HomeMy Public PortalAboutScott Morgan Transcript 8/12/15Page 1
IN THE FIFTEENTH JUDICIAL CIRCUIT COURT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 50 2014 CA 004631 AE
TOWN OF GULF STREAM,
Plaintiff,
Vs.
CHRISTOPHER F. O'HARE,
Defendant.
Town of Gulf Stream, Florida
Wednesday, August 12, 2015
12:25 p.m. - 1:15 p.m.
VIDEOTAPE DEPOSITION
OF
SCOTT MORGAN
Stenographically Reported by
Thomas R. April, RPR
Notary Public, State of Florida
Florida Court Reporting
561-689-0999
Electronically signed by Thomas April (501-241-322-6575(
Electronically signed by Thomas April (501-241-322-6575( d9001df6-2874.44f3-9426-2fe62c2aa387
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APPEARANCES:
ON BEHALF OF THE PLAINTIFF:
JONES FOSTER JOHNSTON & STUBBS, PA
505 South Flagler Drive
Suite 1100
West Palm Beach, Florida 3301
(561) 650-0419
BY: JAMES C. GAVIGAN, JR., ESQ.
ON BEHALF OF THE DEFENDANT:
GMM/MADISON, P.A.
401 South County Road, #3272
Palm Beach, Florida 33480-9991
BY: MARK J. HANNA, ESQ.
(561) 223-9990
And
LOUIS L. ROEDER, III, ESQ.
7414 Sparkling Lake Road
Orlando, Florida, 32819
(407) 758-4194
ALSO PRESENT: Christopher O'Hare (Videographer)
William Thrasher
I N D E X
WITNESS Direct Cross Redirect Recross
SCOTT MORGAN 3
EXHIBITS IDENTIFIED
Plaintiff's Exhibit E Complaint 35
Florida Court Reporting
561-689-0999
Electronically signed by Thomas April (501-241.322.6575)
Electronically signed by Thomas April (501.241.322.6575( d9001df6.2874.44f3-9426-2fe62c2aa387
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The videotape deposition of SCOTT MORGAN was
taken before me, Thomas R. April, RPR, Notary Public,
State of Florida at Large, at Town of Gulfstream Town
Hall, 100 Sea Road, Gulf Stream, Florida, on Wednesday,
August 12, 2015, beginning at 12:25 p.m., pursuant to
the notice in said cause for the taking of said
deposition, which is attached to the Court file herein,
at the instance of the Defendant in the above -entitled
cause pending in the above-named Court.
THEREUPON,
SCOTT MORGAN
being by me first duly sworn to tell the whole truth, as
hereinafter certified, testified as follows:
DIRECT EXAMINATION
Q. (BY MR. HANNA) Tell us your name.
Scott Morgan.
And what is your address?
1140 North Ocean Boulevard in Gulfstream,
A.
Q -
A.
Florida.
Q -
Gulfstream?
A.
Q.
A.
Q -
Do you have any position with the Town of
I'm currently the mayor.
Okay. When were you made the mayor?
I believe it was March or April of '14.
Okay. And when were you elected to the
Florida Court Reporting
561-689-0999
Electronically signed by Thomas April (501-241-322-6575)
Electronically signed by Thomas April (501-241-322-6575) d9001 df6-2874-44f3-9426-2fe62c2aa387
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commission?
A. In March.
Q. Okay. Of 2014?
A. Correct.
Q. When you ran for the election, you ran
against Martin O'Boyle?
A. Well, I ran for a seat.
Q. Well, yeah, for the seat.
A. On the commission, there were a number of
people running for it, existing commissioners.
Q. Right.
A. He and I were two who were not sitting
commissioners.
Q. And it was the people vote for five out of
the potential candidates?
A. Yes.
Q. And Martin O'Boyle was one of the people
runnings for it?
A. That's correct.
Q. Okay. And one of the positions that you had
when you were running for the commission was handling
the ongoing litigation with Martin O'Boyle and
Christopher O'Hare?
A. Well, I don't -- what do you mean by that?
Q. Well, what were you -- what were some of the
Florida Court Reporting
561-689-0999
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Electronically signed by Thomas April (501-241-322-6575) d9001 df6-2874.44f3.9426.2fe62c2aa387
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issues that you were raising when you were running for
commission?
