 Christopher F. O'Hare vs Town of Gulf Stream Case No, 502014CA000835 AG Served 2/13/14 Public Records Act .49 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CA000894 AN Served 2/17/14 Public Records Act 50 Martin E. O'Boyle vs Town of Gulf Stream Case No. 502014CA000834 AH Served 2/20/14 Public Records Act .51 Marlin E. O'Boyle vs Town of Gulf Stream Case No. 502014CA001572 AJ Served 3/10/14 Public Records Act .52 Christopher F. O'Hare vs Town of Gulf Stream Case No 502014CA001776 AA Served 2/18/14 Public Records Act 53 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CA01833 AA Served 2/21/14 Petition for Writ of Mandamus, or in alternative, Complaint for Declaratory And Injunctive Relief .54 Martin E. O'Boyle vs Town of Gulf Stream Case No 502014CA02607 Verified Complaint Emergency Temporary Relief 3/5114 VOLUNTARILY DISMISSED .55 Martin E O'Boyle vs Town of Gulf Stream USDC Case No 14-80317 CIV Middlebrooks Served 3/5/14 Complaint for Emergency Temporary Injunctive Relief Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P A. 3131/15 Order on Cross Motions for Summary Judgment Gulf Stream's MSJ (DE 59) Granted O'Boyle's MSJ (DE 62) Denied Close case deny pending motions as moot 56 Christopher F. O'Hare vs Town of Gulf Stream Case No 502014CA002311 AN Served 3/11/14 Public Records Act 57 Martin E. O'Boyle vs Town of Gulf Stream Case No. 502014CA002728 AO Served 3/14/14 Public Records Act 58 Citizens Awareness Foundation, Inc. vs Town of Gulf Stream Case No. 2014CA003396 AB Served 3/21/14 Public Records Act VOLUNTARILY DISMISSED 4125/14 59 Stopdirtygovernment, LLC vs Town of Gulf Stream Case No 502014CA003721 AH Served 3/31/14 Public Records Act .60 Martin E O'Boyle vs Town of Gulf Stream Case No 502014CA004474 AA Served 4/16/14 Public Records Act 61 Town of Gulf Stream vs Christopher F. O'Hare Case No : 2014CA004631 AE Filed 4/7/14 BOAT REMOVAL COMPLAINT 62 Martin E. O'Boyle vs Town of Gulf Stream Case No. 502014 CA 005189 AE Served 5/6/14 Public Records Act 3/27/15 — Final Judgment— Declaratory, injunctive relief denied 4/28/15 — Order Denying GS's Motion for Entry of Amended FJ, Clarification of 3/30 Final Judgment and Denying O'Boyle's Motion for Reconsideration 5/5/15 —APPEAL TO 4T" DCA 4015-1762 63 Martin E O'Boyle and Christopher F O'Hare vs Town of Gulf Stream Case No 502014CA005628 AA Served 5/12/14 Pub4ic Regis Act .64 Citizens Awareness Foundation, Inc. vs Town of Gulf Stream and Brannon Gillespie, LLC Case No 502014CA006112 AG Served 5/22/15 Public Records Act .65 Citizens Awareness Foundation, Inc vs Town of Gulf Stream Case No. 502014CA006360 AN Served 5/30/14 Petition for Writ of Mandamus, or in alternative, Complaint for Declaratory and Injunctive Relief .66 Christopher F. O'Hare vs Town of Gulf Stream Case No 502014CA006848 AB Served 6/11/14 Public Records Act 67 CG Acquisition Company, Inc Vs Town of Gulf Stream Case No. 502014CA007123 AA Served 6/18/14 Public Records Act 68 Christopher F. O'Hare vs Town of Gulf Stream Case No: 502014CA007327 AY Served 6/27/14 Petition for Writ of Certiorari 4/27115 Affirmed - Petition for Writ of Certiorari Denied .69 Martin E O'Boyle vs Town of Gulf Stream Case No. 502014CA008076 AD Served 7/13/14 Public Records Act 70 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CA008142 AB Served 7/7/14 Public Records Act 71 Christopher F O'Hare vs Town of Gulf Stream Case No: 502014CA008327 AF Served 7/10/14 Public Records Act 72 Christopher F. O'Hare vs Town of Gulf Stream G ase-No=502014CA007516-AD Served 7/17/14 Public Records Act 73 Stopdirtygovernment, LLC and Martin E. O'Boyle vs Town of Gulf Stream Case No. 502014CC008529 RL Served 7/25/14 Public Records