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Suits Against The City_August to September 1967SUITS AGAINST THE CITY 194. B00K PAGE issuing bldg. permit to Sinclair Refining Co. filed. 8-30-67 52 222A Council approved recommendation appeal be taken in suit, Jefferson National Bank v. City. 9-13-67 52 276 Res. 12239 adopted authorizing settlement of Joseph Laychak suit, $1600 towards wages & $750 for attorneys' fees. 9-20-67 52 292 SUITS AGAINST THE CITY Reports from City Attorney re. Marcos Muniz & Carlos Alberto Muniz v. City of Miami Beach American Auto Rental, Inc., d/b/a Kenn Auto Rental v. City Ruth Mirmelli v City W. B. Mosely v. City & Shirley Mahn Al Hart v. City & Shirley Mahn Recommendation accepted that appeal not be taken in Ritter case based on Pension Board action. 10-4-67 195, BOOK PAGE 52 303 52 332 SUITS AGAINST THE CITY BOOKI9PAGE Report from City Attorney --Pearl Bartley v. City forwarded to City's insurance carrier for defense. 10-4-67 Report from City Attorney re. Rose Block vs. William Weiner and 406 Miami Beach Taxi Corp., Yellow Cab Operators Ass'n. and City Herbert Weiss v. City Lincoln Investments, Inc. v. City Harvey Epstein v. City, Beach End Corp., and Miami Beach Kennel Club 10-18-67 52 333 52 365 SUITS AGAINST THE CITY 197 BOOK PAGE City Attorney report filed re. Third District Court of Appeal affirmed decree of Circuit Judge Grady Crawford that gourmet shop in apartment hotel owned by Oceancoast Corporation constituted violation of City's Zoning Ordinance which sets forth permissible uses in "REA" Multiple Family District. 10-18-67 Reports from City Attorney: Albert Schwartz v. Norvel Ray Duncan and City; Lillian R. Caidin v. 2500 Collins Corporation and City; Sunset Island #3 and ##4 Property Owners, Inc., et al v. City; Sylvia White, Inc., Bankruptcy. 11-1-67 52 366 52 392 SUITS AGAINST THE CITY City Attorney report filed re. Marvin Moss v. City of Miami Beach and Anthony P. Sabatino. 11-15-67 City Attorney reports re: E11 -Gee, Inc. v. Metropolitan Dade County, City of Miami Beach, et al; 2) Barry Marlin and American and Overseas Properties, Inc. v. Porter Homer, City of Miami Beach, et al; 3) Solomon Fuchs v. City of Miami Beach, et al. Miscellaneous reports to be re- presented at next meeting. 12-6-67 198 BOOK PAGE 52 421 52 448 SUITS AGAINST THE CITY Sunshine Law: Daniel Heller appeared; requested City not spend taxpayers' money re appeal; Mayor's motion to same effect failed; CC approved certiorari; CC dis- cussion. 217 Meeting date 3-4-70 Sunshine Law; Atty's fee authorized to Sam Daniels. 5-6-70 Aaron Goldman suit: proposed parking in alley -Blk 10, Normandy Isle -CC voted City Atty to continue defense of suit. 9-2-70 SUITS AGAINST THE CITY 216 BOOK PAGE MUST OBTAIN Circuit Ct. writ prior to request. Englander's motion to defer action pending results of variance granted to lessee of property, failed. 3/19/69 Communication from Dennis Castiglione re. reimbursement for expenses incurred by certain City employees in bringing suit against City & union, referred to City Atty. 6/11/69 Woroner Productions vs. TDA - moti n to:disriiss granted and leave to file amended Complaht. 54 289 54 497 Meeting date 7-16-69 SUITS AGAINST THE CITY Ct. granted CasseCCity Atty. advised Supreme 9 ity's petition for certiorari & assistance of Philip Goldman, as spec. counsel, re Manilow suit & TDA Ord. suit. - 2/25/69 Property bet. 69 & 71 Sts. on E. side of Collins Ave. 3rd & final reading of Ord. def. until det. of litigation involving same is made by Dist. Ct. of Appeals. 3/5/69 Atty. Martin Greenbaum requested rezoning of Kugel property to "BAAA" per Supreme Court ruling. City Atty. advised necessity of public hearing to rezone, & that Greenbaum 215 BOOK PAGE 54 245 54 251 SUITS AGAINST THE CITY Sunshine Suit. City Atty. reported that request for continuance of case by Mr. Daniel N. Heller, M.B. Daily Sun's atty., granted by Court & hearing reset for 2/3/69. 