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Suits Against The City_March 19566 SUITS AGAINST THE CITY Book Page0 Copeland, Therrel and Baisden to be permitted to join the City without compensation, in defense of suit filed by Greater Miami Hebrew Academy seeking zoning change on property on Chase Ave. north of 41st Street. 3-7-56 38 94 Report of Ben Shepard re. case Wiesen vs. City, Hansley & Cohn vs. City - involving zoning of 3 lots on west side of Collins Ave. from 75th to 76th Sts. Supreme Court reversed "REcourt and held our rezonin to iRE is appropriate 3_21-5b� 38 105 SUITS AGAINST THE CITY 61 Book Page Complaint filed by David & Harry Rott against City seeking to: 1. enjoin pending condemnation proceedings against Lots 5 thru 8, Bik 7, Ocean Front Property. 2. Compel city to issue permit for multiple level garage with stores on ground floor. 3. Rezone property to "BAAA" 3-28-56 38 123 SUITS AGAINST THE CITY 62 Book Page Report from Ben Shepard re. suits involving oceanfront zoning north of Eden Roc Hotel -- court cases of Trees et al; Dahlberg & Lux, and Tedland Realty Corp. vs. City. Judge Crawford entered decree against City, holding that zoning for Single -Family Estates as to this property is unreasonable and requiring City to permit construction of hotels and multiple -family dwellings. Mr. Shepard advised that there is d ver If appeal sotaxen toisupreme Court. etre Matter to be brought up before full Council, to consider taking appeal. 5-16-56 208 SUITS AGAINST THE CITY , 63 Book Page Letter from South Shore Improvement Assn urging Council to appeal from Court decision re. rezoning oceanfront property north of Eden Roc to be brought up when subject is discussed. 5-16-56 38 208 Resolutions filed urging Council to appeal decision in oceanfront zoning case(600 ' property north of Eden Roc). Rezoning also urged. City Mgr. advocates holding public hearing. Motion to take appeal and hold hearing after receipt of Bartholgme report tabled. Open forum to beheld 6/26D/56. 6-6-56 38 218 SUITS AGAINST THE CITY 64 Book Page Report from Ben Shepard re. suit of Parking Facilities, Inc. vs. City. Supreme Court affirmed decree entered in favor of City. (Parking Facilities Inc. sought to compel City to permit stores in projected multiple-levelarage on west side of Collins Ave. bet. 38th and 39th Streets) 6-20-56 38 257 Report of Jos. Wanick re. suit of Checker Cab vs. City concerning taxi Airport fare and use of tokens t pay for package tour transportation.�Final decree for the City ehtered�-20-56 38 259 SUITS AGAINST THE CITY Council Circuit of 600' votes Court strip 65 Book Page to appeal decision of in suit involving rezoning north of Eden Roc Hotel 6-27-56 38 263 Report from Mr. Shepard re. intervention of Wags Transportation Co. in oceanfront case. No action on Councilman'Spaet's motion to ask Supreme Court for rehearing on decision to permit the intervention 7-5-56 38 Report of legal consultant Shepard re. Beef & Bird Restaurant 8-1-56 38 276 333 SUITS AGAINST THE CITY Report from Mr. Shepard re. bond validation suit brought by Bernard Shotkin. Supreme Court grants City's motion to quash Mr. Shotkin's appeal from decree validating bonds. 8-1-56 38 334 Report from Mr. Shepard re. appeal of Bernard Shotkin from Circuit Court decree validating $3,500,000 Public Improvement bonds. Shotkin's motion for rehearing denied. 9-5-56 38 386 Book Page 66 SUITS AGAINST THE CITY 67 Book Page Reports from Mr. Wanick re. suits against the City: 1. Liquor licenses for Place Pigalle and Club Benni 2. Hogan property rezoning. 