Act 74 Asset Enhancement, Inc. vs Town of Gulf Stream Case No: 502014CA010216 AF Served 9/10/14 Public Records Act 75 Martin E O'Boyle vs Robert A. Sweetapple, Mayor Scott Morgan Case No. 2014CA011052 AO Served 9/15/14 Slander, Retaliation, Conspiracy 9/12/14 Removed to Federal Court USDC Case No. 9:14cv-81250 KAM Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A. 76 NO FILE 77 Martin E. O'Boyle vs William H Thrasher, Garret Ward, Town of Gulf Stream Case No 2014CA011806 AB Served 9/30/14 Battery, Assault, Unlawful Seizure 10/18/14 Removed to Federal Court USDC Case No. 9:14cv-81248 DTKH Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A. 78 Martin E O'Boyle; Airline Highway, LLC; Commerce Group, Inc.; Commerce Realty Group, Inc; CRO Aviation, Inc.; Our Public Records, LLC, CG Acquisition, Inc. vs Town of Gulf Stream Case No. 2014CA011940 AO Served 11/6/14 Public Records Act 79 Christopher F. O'Hare vs Town of Gulf Stream Case No. 2014CC010685 RE Served 11/11/14 Public Records Act 80 Christopher F O'Hare vs Town of Gulf Stream Case No 2014CC010712 RB Served 11/11/14 Public Records Act .81 Martin E O'Boyle vs Jones Foster Service, LLC and Town of Gulf Stream Broward County Case No 14-147780 Served 2/16/16 Statement of Claim $117.50 82 Martin E. O'Boyle vs Town of Gulf Stream Case No. 2014CCO15050 RL (County Court) Served 1/7/15 Public Records Act 4/23/15 Transferred to Circuit Civil — New Case No. 502015CA004564XXXXMB AA .83 Christopher O'Hare vs Town of Gulf Stream Case No 2014CCO 12269 AA Served 1/10/15 Public Records Act 84 Christopher O'Hare vs Town of Gulf Stream Case No. 2014CCO12274 RJ (County Court) Served 1/10/15 Public Records Act 4/24/15 Transferred to Circuit Court — Case No 2015CA006067 AB 85 Martin O'Boyle vs Town of Gulf Stream Case No. 2015CA001498 AI Filed 2/6/15 Inverse Condemnation, Ejectment and Trespass Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A. 86 Town of Gulf Stream and Wantman Group, Inc. vs Martin E. O'Boyle; Christopher O'Hare, William Ring; Jonathan R. O'Boyle; Denise DeMartini, Giovani Mesa; Nicklaus Taylor, Ryan Witmer; Airline Highway LLC; Commerce GP, Inc., CG Acquisition Co., Inc.; CRO Aviation, Inc.; Asset Enhancement, Inc; Commerce Realty Group, Inc, Public Awareness Institute, Inc.; Citizens Awareness Foundation, Inc.; Our Public Records, LLC, Stop Dirty Government, LLC; Commerce Group, Inc , The O'Boyle Law Firm, P C , Inc. USDC Case No. 9:15-cv-80182 KAM Filed 2/12/15 RICO CLASS ACTION COMPLAINT — Richman Greer 87 Martin O'Boyle and Asset Enhancement, Inc. vs Town of Gulf Stream, Scott Morgan, John Randolph, Robert Sweetapple and Joanne O'Connor Case No. 2015CA001737 AJ Served 3/6/15 Public Records Act ProSight File No. EWR-00035233 Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A. p:WoW 13147\00033\doc1110540 docx JONES FOSTER JOHNSTON&STUBBS, P.A. John C. Randolph Attorney 561-650-0458 Fax: 561-650-5300 irandolph@jonesfoster.com May 11, 2016 Nowlen, Holt & Miner, P.A. 515 North Flagler Drive Suite 1700 West Palm Beach, FL 33401 Re: Town of Gulf Stream Our File No. 13147.1 Gentlemen: I am the attorney for the Town of Gulf Stream, Florida. Pursuant to your request for information regarding pending or contemplated suits, judgments or claims against the Town, please be advised as follows. Attached is the status of lawsuits filed and currently pending against the Town by Town residents Christopher O'Hare, Martin O'Boyle and related entities. Most of these cases are cases alleging violation by the Town of the State's Public Records Law. In the event of success in these cases, Plaintiffs would be entitled to attorney's fees. This firm is handling two non-public records