A. One of the reasons that I decided to run for
a commission seat was because I felt that the town
should or would need someone who would have some
understanding of litigation, and would take a position
aggressively to protect the town from litigation, as I
saw it, by Mr. O'Hare and Mr. O'Boyle.
Q. Okay. And ultimately you were successful
with that election?
A. That's correct.
Q. Okay.
A. There are other reasons, by the way. But you
pointed to that one, so --
Q. Were any of the other -- I'm trying to keep
this short. I know there might be budget issues and
things like that.
A. Yeah, you're trying to keep it short. I'm
not sure
Q. Well, if you want to --
A. I am not sure how relevant that is to the
allegations in this complaint --
Q. We'll get to that.
A. -- against your client.
Q. We'll get to that. If you want to talk about
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what your other platform issues are, I'll give you that
opportunity.
A. I will answer your questions.
Q. Okay. What were your other platform?
A. I didn't have any platform.
Q. Okay. You had no other issues that you were
running on?
A. Well, you asked a question that I interpreted
as you were trying to find out why I wanted to run for
the commission. I didn't have formal platforms, nor did
I in writing list any that I would have.
Q. I asked you what your issues that you ran on.
A. Okay. I told you one.
Q. And I asked about one of them, and you said
there were other issues.
A. Sure, of course.
Q. And I'm giving you the opportunity, if you
want to talk about those, that's fine, or we can move
[.7:w
A. Well, I'll answer questions. You ask me a
question, and I will answer it.
Q. Okay.
A. If you want me to expostulate, I will.
Q. Well, you indicated that you had other issues
that you wanted to talk about; that I was unreasonably
Florida Court Reporting
561-689-0999
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limiting you to just this issue with Mr. O'Hare and Mr.
O'Boyle.
A. That's not true. I didn't say that.
Q. Okay.
A. You asked me a question.
Q. Yes.
A. I identified that issue.
Q. Okay.
A. I was just clarifying that there was other
issues as well.
Q. Okay.
A. You said that I made that comment to identify
an unreasonable approach. I didn't think that was an
unreasonable approach by you. I just wanted to clarify
the record.
Q. Okay. So you're elected to the commission?
A. Yeah.
Q. Okay. And you're made mayor?
A. Correct.
Q. Okay. When you were running for election,
were you aware of a boat that Mr. O'Hare had in Polo
Cove with pictures of various town officials on it?
A. I belive --
MR. GAVIGAN: Object to form.
A. I believe so.
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Q. Okay. Were you also aware of signs that Mr.
O'Hare had placed on his property in Avenue Au Soleil?
MR. GAVIGAN: Objection, form.
A. Election signs?
Q. Yeah, when you were running -- No, not
election signs. Signs, protest signs regarding public
officials.
A. On his property --
Q. On his property, while you were running for
election.
A. I don't recall that.
Q. Okay.
MR. GAVIGAN: On that last, let you ask one
or two other questions, but if it's -- I want --
this questioning has to relate to issues in the
case.
MR. HANNA: We're getting -- this is about
the boat. About the boat around the time the
election was in February, 2014. That's when this,
all this incident occurred.
Q. (BY MR. HANNA) When you became mayor, were
you made aware of notices of violation, code violations
that had been served on Mr. O'Hare regarding the boat in
Polo Cove?
A. At some point.
Florida Court Reporting
561-689-0999
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Electronically signed by Thomas April (501-241-322.6575) d9081df6.2874-44f0-9426-2fe62c2aa087
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Q. Okay.
A. I was made aware of the issues with the boat.
Q. Okay.
A. You asked me if I knew about it prior to the
election. I believe I did, but I can't recall.
Q. Okay.
A. That is, you know, were there complaints or
concerns about it.
Q. That's what I was going to ask you about.
Did you talk to anybody in Polo Cove before you were
elected regarding the complaints about the boat being in
Polo Cove?
A. I don't believe so.
Q. Okay. After you became a commissioner -- and
I believe -- when you were elected commissioner, you
also became mayor in the same meeting, and you were
sworn in, is that correct?
