wordsworth

I gave Jen this tune on a 45 right about the time Apple began to change the world.

Today, before sending it to Lanosa, I must add to our Second Request for Production a request for the permitting/zoning log.

Lanosa’s strategy may be revealed best by her objections at deposition – they appear to be calculated to avoid disclosing key elements of our case.

One concern she expressed during the Hossfield deposition was the Fifth District’s affirmance of the BCC decision. Her assumption appeared to be that we were asking Hossfield questions that challenged the Fifth District’s decision. Oddly, at the end of the deposition she gets to the answers that we were really after – Hossfield would considered an "intended" use in reaching a decision on a permit.

Steven G. Mason, of Law Office of Steven G. Mason, P.A., Altamonte Springs.

This is the attorney for Rachel’s in OC Food & Beverage, LLC v. Orange County. He will understand our argument regarding Article VIII, Section 1 (j), Florida Constitutioin.

Jesse Clark and I spoke at length. It is still unclear to me whether or not he ever had a hearing before the Code Enforcement Board. But it is quite clear that he believes he was denied a permit by the Board of County Commissioners because Comm. Edwards wanted to punish him for finishing the garage after being notified by Code Enforcement that he was in violation of the code for starting the garage without a permit. I did not ask if Code Enforcement had issued a violation notice or a stop work order. And I don’t know if they even issue, or have the authority to issue, stop work orders.

I can request a new determination. Or, I can include in interrogatories any questions that I would put in a determination. Or, both … Both!

Got a call from Vera Clark’s son Jesse. Haven’t yet talked to him. His number is 321 402-8527.

Also got a response to the email I sent to fifty plus Class III licensees in Orange County. That response came from Christian Miller at 321 663-8242.

Admissions

Admissions should be drafted as soon as possible. The first drafts should be directed to the individual defendants and based upon the allegations of the complaint.

Subpoenas

The federal rules say that I can subpoena anyone. Jerry Jennings? Pet stores (i.e., Bird Crazy)? Florida Association of Counties? FWC licensees. I need to start on that as soon as possible. Next week. Review the rule. Check the case law.

It did occur to me (after sending out an email request) that the information I’ve asked FWC licensees to volunteer (and might demand by subpoena) is precisely the information the FWC requires them to keep on record. So, I could ask the returning chair of the FWC Rodney Barreto to help me: we want the same information; and, that information (by increasing the damages award) will give the ultimate judicial decision more weight.

In 2007 the defendants knew or should have known that what they were doing to us violated Article IV, Section 9, and Article VIII, Section 1(j), of Florida’s Constitution. We say "they knew or should have known" because the language of those two provisions of the state constitution is perfectly clear.

Article IV, Section 9, says County government has no authority to regulate wild animal life.

And Article VIII, Section 1(j), says County government has no authority to decide how it will prosecute code violations.

We say that in 2007 "they knew of should have known" what they were doing to us violated Article IV, Section 9, because Florida’s Attorney General told them so five years earlier in Attorney General Opinion 2002-23. And the Florida Fish and Wildlife Conservation Commission told them the same thing in its 2007 Memorandum of Law.

We say that in 2007 "they knew of should have known" what they were doing to us violated Article VIII, Section 1(j), because that provision very clearly and simply states: "Persons violating county ordinances shall be prosecuted and punished as provided by law."