suits on behalf of the Town. One was initiated by the Town against Christopher O'Hare relating to the requirement to remove a boat which the Town contends is not authorized to anchor on certain designated property within the Town. This firm is also handling an appeal to the 11th Circuit of a putative class action pursuant to the federal RICO law filed by the law firm of Richman Greer in which the Town is a named plaintiff. That suit was dismissed by the district court and the Town and the other named plaintiff, the Wantman Group, have appealed. See Town of Gulf Stream and Wantman Group, Inc. vs Martin O'Boyle etc., et al. As referenced on the attached, additional cases pending against the Town are being defended on behalf of the Town through its insurance carrier by Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A. I have indicated some general status information regarding those cases on the attached chart. I recommend you contact Jeff Hochman with that firm to get a status update in regard to those cases. Please advise if there is further information you need in regard to any of these matters Since 19241 West Palm Beach I Jupiter I Palm Beach FI l ' ('rmrr l'n':vrr W) South Platilcr Dl m•, Sniic 1100 West Palm Cavurh, hlrnida 33101 1V WiV.111nc-AnstCr.cam Nowlen, Holt & Miner, P.A. May 11, 2016 Page 2 This will confirm as correct the advice given you by the Town that we are aware of no material contingencies relating to unascertained claims and assessments involving matters with respect to which this firm has been engaged and to which it has devoted substantial attention on behalf of the Town in the form of legal consultation and representation. The information set forth herein is as of the date of this letter. Except as otherwise noted, we disclaim any understanding to advise you of changes which may hereafter be brought to our attention. This response is limited by, and in accordance with, the ABA Statement of Policy regarding lawyers' responses to auditors' requests for information (December 1975); without limiting the generality of the foregoing, the limitations set forth in such Statement on the scope and use of this response (Paragraphs 2 and 7) are specifically incorporated herein by reference, and any description herein of any "loss contingencies" is qualified in its entirety by Paragraph 5 of the Statement and the accompanying Commentary (which is an integral part of the Statement). Consistent with the last sentence of Paragraph 6 of the ABA Statement of Policy, and pursuant to the Town's request, this will confirm as correct the Town's understanding as set forth in its audit inquiry letter to me that whenever, in the course of performing legal services for the Town with respect to a matter recognized to involve an unasserted possible claim or assessment that may call for financial statement disclosure, we have formed a professional conclusion that the Town must disclose or consider disclosure concerning such possible claim or assessment. We, as a matter of professional responsibility to the Town, will so advise the Town and will consult with the Town concerning the question of disclosure and the applicable requirements of Statement of Financial Accounting Standards No. 5. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. /aohn C. Randolph JCR/ssm Enclosure cc: William H. Thrasher, Town Manager p:ldocs113147\00001 klocll pf0251.docx AUDIT RESPONSE DATED MAY 26, 2016 TOWN OF GUL STREAM O'HARE/O'BOYLE CASES File No. 13147: .33 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CA015012 AJ Served 10/3/13 Public Records Act 34 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CA015380 AF Served 10/11/13 Public Records Act .35 Christopher F. O'Hare vs Town of Gulf Stream, William Thrasher and David Ginsberg Case No. 9:13-cv-81053 KLR Served 10/17/13 Complaint for Legal Damages and Other Relief (Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A.) 9/8/15 Final Judgment for Defendant Ginsberg 10/5/15 Appealed to 11th Circuit— Case No. 15-14528 E 1/27/16 Appeal Dismissed for Lack of Jurisdiction 4/29/16 O'Hare Motion to Reopen Case before District Court 36 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CA016864 AD Served 12/11/13 Public Records Act .37 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CA017717 AA Served 12/5/13 Public Records Act .38 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CA017793 AA Served 12/11/13 Public Records Act 39 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CA018093 AA Served 12/17/13 Public Records Act .40 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CAO18095 AA Served 1/10/14 Public Records Act .41 Christopher F. O'Hare vs Town of Gulf Stream Case No 502013CA018098 AA Served 1/17/14 Public Records Act .43 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CA018100 AA Served 1/21/14 Public Records Act .44 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502013CA018101 AA Served 2/13/14 Public Records Act .45 4/28/14 VOLUNTARILY DISMISSED .46 5/9/14 VOLUNTARILY DISMISSED .47 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CA000824 AA Served 2/13/14 Public Records Act .48 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CA000835 AG Served 2/13/14 Public Records Act .49 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CA000894 AA Served 2/17/14 Public Records Act 50 Martin E. O'Boyle vs Town of Gulf Stream Case No. 502014CA000834 AH Served 2/20/14 Public Records Act On Trial Docket 9/19/16 — 10/14/16 .51 Martin E. O'Boyle vs Town of Gulf Stream Case No. 502014CA001572 AJ Served 3/10/14 Public Records Act .52 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CA001776 AA Served 2/18/14 Public Records Act 53 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CA01833 AA Served 2/21/14 Public Records Act .54 3/5/14 VOLUNTARILY DISMISSED .55 Martin E. O'Boyle vs Town of Gulf Stream USDC Case No. 14-80317 CIV Middlebrooks Served 3/5/14 Complaint for Emergency Temporary Injunctive Relief (Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A.) 3/31/15 Order on Cross Motions for Summary Judgment Gulf Stream's MSJ (DE 59) Granted; O'Boyle's MSJ (DE 62) Denied 9/2/15 O'Boyle Appealed to 11th Circuit Case No. 15-13964 G .56 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CA002311 AA Served 3/11/14 Public Records Act On Trial Docket 8/01/16 — 9/23/16 57 Martin E. O'Boyle vs Town of Gulf Stream Case No. 502014CA002728 AO Served 3/14/14 Public Records Act .58 VOLUNTARILY DISMISSED 4/25/14 .59 Stopdirtygovernment, LLC vs Town of Gulf Stream Case No. 502014CA003721 AH Served 3/31/14 Public Records Act .60 Martin E. O'Boyle vs Town of Gulf Stream Case No. 502014CA004474 AA Served 4/16/14 Public Records Act On Trial Docket 8/29/16 —11/4/16 .61 Town of Gulf Stream vs Christopher F. O'Hare Case No.: 2014CA004631 AE Filed 4/7/14 BOAT REMOVAL COMPLAINT .62 Martin E. O'Boyle vs Town of Gulf Stream Case No. 502014 CA 005189 AE Served 5/6/14 Public Records Act 3/27/15 — Final Judgment for Gulf Stream 5/5/15 —Appealed to 4T" DCA Case No. 4D15-1762 .63 Martin E. O'Boyle and Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CA005628 AA Served 5/12/14 Public Records Act .64 Citizens Awareness Foundation, Inc, vs Town of Gulf Stream and Brannon Gillespie, LLC Case No. 502014CA006112 AG Served 5/22/15 Public Records Act .65 Citizens Awareness Foundation, Inc. vs