3. Harem Club trial - charge of selling liquor to minor 11-7-56 38 505 Res. #9353 authorizing settlement of judgment against the City in connection with MidCentury Corp. suit (condemnation proceedings against Lots 4, 5,6,7 of Fisher's Firs Sub.) 11-7-56 38 507 SUITS AGAINST THE CITY 68 Book Page Report from Legal Dept. filed re. suit in connection with provision in Zoning Ordinance prohibiting use of signs advertising existence of accessory uses such as coffee shops and cocktail lounges in hotels and apartment houses. 12-5-56 39 22 Legal Dept. advises that suit has been instituted by The Harem Club, Place Pigalle, The Little Club, Five o'clock Club and The Life Bar,attacking the "B -Girl" Ordinance 1-2-57 39 51 SUITS AGAINST THE CITY 69 Book Page Re. Checker Cab suit -- Supreme Court upheld constitutionality of ordinance fixing maximum taxicab fare of $3.50 to airport but authorizing acceptance of a ticket from "package tour" visitor as payment from M.B. to airport at cost of not less than $1.50 2-6-57 39 120 Report from Mr. Shepard: City v. Rott (condemnation suit) and Rott v. City (zoning suit) Report from Mr. Wanick: Re. Paul Meginnis - W.C. Claim 3-20-57 39 174 SUITS AGAINST THE CITY 70 Book Page Alexander S. Gordon, atty, authorized to associate with City (without pay) in defense of suit brought to enjoin the August 6th zoning referendum; Acting City Atty to be Attorney of Record and Mr. Gordon to handle the defense 5-15-57 39 34+4 Employment of Mr. Shepard in connection with[ suit contesting right of former Councilman Halperin to vote in oceanfront zoning suit approved 7-3-57 39 422 SUITS AGAINST THE CITY 71 Book Page Report from Mr. Shepard re. two cases involving 2 women (Gapinski and Weichelt) formerly employed by Police Dept. Suits sere brought to declare them as regular employees. City lost suits. Res. No. 9564 and No. 9565 authorizing payment to the above in accordance with Supreme Court Decision 8-7-57 39 475 Report from Mr. Shepard re. Lansburgh & Schauer suit against City. Legal Dept. to proceed with appeal. (Right of Councilman Halperin to vote on oceanfront rezoning ordinance) 9-4-57 40 8 SUITS AGAINST THE CITY 72 Book Page Report from Ben Shepard re. City v. Pancoast, et al involving restriction on use of old Municipal Golf Course property in which J. P. Simmons and others are defendants. Circuit Judge Kehoe ruled in favor of City and cancelled out the restriction. 10-2-57 4o 59 Report from Ben Shepard re. suit Brannon v. City filed. 10-16-57 40 82 SUITS AGAINST THE CITY 73 Book Page Report from Mr. Wanick re. Muroff zoning suit. Mr. Shepard advises he does not know how the suit could be successfully defended by Legal Dept. Mr. Renshaw to advise interested attorneys to intervene if they wish to do so. 10-16-57 40 82 Mr. Renshaw advises re. intervention in zoning suit. Motion to authorize City Atty to negotiate to employ outside counsel fails 11-6-57 40 104 SUITS AGAINST THE CITY 74 Book Page Report from Ben Shepard re. suit Brannon v. City. Court orders payment of salary due Harry Brannon for period July 20, 1956 thru Nov. 10, 1957, Appropriation from ucf, amt. $6,566.90 authorized. 11-14-57 40 117 Bill in amount of $1,461.35 rendered by Hugh R. Pomeroy, expert witness for the City in April, 1956, in three zoning cases (Trees, Tedland and Dahlberg approved for payment. Appropriation from ucf. authorized. 11-14-57 40 117 SUITS AGAINST THE CITY Book Page Report from City Attorney re. zoning suit involving Hebrew Academy property on Chase Avenue. City urged to take an appeal from adverse decision. Council votes unanimously to take appeal. 