1/21/69. Kugel Property - def. re calling public hear. to rezone per court order until consideration of var. grant by council. Complete resume 3/5/69 by City Atty. 2/13/69 54 185 214 BOOK PAGE 54 133 SUITS AGAINST THE CITY Report from City Atty. re Kugel property. City Atty. recommendation that Council call public hear, in ac- cordance with Court order. 2/5/69 54 179 Report from City Atty. On 1/23/69, City served with complaint filed by Don Allen Chevrolet, & S.J. Meiselman seeking injunction against City from interfering with Fly Delta Sign on roof of bldg. at 331 A.G. Rd. 2/5/69 54 180 213 Book Page SUITS AGAINST THE CITY 212 BOOK PAGE City Attorney's recommendation approved that building permit be issued and litigation ended re. Jefferson National Bank litigation for use of space for offices. 1-15-69 54 154 Re. Kugel property litigation, City Attorney to file petition for rehearing. City Manager to find out from Zoning Board reason for their recent action on request for variance on this property. 1-15-69 54 154 Continuance of case by Daniel N. Heller, M. B. Daily Sun's attorney granted by Court; hearing reset for February 3, 1969. 1-21-69 54 157 SUITS AGAINST THE CITY 211 BOOK PAGE City Attorney to contact Judge Pearson to see whether he will agree to 7 -man TDA Board meeting without prejudice to either side. 1-15-69 54 154 City Attorney reported --offer of settlement on 81st -87th Street condemnations from Leon Black and Judge Cypen. City Attorney to furnish breakdown of costs figured on each parcel and to discuss matter with Appraiser S. Z. Bennett. 1-15-69 54 154 SUITS AGAINST THE CITY City Attorney to request Judge to expedite hearing re. "Sunshine Law" suit of Miami Beach Sun against the City set for January 20, 1969. 1-15-69 Council advised suit has been filed to enjoin City from adoption of ordinance on 3rd and final reading re. excluding from "BA" and including in "RE" and Area District MF -2, Lots 1 - 4, incl., Block A, Atlantic Heights Sub., and Lots 1 - 6, incl., Block 10, Normandy Beach South. (East side of Collins Avenue between 69th and 71st Streets excluding Golden Sands property). City Attorney to report outcome. 1-15-69 210 BOOK PAGE 54 133 51+ 149 SUITS AGAINST THE CITY 209 BOOK PAGE Irving Cypen, attorney, set forth background of litigation against City by Sunset Island Owners Association re. manufacture of boats by Miami Beach Yacht Corporation and storage of boats on adjacent property. He said previously repair and storage of boats was permitted in "BD" district --present matter in litigation is whether boats can be stored in "BB" district. Motion that City Attorney withdraw petition for rehearing in this 74 litigation failed of passage --City Attorney & will continue proceedings. 12-18-68 54 79 SUITS AGAINST THE CITY 208 BOOK 'PAGE City Attorney advised Council of Big Lou's, Inc. suit (721 Washington Ave.) who desires to move liquor store to 6732 Collins Avenue, re. provi- sion of City's Code prohibiting moving of liquor license more than 300 feet. 7-3-68 Suit filed by Hendrik Berns and Robert Swift re. alleged violation of State law concerning holding of secret meetings. Per City Attorney, Council can meet any place, any time to discuss matters informally as long as no official action taken; in his opinion, no such "secret" meetings as alleged have been held. 11-20-68 53 295 54 4 SUITS AGAINST THE CITY 207 BOOK PAGE Mrs. Schindler's allegation that Tucillo- Goodman accident had not been properly reported was investigated & Administration satisfied that investigation & report of incident handled properly. 5-15-68 53 205 Status of report re. 100 Lincoln Road suit in Municipal Court requested --City Attorney advised case continued at request of City without his knowledge. City Attorney to request Judge to reconsider & schedule case at very early date in CMB. 6-5-68 53 237 SUITS AGAINST THE CITY 206 BOOK PAGE Request renewed that City Attorney submit report on status of suit pending re. number of units in One Lincoln Road & status of suit re. con- struction of recreation room. 5-1-68 53 176 Report from City Attorney: Central Bank & Trust Co. v. City --suit challenging off-street parking ordinance --U. S. Court of Appeals upheld City's ordinance. E. M. Loew v. City --Latin Quarter suit. Leroy Bellinger v. City Compensation Claim -- judgment in favor of City & against claim of employee. 