Town of Gulf Stream Case No. 502014CA006360 AA Served 5/30/14 Public Records Act .66 Christopher F. O'Hare vs Town of Gulf Stream Case No. 502014CA006848 AB Served 6/11/14 Public Records Act .67 CG Acquisition Company, Inc. vs Town of Gulf Stream Case No: 502014CA007123 AA Served 6/18/14 Public Records Act .69 Martin E. O'Boyle vs Town of Gulf Stream Case No: 502014CA008076 AD Served 7/13/14 Public Records Act 70 Christopher F. O'Hare vs Town of Gulf Stream Case No: 502014CA008142 AB Served 7/7/14 Public Records Act 71 Christopher F. O'Hare vs Town of Gulf Stream Case No: 502014CA008327 AF Served 7/10/14 Public Records Act 72 Christopher F. O'Hare vs Town of Gulf Stream Case No: 502014CA007516 AD Served 7/17/14 Public Records Act 73 1/12/16 Dismissed for Lack of Prosecution 74 Asset Enhancement, Inc. vs Town of Gulf Stream Case No: 502014CA010216 AF Served 9/10/14 Public Records Act 75 Martin E. O'Boyle vs Robert A. Sweetapple, Mayor Scott Morgan USDC Case No. 9:14cv-81250 KAM Served 9/15/14 Slander, Retaliation, Conspiracy (Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A.; 76 NO FILE 77 Martin E. O'Boyle vs William H. Thrasher, Garret Ward, Town of Gulf Stream USDC Case No. 9:14cv-81248 DTKH Served 9/30/14 Battery, Assault, Unlawful Seizure (Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A.) 1/14/16 11th Circuit Affirmed 2/5/15 Final Judgment for Town O'Boyle Appeal of 7/17/15 Final Judgment for Fees against O'Boyle ($10,304) 78 Martin E. O'Boyle; Airline Highway, LLC; Commerce Group, Inc.; Commerce Realty Group, Inc.; CRO Aviation, Inc.; Our Public Records, LLC; CG Acquisition, Inc. vs Town of Gulf Stream Case No. 2014CA011940 AO Served 11/6/14 Public Records Act 79 Christopher F. O'Hare vs Town of Gulf Stream Case No. 2014CC010685 RE Served 11/11/14 Public Records Act .80 Christopher F. O'Hare vs Town of Gulf Stream Case No. 2014CC010712 RB Served 11/11/14 Public Records Act 81 Martin E. O'Boyle vs Jones Foster Service, LLC and Town of Gulf Stream Broward County Case No. 14-147780 Served 2/16/16 Public Records Act (Statement of Claim $117.50) 82 Martin E. O'Boyle vs Town of Gulf Stream Case No. 2014CC0l5050 RL (County Court) Served 1/7/15 Public Records Act .83 Christopher O'Hare vs Town of Gulf Stream Case No. 2014CC012269 AA Served 1/10/15 Public Records Act .84 Christopher O'Hare vs Town of Gulf Stream Case No. 2014CC012274 RJ (County Court) Served 1/10/15 Public Records Act .85 Martin O'Boyle vs Town of Gulf Stream Case No. 2015CA001498 At Filed 2/6/15 Inverse Condemnation, Ejectment and Trespass (Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A.) .86 Town of Gulf Stream and Wantman Group, Inc. vs Martin E. O'Boyle; Christopher O'Hare; William Ring; Jonathan R. O'Boyle; Denise DeMartini; Giovani Mesa; Nicklaus Taylor; Ryan Witmer; Airline Highway LLC; Commerce GP, Inc., CG Acquisition Co., Inc.; CRO Aviation, Inc.; Asset Enhancement, Inc.; Commerce Realty Group, Inc., Public Awareness Institute, Inc.; Citizens Awareness Foundation, Inc.; Our Public Records, LLC, Stop Dirty Government, LLC; Commerce Group, Inc.; The O'Boyle Law Firm, P.C., Inc. RICO CLASS ACTION COMPLAINT — Richman Greer USDC Case No. 9: 1 5-cv-80182 KAM Filed 2/12/15 6/30/15 — Opinion and Order 7/1/15 — Judgment for Defendants 7/30/15 — Appealed to 11th Circuit, Case No. 15-13433 DD (Jones Foster handling Appeal) .87 Martin O'Boyle and Asset Enhancement, Inc. vs Town of Gulf Stream, Scott Morgan, John Randolph, Robert Sweetapple and Joanne O'Connor Case No. 2015CA001737 AJ Served 3/6/15 Public Records Act ProSight File No. EWR-00035233 (Johnson, Anselmo, Murdoch, Burke Piper & Hochman, P.A.) p?domYl 3147000011do61 pf0136.docx