12-4-57 40 148 Payment of $2,872.15 authorized from ucf to cover Mickey BMnnon0s' attorney t s fee of $2,500, and judgment against the City of $372.15 12-18-57 4o 179 SUITS AGAINST THE CITY 76 Book Page Res. #9683 authorizing law firm of Sibley, Grusmark, Barkdull & King to associate with the City in defense of oceanfront zoning suit (Melvin Muroff, et al, plaintiffs) 1-22-58 40 236 Legal Dept. advises of complaint filed in Circuit Court by Albert and Frieda Cole vs. City, in which they leek to set aside Ord. #1288 which rezoned E .lot 11 and all of Lot 12, B1k 32, Lakeview Sub. in "RE" Use District (N.side 47th St. at Royal Palm Ave. 3-5-58 40 315 SUITSVAGAINST THE CITY :77 Book Page Res. #9735 authorizing law firm of Sibley, Grusmark, Barkdull & King to enter certain zoning suits now pending in Circuit Court, without compensation. City Atty to advise Council of any attempt to take one suit (Lachman) to an outside court 4-2-58 4o 357 Report from Legal Dept. re. suit Harem,Inc. et al v. City in connection with B -Girl Ordinance, filed 4-16-58 4o 378 SUITS AGAINST THE CITY 78 Book Page Report from Legal Dept. re. suit Turchin et al v. City in connection with ocean- front rezoning. Judge Kehoe entered final decree in which Res. #9487 and the Election held pursuant thereto were held invalid and void. Council votes not to take an appeal. 5-7-58 40 394 Marion Sibley requests Council to reconsider its action on May 7th re. motion not to appeal Judge Kehoe's decision in oceanfront zoning election. Motion to rescind action fails. 5-21-58 40 417 SUITS AGAINST THE CITY 79 Book Page Report re. suit Albert Cole v. City filed. (Plaintiff sought to set aside amendment to zoning ordinance which rezoned certain property on W. 47th St. from single family to apartment use) Judge Anderson dismissed suit. 5-21-58 40 425 Report re. suit Jappe et al, as owners of Lots & Outlots 2,3,10,11,12,13,14, 15,16,17,19, 21,22,25,27 and 28, First Ocean Front Sub. re. suit Ralph & jean Lachman, as owners ©f Lots 13 & 14, ndian Bea.,ch Corp. Sub. regarding oceanfront moving. (cont.) SUITS AGAINST THE CITY 80 Book Page (cont.) Circuit Judge Grady Crawford entered final decrees in which he held that any attempt by the City to restrict the land to single-family uses was unconstitutional and void and he further enjoined the City from attempting to enforce any requirement under its zoning ordinance limiting this land to single-family estate purposes. 7-16-58 41 13 SUITS AGAINST THE CITY 81 Book Page City Atty advises that complaint has been filed in Circuit Court by Abbott A. Karlin and Rubin Wollowick seeking to procure a decree holding that the award of Auditorium Food and Beverage Concession contract to Oscar Markovich was void and that the plaintiff was entitled to the same. 7-16-58 41 13 SUITS AGAINST THE CITY 82 Book Page City Atty advises that District Court of Appeals affirmed Circuit (fudge Vann's decision dismissing suit of Albert Hakam in which he claimed the Chief of Police wrongfully denied him promotion to position of Police Lieutenant:- 44 Council votes against taking appeal 41 from Judge Crawford's decisions in. oceanfront zoning cases (Jappe and Lachman) 8-20-58 41 49 No appeal to be taken in oceanfront zona suit- Muro eta 10-1-58 41 129 SUITS AGAINST THE CITY 83 Book Page Report from Ben Shepard re. case of Saxon and Addis v. City. (Police officers who passed exam for detective but were passed over ror promotion by the Chief) 10-1-58 41 129 Report from City Atty re. court case in connection with building permit for Fontainebleau Hotel notwithstanding Ordinances No. 1312 and No. 1321.