A. Within a meeting or two, I believe.
Q. Okay. Did you get any further complaints, or
did you get any complaints after you became a
commissioner and mayor regarding the boat in Polo Cove?
A. I don't recall.
Q. Okay.
A. I don't recall.
Q. Okay. Do you recall if the boat was still in
Florida Court Reporting
561-689-0999
Electronically signed by Thomas April (501.241.322.6575)
Electronically signed by Thomas April (501.241.322.6575) d9001 df6.2874.44f3.9426.2fe62c2aa387
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Polo Cove?
A. I believe it was.
Q. Okay. At some point, a lawsuit was filed
against Mr. O'Hare, are you aware of that?
A. Yes, I signed the complaint.
Q. Okay. Who did you discuss the allegations in
the complaint in formulating this complaint with?
MR. GAVIGAN: I just want to state any
communications with attorneys is attorney, client
privilege. Don't disclose the content of the
discussion.
A. Of course, counsel.
Q. Yes.
A. As well as Mr. Thrasher, and I believe Chief
Ward.
Q. Okay. What documents did you review?
A. I believe I saw the police report that is
attached to the complaint. There was a letter. Now, of
course, I saw those when I signed the complaint as well.
That's all I can recall.
Q. Okay. Did you review any of the property
records regarding Polo Cove?
A. I don't believe so.
Q. Okay. Did you discuss filing this lawsuit
with any of the other commissioners?
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A. No.
Q. So other than Mr. Thrasher and Mr. Randolph,
there was nobody else involved with deciding to file
this suit against Christopher O'Hare, is that correct?
A. To my knowledge.
Q. Yes. Was this before you were named by the
commission to lead litigation against Mr. O'Hare and Mr.
O'Boyle?
MR. GAVIGAN: Objection, form.
A. What do you mean by that?
Q. Well, at some point, hadn't you been given
the duty by the commission to be the point person
concerning the litigation in this case?
MR. GAVIGAN: Objection, form.
A. Well, I'm the mayor, so that would make
sense.
Q. Okay. As mayor, one of your duties as mayor
is to direct litigation?
MR. GAVIGAN: Objection, form.
A. What do you mean by direct?
Q. I mean by direct, by giving orders and
guiding, making executive decisions.
A. No, that's not accurate.
Q. Okay. Well, what is -- you're the one who
said it, as mayor, you would be doing this. Why as
Florida Court Reporting
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mayor?
A. No, you did.
Q. No.
A. You're the one who said that I was charged
with -- I think you used the word, like, handling
litigation, overseeing litigation, and I was trying to
understand exactly what you meant.
Q. Okay. As the mayor, is it your duty to
direct litigation that's undertaken by the town?
A. I wouldn't say that that's my duty.
Q. Okay.
A. I think that's been quite clear from the
commissioners, that one of the reasons I was named as
mayor was because of my litigation experience; and that
it would be appropriate for me to oversee the
litigation, not just with O'Hare and O'Boyle, but any
other litigation or legal issues we might have in this
town, and to work with counsel to advance claims and
defenses relative to those cases.
Q. Okay.
A. Is that clarified enough?
Q. You gave a very, very good answer. Thank you
very much.
A. You're welcome.
Q. Now, regarding when you came in to -- onto
Florida Court Reporting
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the commission, did you check to see if the boat was
still in Polo Cove?
A. I don't believe I have ever seen the boat.
Q. Okay. Do you know if the boat was still in
the water before this lawsuit was filed?
A. I believe it was.
Q. Okay.
A. My understanding of it was the boat was there
for some period of time.
Q. Uh-huh.
A. Then it was removed and returned. I don't
remember when that occurred.
Q. Okay.
A. So I don't know exactly.
Q. Okay. Why did you decide to file the lawsuit
and not pursue the code enforcement violations?
A. Personally, I think the most effective way to
remove the boat is through a legal mechanism, the
lawsuit. And I believe that once the suit was filed,
the boat was removed.
Q. Okay.
A. So I think that reasoning is validated.
Q. Okay. If the boat had been removed prior to
this institution of this lawsuit, would that have
changed anything for you?