5-1-68 53 176 SUITS AGAINST THE CITY 205 BOOK PAGE Mandamus Action suit re. M. B. Yacht Corp. -- motion to instruct City Attorney to withdraw appeal in this case failed. City Attorney to establish procedures to be followed & to advise 121 attorneys who may be associate counsel with City & at present or in future of same. 4-17-68 53 128 Delta Airline suit --Delta willing to voluntarily turn off flasher on sign provided CMB would waive right of appeal of permanent injunction issued by court. City Attorney to go forward with appeal in this suit. 5-1-68 53 152 SUITS AGAINST THE CITY Report from City Attorney re. Frank Conroy v. CMB, et al re. false arrest forwarded to insurance carrier. 3-20-68 204 BOOK PAGE 53 85 City Attorney instructed to try to settle Maureen Tuccillo's case with City's insurance carrier. Investigation to be made re. report of accident properly. 3-20-68 53 88 Report from City Attorney re. Louis M. Anderson v. CMB forwarded to insurance carrier & check from J. E. Yaros, Referee in Bankruptcy, for $764 received. 4-3-68 53 116 SUITS AGAINST THE CITY 203 BOOK PAGE of property at n/w/corner of Meridian Ave. and 17th St.) --City Attorney reported his intention to file petition for rehearing in District Court of Appeal. No instructions to contrary were given by Council. 2-7-68 Report re. suit Herbert Magnes v City, Robert L. Turchin, Arthree, Inc. given. As suggested by Court, in connection with Carriage House bulkhead construction, the Public Works Director instructed to give Mr. Magnes 48-hour advance notice when request is made to commence bulkhead construction. 2-21-68 52 554 53 31 SUITS AGAINST THE CITY Dade County, CMB (tax suits). Harry Brick v. CMB (re. Council's action in rezoning so-called JCI headquarters site); Herbert Magnes v. CMB (bulkhead construction Carriage House); Peggy Ann Engel v. CMB. 1-17-68 City Attorney reports filed: Milton A. Fried v. CMB Resort Tax suit; Jack Ross and H & S Beach, Inc. v. CMB and Doral Beach Hotel Corp. v. CMB (3rd District Court of Appeal opinions confirm City's power to strictly regulate signs posted by hotels fronting on Collins Ave.); Jack Reynolds v. CMB and Ben Seidler; Victor H. Kugel & Faye E. Kugel v. CMB (re. request for rezoning 202 BOOK PAGE 52 527 SUITS AGAINST THE CITY existing sign regulations & present recommenda- tions for updating same at early date. 1-3-68 City Attorney to take appeals in Fried and Montmartre tax suits unless otherwise instructed. 1-17-68 City Attorney reports filed: William Mechanic et al v. Dade County, CMB; 7450 Operating Co. v 201 BOOK PAGE 52 488 52 517 SUITS AGAINST THE CITY 200 BOOK PAGE v CMB, et al; City v Championship Sports, Inc.; Fidelity & Deposit Co. of Maryland. 12-20-67 52 473 City Attorney reports filed: Carlos Gallardo & Omar Quintana v City; Milton A. Fried & Harold Sterin, Resort Tax case, v Montmartre Hotel & City. 1-3-68 Hearing scheduled for 1/5/68 re. to abate nuisance caused by Delta Airlines sign on Midtown Building. City Attorney to review 52 494 SUITS AGAINST THE CITY 199 BOOK PAGE City Attorney reports filed re. Connecticut General Life Ins. Co. et al v. Porter W. Homer et al and CMB; M.B. First National Bank, as Trustee v. CMB et al; Julian Steinberg, et al v. Dade County, CMB et al; Solomon Fuchs v. CMB, et al; Sou. Bell T & T Co. v. Dade County, CMB, et al; City Stores Co., Inc. d/b/a Richards v. Dade County, CMB, et al; Emil Morton, Trustee d/b/a Morton Towers, v. CMB and Dade County, et al; Federated Dept. Store d/b/a Burdines v. Dade County & CMB; Off street parking re. Civic Center Cultural Complex; Julius Shapiro v. Rubin, et al; Leonard Sanford v. Rubin, et al; 6345 Collins Ave., Inc.