(Sun Ordinances) Action deferred until next meeting when more members would be present. Council orders appeal be taken 12m 41 242 Court decision on above matter re. "Sun"Ordinance 12-10-58 41 253 SUITS AGAINST THE CITY 83A Book Page City Atty reports that District Court of Appeals dismissed suit of Greater Miami Hebrew Academy ( in re. construction of private school on former Suto Nursery property) 1-7-59 41 279 SUITS AGAINST THE CITY 84 Book Page Report from City Atty read re. District Court of Appeal ruling as to "Shadow" ordinances. Letter from Sibley & Davis read re. notices of zoning hearing in Fontainebleau Hotel case. 2-4-59 41 332 Acceptance of the services of Ward and Ward in defense of suit State ex rel Fontainbleau Hotel v. City approved 2-18-59 41 391 Rdport of City Atty re. suit of Bedan, Inc. v City. Suit dismissed. 3-4-59 41 423 SUITS AGAINST THE CITY 85 Book Page Report of Legal Consultant re. suit of Karlin & Woliowick v. City. Dismissed. 3-4-59 41 423 Report of Legal Consultant Shepard re. suit of City of Miami Beach v. Cowart, et al (Board of County Commissioners 3-4-59 41 423 City Atty's report re. suit Parking Facilities v. City. Law firm of Hoffman, Kemper & Johnson to associate in defense of suit without cost. 4-1-59 41 469 SUITS AGAINST THE CITY 86 Book Page Report from Legal Dept. re. suits against the city: 1. Altman et al v City (zoning suit) 2. Rachelle Enterprises v. City (zoning) 3. Chase, Geiger, Bronston et al v. City & School Bd. 4. State ex rel Fontainebleau Hotel v. City )4-1-59 41 2470 Council approves association of Hoffman, Kemper & Johnson in defense of suit - State ex rel Fontainebleau Hotel v. City of M. B., without cost to city. 4-2-59 42 20 SUITS AGAINST THE CITY 87 Book Page Reports from Legal Dept. re. suits againstthe City: 1. Bernard Wieder v. City and Ml.chael Fox 2. John B. Howard v. City et all. 3. State ex rel Belcher Oil Co. v. City 4. Dorothy Gould v. City and Charles Block (Mr. Shepard to participate in zoning suit, Dorothy Gould - Lots 11 & 12, Blk 2, Oceanside Sec. Isle of Normandy) 4-15-59 42 44 Reports from Legal Dept. re. suits against the City: W.D. Rumbaugh et al v. City Hessick et al v. Cit Mr. Ben Shepard to participate in defense of above suits 5-6-59 42 64 SUITS AGAINST THE CITY 88 Book Page Reports from Legal Dept. re. 1. Brannon 2. Theresa Schauer 3. Schauer 4. R & G Inc. (Appeal to be taken in this suit) 5-20-59 42 84 Reports of Legal Dept. re. Greater Miami Hebrew Academy Hessick et al. v. City (City Atty to take appeal) 6-10-59 42 114 Ben Shepards re ort re. status of suit Chase Jr. et al v. City presented and ordered filed 6-17-59 242 122 SUITS AGAINST THE CITY Reports from Legal Dept.: 1. Saxon & Addis 2. C. W. Chase, Jr. et al 89 Book Page Mr. Shepard 1. Bancroft Hotel Associates, Inc. 2. John B. Howard 3. John E. Porte Mr.Wanick 4. Bernard Cumes 5. Fontainebleau Hotel ,. 14,"!'1".1k1-4( (City's position in this case I to be asserted to the fullest) 7-1-59 42 148 SUITS AGAINST THE CITY 90 Book Page City Atty refers to writ of mandamus - Fontainebleau Hotel building permit (report of 7/1/59) . Says it develops that there is no encroachment. Previous instructions to City Atty to file an appeal withdrawn. 7-15-59 42 190 Report from City Atty re. suit Karlin & Wollowick v. City (end of litigation) 7-15-59 42 191 Report from Legal Consultant re. suit Parking Facilities v. City 7-15-59 42 191 SUITS AGAINST THE CITY 91 Book Page Report from City Atty re. suits Harvey Miller v. City Clure F. Mosher v. City 7-15-59 42 191 Statement of Caldwell, Parker, Foster, Madigan, Oven and Moriarty in connection with conferences and consultation re. case Dade County v. City $300.00, approved for paymen8_5-59 42 209