Florida Court Reporting
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Electronically signed by Thomas April (501-241-322-6575) d9001 df6-2874-44f3-9426-2fe62c2aa387
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A. I suspect the boat would have been removed by
Mr. O'Hare as a result of the letter that he received to
move it.
Q. From the --
A. From the lawsuit. And I don't know, but I
assume counsel may have notified his counsel. I really
don't know. All I know is the boat was moved out of the
cove.
Q. And it was because of town action. Your
belief is that because of town action, that's why the
boat was removed?
A.
I believe, my personal belief
is, yes.
Q.
Okay. Are you familiar with
Polo Cove?
A.
Somewhat. I have not lived there,
but I'm
familiar
with Polo Cove.
Q.
Do you know people that live
on Polo Cove?
A.
I know some people who are on
the cove.
Q.
Do you have a boat?
A.
No, not here.
Q.
Okay. Have you ever gone on
a boat into Polo
Cove?
A. I don't think so.
Q. Okay. Are you familiar with the entrance to
Polo Cove?
A. I think it's a cut off the Intracoastal.
Florida Court Reporting
561-689-0999
Electronically signed by Thomas April (501-241-322-6575)
Electronically signed by Thomas April (501-241-322-6575) d9001 df6.2874.44f3.9426.2fe62c2aa387
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Q. Right. Are you aware of any signage in that
cut blocking the entranceway or notifying that it's
public property or private property?
A. No.
Q. Are you familiar with a mooring field?
A. With a mooring field?
Q. Yes.
A. No.
Q. The Florida statutes regarding having a
mooring field?
A. That would call for a legal conclusion
regarding --
Q. Okay.
A. -- the Florida statute. I'm not familiar
with it.
Q. Okay. Well, you're an attorney, correct?
A. I have heard of mooring field, that term, but
I don't know what that means, specifically, under the
statute that you just referred to.
Q. You're an attorney, correct?
A. I have a legal license.
Q. You're licensed in Pennsylvania, you're a
litigator for 20 years, I think. I'm trying to cut to
the chase with the -- that you're a litigator for, like,
20 years. I'm going from the prior deposition.
Florida Court Reporting
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A. Right, you know the answers to these, because
I've said numerous times.
Q. Correct, and but we're dealing with one
transcript here, so that's why I'm covering this
information.
A. What's your question?
Q. So I'm just asking you, is that accurate,
that you're licensed in Pennsylvania; you were a
litigator for about 20 years or so?
A. Yes.
Q. Okay. Does Gulf Stream have a mooring field
ordinance?
A. I don't believe so.
Q. Okay. Since you have been on the commission,
has there been any discussion about enacting a mooring
field?
A. I don't believe so.
Q. Okay. What's the basis for the claim that
the Town of Gulf Stream owns Polo Cove?
MR. GAVIGAN: Objection, form.
A. The town does own Polo Cove.
Q. What's the basis for that?
A. It owns it.
Q. What are you -- other than your statement
that the town owns it, what are you justifying that on?
Florida Court Reporting
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MR. GAVIGAN: Objection, form.
A. It has the property ownership of that cove.
I'm not quite sure what -- if you ask me how to justify
ownership of my home, I would say, well, I own it.
Q. Correct. And what -- how do you know you own
the house? What's the evidence that you own a house?
A. I have a title.
Q. Okay. Did you have a deed?
A. Sure, of course.
Q. Correct.
A. A deed.
Q. Right.
A. Okay.
Q. Okay. What gives the town -- where is the
justification for you making the allegation that the
town owns Polo Cove?
MR. GAVIGAN: Objection, form.
A. I believe it has ownership documentation of
that cove property.
Q. Okay.
A. The town owns it.
Q. What's the date of the ownership?
A. I'm not quite sure, but I'm certain that it
postdates 1845.
Q. Postdates 1845?
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A. I would certainly think so, because the town
was established in 1925.
Q. Okay. So the town has owned it since --
MR. GAVIGAN: Objection, form.
Q. Since the time that --
A. The town was formed approximately 1925.
Q. Right.
A. So obviously, its ownership of any property
would not predate its formation. That's the only point
I'm making.
Q. Okay. So from 1925, then the town's owned
it?
MR. GAVIGAN: Objection, form.
A. Whenever the -- whenever the town was formed,
and I believe, yeah, certainly haven't done -- I'm not a
lawyer relative to the real estate transactions that
occurred, but I believe that that property was platted.
It was cut out, dredged for a cove for the town.
Q. Okay.
A. Therefore, it was private property that was
dredged out, platted, dredged out.
Q. Okay.
A. And formed a cove for the purposes that the
town or its developers sought to use it for.
Q. What evidence do you have that it was dredged
Florida Court Reporting
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out and was wasn't a natural lagoon area?
A. Just some historical -- if you go on line and
read about the Town of Gulf Stream, you will see some
plats. You will see some discussion of the town. If
you read some historical reports of Palm Beach County
area, you will see that as the Intracoastal Waterway was
spread down toward Miami. There was relationships with
private property owners. It goes on and on. And by no
means, do I have any in depth knowledge. You just asked
what my understanding of it is. That's just my
understanding, the historical development of the Town of
Gulf Stream and Polo Cove.
Q. Are you familiar with navigable waters?
A. Just relative to the suit.
Q. Okay.
A. And I don't know the details of that Florida
Statute, but I would think navigable waters is waterway
that is navigable by boat.
Q. Now, I just want to be clear. So Gulf Stream
owns Polo Cove because of its incorporation in 1925?
MR. GAVIGAN: Objection, form.
A. No, I thought I prefaced this by saying that
I certainly don't have --
Q. I'm asking for clarification.
A. Well, you're asking me questions based on --
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first, I think you prefaced it based on my law license
and legal experience. So I want to make it quite clear
that I have no legal understanding that I would bring to
the table as a lawyer. I'm just giving you,
essentially, my understanding as a resident here, and as
mayor, having read a little bit about the history of
Gulf Stream. But my understanding of it was that the
Phipps developed this area, this property; and that Polo
Cove was a basin, yacht basin carved out, plated, cut
out, dredged out on that private property.
Q. And what I'm asking is, that's a very
important detail. What basis do you have to make the
claim that it was dredged out and wasn't part of the
navigable waterway that existed?
MR. GAVIGAN: Objection, form. You're
misstating the evidence in this case.
MR. HANNA: I'm asking him, I'm asking him
what his basis to say that it was dredged out. He
made the statement that it was dredged.
Q. Where are you getting that from?
A. My understanding of this area was that it was
undeveloped land, and this is my layman's understanding.
You're asking me these questions. I'm trying to give
you the best of my belief, whatever that understanding
may be based upon. But the land, all the way coming
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down Florida, as the Intracoastal Waterway was
developed. This particular land was land that then was
developed into the golf course, the Town of Gulf Stream,
etcetera, and at different times. But I believe all of
this happened probably after 19 -- early 1920s.
Q. Okay.
A. And that the land in terms of being
developed, that Polo Cove that was a -- referred to, I
believe, as a yacht basin, was carved out of the
property, of the land. Made into a definable lagoon, if
you will, a cove for the boats that the town's residents
would use there. That's my understanding.
Q. Okay.
A. Have I seen any deeds or any agreements or
anything that would spell that out, as in legal detail;
no. That's just my understanding of how the Town of
Gulf Stream, the Gulf Stream Country Club and this area
between Briny Breezes and Delray Beach was formed in the
early parts of the 20th century.
Q. Do you know what the Intracoastal Waterway
was originally used for, based on your past research or
knowledge?
A. No.
Q. Did you read that the Intracoastal Waterway
was used for commerce, transporting goods?
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MR. GAVIGAN: Objection, form.
A. I did not know that specifically, no.
Q. Okay. Did you ever hear the term a turning
basin?
A. No.
Q. Okay. It's where the ships are coming down
with cargo, they drop it off -- the Intracoastal isn't
very wide, isn't that true?
MR. GAVIGAN: Objection, form.
A. What do you mean by wide?
Q. Well, is it wide enough for a boat to turn
around, a large barge filled with goods?
MR. GAVIGAN: Objection, form.
A. Depends on the size of the barge and other
traffic, and, I mean, I have been on the Intracoastal
Waterway, it certainly varies in its width.
Q. But you have never heard of the term turning
basin?
A. I have not.
Q. Where the commercial ships would turn around,
the commercial vessels would have to go into an area
that was part of the Intracoastal, turn around so they
could head back north?
MR. GAVIGAN: Objection, form.
A. I have not.
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Q. Okay. Are you familiar with Bessemer
Properties?
A. I read about Bessemer Properties in some of
those histories.
Q. Okay.
A. Or articles, if you will.
Q. What about --
A. I'm familiar with the name, put it that way.
Q. Okay. Bessemer Trust?
A. I couldn't tell you any of the details.
Q. You're from Pittsburgh too, from
Pennsylvania, so I'm familiar with the Bessemers too.
What about Waterway Realty Corporation?
A. Only that it was on one of these documents
attached to the complaint.
Q. Okay. Waterway Realty Corporation is the
entity that sold or gave Polo Cove to the Town of Gulf
Stream, is that your recollection?
A. I don't know if that's accurate.
Q. Okay.
A. And by the way, mentioning Bessemer, I think,
you can correct me if I'm wrong. Bessemer probably
predated the Town of Gulf Stream. I believe it was part
of the Phipps development of this area. So, you know,
whether you have private property that was owned by an
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individual or an association, like the country club or
the town, of course, would factor into that discussion
that we had previously about ownership of the property
that is now Polo Cove.
Q. Does Gulf Stream own the water in Polo Cove?
MR. GAVIGAN: Objection, form.
MR. HANNA: Basis?
MR. GAVIGAN: It's a legal conclusion.
A. Yeah, you have been asking me a lot of legal
conclusions, and I'm prefacing all of these with the
fact that I am not a lawyer in this case, and I'm not
giving you legal opinions at all.
Q. Okay.
A. So to answer your question, is the water over
the private property owned by this town their water?
Q. Yes.
A. For purposes of ejecting Mr. O'Hare's boat,
yes.
Q. Okay. What about the anchor touching the
bottom, the subterranean?
MR. GAVIGAN: Same objection.
A. You're getting into legal issues. I'm giving
you the best of my understanding and knowledge, but you
can't hold me to those sorts of legal conclusions, Mr.
Hanna.
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Q. Okay. I'm holding you to the factual
allegations that you made. You refer to --
A. Well, the facts speak for themselves.
Q. Well, you made the allegations in the
complaint.
A. And the complaint speaks for itself, as does
the documentation attached to it.
MR. GAVIGAN: Objection, argumentative.
Q. I'm asking you about your basis of when you
made these allegations in the complaint.
A. I know you are, and you're doing it in a way
that you're trying to imply legal conclusions to my
statements. And I'm just making it quite clear to you.
Q. I'm asking you your factual basis for it.
A. For what?
Q. That's all I am. For these allegations that
you have made.
A. Well, I have given them to you. I have given
them as best I can --
Q. Right.
A. -- my answers to you questions.
Q. I haven't -- I just asked you a question,
and you interjected --
MR. GAVIGAN: At this point you're not asking
questions.
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Q. You verified this complaint, correct?
A. That's correct.
Q. All right. And that, essentially, makes this
an affidavit?
A. I verified it.
Q. Yes, and it's, essentially, an affidavit in
that sense?
MR. GAVIGAN: Objection, form.
A. Again, you're calling for a legal conclusion,
but I verified it.
Q. Right.
A. I think the verification states the
conditions upon which I'm am verifying --
Q. Okay. So I want to you ask you --
A. -- the allegations in the complaint.
Q. -- some questions about the verification in
this. The documentation that you reviewed went back to
1953, correct?
A. I believe that --
MR. GAVIGAN: Objection, form.
A. I guess that's correct.
Q. Look at the complaint. You can look at the
complaint to see if that's correct.
A. Well, you're talking not about the complaint,
but the documents attached to the complaint.
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Q. Well, as you -- well, the documents from the
complaint, the exhibits become part of the complaint,
isn't that correct?
A. Thank you very much. I understand that.
Q. Well, now you're being a lawyer. Okay. Go
ahead.
A. Whether I am a lawyer or not, anybody knows
that what's attached to it, particularly since my
verification would be at the bottom of the complaint,
anything above it, is being verified. So if you're
saying 1953 is the date --
Q. Yes.
A. -- the earliest date upon which any document
is attached to this complaint, I would have no reason to
dispute that.
Q. Can you just look at the complaint and verify
it, or at the exhibits part of it?
A. You want me to look at these exhibits?
Q. Yes, I do.
A. Which exhibit do you want me to look at, Mr.
Hanna?
Q. I want you to look at the exhibit to
determine whether the furthest back, the document that
goes furthest back is from 1953.
MR. GAVIGAN: Objection, form.
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A. Well, to be honest with you, I have trouble
reading some of this documentation, because it's so
small. These may, indeed, predate, I don't know. I do
recall there being a document that had, I think, 1953 on
it.
Q. Okay.
A. I suspect that's what you're referring to,
but whether some of these drawings predate that, I don't
know. I cannot tell. You can show it to the video.
You can see these are very hard to read, because they
are old photocopies. Again, the documents, I can't read
dates on them, so I don't want to swear to it. But the
first typed one we come to here, I can't read the date
on it. It's '33 or 'S3.
Q. Uh-huh.
A. Or could actually be different than that.
This one looks likes '37, but it could be just my
reading of it. It appears to be '53 on that document as
well. Yeah, I can't give you a definitive answer to
that.
Q. Okay.
A. But I do see here is a clear one, September
11, 1953.
Q. Okay. And did you review the documentation
before you signed the complaint and verified it?
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A. I just glanced over it. What I read was the
allegations in the complaint that are prepared by
counsel.
Q. Okay.
A. They identify exhibits to justify the
allegations. For example, 11 is the complete chain of
title of Polo Cove attached as Exhibit 1. Did I look at
it, in -- any better than I could look at it here, no.
Q. Okay.
A. Because, frankly, I can't read the dates and
some of the language. So I trust that what my attorneys
have attached here is accurate.
Q. Okay. Is there anything in there that you
read that involved Polo Cove having been dredged or
created?
A. I don't -- in the complaint, I don't think
SO.
Q. In the complaint or in any of the exhibits?
A. I don't believe so.
Q. Is there anything in the documentation or the
allegations that you read that indicated that Polo Cove
is not part of the Intracoastal Waterway?
A. That Polo Cove is or is not?
Q. Is not part of the Intracoastal.
A. I don't believe there is anything here to
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indicate it is part of it or is not part of it, except
the allegations in the complaint --
Q. Okay.
A. -- which quite specifically state that it is
not part of the Intracoastal Waterway.
Q. And anything in the exhibits that show that
it's not part of the Intracoastal Waterway?
A. Only that which is attached to the complaint.
Q. Okay. So again, there is nothing in the
complaint that indicates -- there is nothing in the
complaint that indicates that the Polo Cove was not part
of the original Intracoastal Waterway?
MR. GAVIGAN: Objection, form.
A. I think I just answered that.
Q. I'm talking about the exhibits to the
complaint.
MR. GAVIGAN: Objection, form.
A. I think the exhibits spell out that it's
private property, not part the Intracoastal Waterway.
So I would disagree with your assessment of what the
complaint sets forth.
Q. From 1953?
MR. GAVIGAN: Objection, form.
A. We have gone over the dates. I don't know
exactly what dates are reflected in these documents,
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because they are very hard to read.
Q. Where in the complaint are the exhibits that
you verified does it indicate that that was private
property for Waterway Development to be able to convey
to the town?
MR. GAVIGAN: Objection, form.
A. The allegations in the complaint spell that
out, and attached are the exhibits which counsel have
given to us in support of that allegation.
Q. Okay.
A. I believe that, and I have no reason to
question the accuracy of those documents. I believe
that answers your question.
Q. Do you have any other information to show
that prior to 1953, that Waterway Development had title
to Polo Cove?
MR. GAVIGAN: Objection, form.
A. I don't know anything about Waterway
Development Corp.?
Q. Yeah.
A. Yeah, I don't know.
Q. Okay. You're not aware of any documentation?
MR. GAVIGAN: Objection, form.
A. Other than what's attached here --
Q. Okay.
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A. -- I'm not aware.
Q. I'm trying to find out what other information
the town has to support their allegation, that this
was --
A. This would be it.
Q. So 19 -- based on 19 --
MR. GAVIGAN: Objection, form. You're not --
you haven't established 1953 anything, so you're
misstating the evidence.
MR. HANNA: No, the waterway, the deed and
the allegations in the complaint are that it was
transferred in 1953.
MR. GAVIGAN: Okay. You can point to them,
and then you can ask questions with regards to it,
but you can't -- you're making that assumption in
every question you ask.
Q. Since 1953 -- before 1953 there is no
documentation that you are aware of that showed that
Waterway Realty owned Polo Cove, is that correct?
MR. GAVIGAN: Objection, form.
A. That I have possession of or have seen?
Q. Yes.
A. That would be accurate.
Q. Okay.
A. Do you have another question for me?
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Page 33
Q. I'm waiting for you.
MR. GAVIGAN: He answered.
A. I just gave you an answer.
Q. Yes. Now, with Polo Cove, the dredging --
are you aware of the town doing any maintenance on Polo
Cove?
A. I'm not.
Q. Okay. Now, with the town restrictions on
public property, are there any ordinances that apply to
Polo Cove and restricted use of Polo Cove?
MR. GAVIGAN: Objection, form.
A. I don't know, other than the reference here
to the permissive use granted to abutting property
owners to use it.
Q. But there is no ordinance or any other
restrictions aside from the deed restrictions?
MR. GAVIGAN: Objection, form.
A. Off the top of my head, I don't know.
Q. Was there ever commission, formal commission
action approving the filing of this lawsuit?
A. I don't believe so. I don't believe there
was a commission authorization of this lawsuit.
Q. Okay.
A. I don't know if it was brought to the
commission, if that's what you're asking.
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Q. Okay. Why did you sign the verification?
A. Why not, I'm the mayor.
Q. Okay.
A. I could file the verification for the
complaint.
Q.
Okay.
A.
Wouldn't have
to be me. Town manager could
do it.
Vice mayor could
do it. Generally, I would
think the
mayor would sign
something like this.
Q.
So in order to
file a lawsuit, you don't feel
that the
town commission
has to take action?
MR. GAVIGAN:
Objection, form.
A.
No.
Q.
Okay.
A.
No, certainly
not.
MR. HANNA: Okay.
Let's take a quick break.
(A short recess
was taken.)
Q.
(BY MR. HANNA)
Are you aware of any plans to
do any
kind of dredging or
maintenance on Polo Cove?
A.
Right now?
Q.
Yeah.
A.
No.
MR. HANNA: I
don't have anything further.
MR. GAVIGAN:
I don't have anything further
either.
We'll read.
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MR. HANNA: That's it. We're marking the
complaint that Mr. Morgan was referring to in his
deposition as Exhibit E. Make it part of the
deposition.
(The document was marked as Plaintiff's
Exhibit E for Identification.)
(The foregoing deposition was concluded at
1:15 p.m.)
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Page 36
THE STATE OF FLORIDA,
COUNTY OF PALM BEACH
I Thomas R. April, a Notary Public in and for
the State of Florida at Large, hereby certify that
SCOTT MORGAN was duly sworn by me on August 12, 2015.
WITNESS MY HAND AND OFFICIAL SEAL, THIS
23rd day of August, 2015.
Thomas R. April, RPR, Notary Public,
State of Florida at Large
My Commission No.: FF 076095
Expires: April 11, 2018
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Page 37
CERTIFICATE
I, Thomas R. April, Registered Professional
Reporter, do hereby certify that the foregoing
deposition was taken before me in this cause at the time
and place and in the presence of counsel as shown
herein; that the foregoing pages contain a true and
correct transcription of the testimony of said witness.
I hereby certify that I am neither attorney for any
party nor am I related to or employed by any attorney or
party connected with the action, nor am I financially
interested in the action.
DATED this 23rd day of August, 2015
Thomas R. April
Registered Professional Reporter
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