DOC. 28, U.S. CORRUPTION

8/9/2019 DOC. 28, U.S. CORRUPTION

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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

FT. MYERS DIVISION

JORG BUSSE; JENNIFER FRANKLINPRESCOTT,

Plaintiffs,

v. Case No. 2:10-CV-89-CEH-TGW

JOHN EDWIN STEELE; SHERI POLSTERCHAPPELL; ROGER ALEJO; KENNETH M.WILKINSON; JACK N. PETERSON;GERALD BARD TJOFLAT; RICHARDJESSUP; JUDGE BIRCH; JUDGE DUBINA;RICHARD A. LAZZARA; CHARLIE CRIST;LEE COUNTY VALUE ADJUSTMENT

BOARD; LORI RUTLAND; EXECUTIVETITLE CO.; JOHNSON ENGINEERING, INC.,

Defendants.

MOTION FOR EXTENSION OF TIME

NOW COMES the United States of America, on behalf of its

officers, Chief Judge Joel Dubina and Circuit Judges Gerald

Tjoflat and Stanley Birch of the United States Court of Appeals

for the Eleventh Circuit; District Judges Richard Lazzara, John

Steele and Magistrate Judge Sheri Chappell of the United States

Case 2:10-cv-00089-CEH-TGW Document 28 Filed 06/30/10 Page 1 of 4


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1. On February 9, 2010, Plaintiffs filed a complaint

naming the above-referenced federal defendants, and others, as

defendants in their individual private and official capacities.

2. The docket sheet indicates that service of process was

effected upon Judge Steele on May 1 [DE-12] and upon Judge

Chappell on May 4 [DE-13], with corresponding answer deadlines of

June 30 and July 3, 2010, respectively. Fed. R. Civ. P.

12(a)(2)&(3). There is no indication that any other federal

defendant has yet been served, and therefore the undersigned is

unable to ascertain their answer deadlines at this time.

3. A suit against a federal officer in his or her official

capacity is in effect a suit against the United States. See

Swank, Inc. v. Carnes, 856 F.2d 1481, 1483 (11th Cir. 1988). It

is the position of the United States that Plaintiffs complaint

should be construed as an official capacity suit against the

United States and not the individual federal defendants.

4. The undersigned Special Attorney is entering a general

notice of appearance on behalf of the United States and timely

filing a motion to dismiss the complaint contemporaneous with the



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however, if the Court were to construe this as an individual

capacity suit and were to require them to answer, then the

federal defendants require additional time to seek and obtain

authorization for the undersigned to represent them in their

individual capacities. See generally 28 C.F.R. 50.15.

6. Accordingly, the undersigned makes a limited appearance

on behalf of the individually-named federal defendants solely for

purposes of seeking this extension of time so as to avoid the

possibility of entry of default against them should the Court

construe this as an individual capacity suit and not summarily

dismiss such individual capacity claims as frivolous.

7. Local Rule 3.01(g) requires that the moving party

shall confer with counsel for the opposing party in a good faith

effort to resolve the issues raised by the motion. Insomuch as

Plaintiffs are proceeding pro se, Local Rule 3.01(g) is

inapplicable.

WHEREFORE, the individual federal defendants request an

extension of time, up to and including thirty (30) days from such

future date as the Court might require them to answer an



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Date: June 30, 2010 Respectfully submitted,

TONY WESTASSISTANT ATTORNEY GENERAL

By: /s/ Matthew L. FesakMATTHEW L. FESAK

Special Attorney andAssistant United States Attorney

Civil Division310 New Bern Avenue, Suite 800Raleigh, NC 27601-1461Telephone: (919) 856-4530Facsimile: (919) 856-4821E-Mail: [email protected]. Bar No. 35276

CERTIFICATE OF SERVICE

I do hereby certify that I have this 30th day of June, 2010,

served a copy of the foregoing upon the below-listed party

electronically or by placing a copy in the U.S. Mail, addressed

as follows:

Jorge Bussec/o Legal and Consular Department100 N. Biscayne Blvd.Suite 2200

Miami, FL 33132

mailto:[email protected]:[email protected]


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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDAFORT MYERS DIVISION

[TRANSFERRED FROM: SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION]

JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE,Plaintiffs,

versus Reassigned Case # 2:09-CV-00791-CEH-SPC

ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; ROGER

DESJARLAIS; LEE COUNTY, FLORIDA; LEE COUNTY VALUEADJUSTMENT BOARD; LORI L. RUTLAND; STATE OF FLORIDA, BOARD

OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND; STATEOF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; CHAD

LACH; CHARLES BARRY STEVENS; REAGAN KATHLEEN RUSSELL;

KAREN B. HAWES; ROGER DESJARLAIS; CHARLIE GREEN; BOB JANES;BRIAN BIGELOW; RAY JUDAH; TAMMY HALL; FRANK MANN; UNITED

STATES ATTORNEY(S); SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID P.

RHODES; A. BRIAN ALBRITTON; CYNTHIA A. PIVACEK; JOHNSONENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D. HAYES;

GERALD D. SIEBENS; STATE OF FLORIDA ATTORNEY GENERAL;WILLIAM M. MARTIN; PETERSON BERNARD; SKIP QUILLEN; TOM

GILBERTSON, RYAN LENGERICH, NEWS PRESS,

Defendants.

PUBLISHED PUBLIC NOTICE OF

JUDICIAL CORRUPTION & FRAUD

____________________________________________________________________________/

PUBLISHED PUBLIC NOTICE OF CORRUPTION, CASE FIXING, AND CRIMES

BY DEF. CROOKED JUDGE CHARLENE E. HONEYWELL, AND IN PARTICULAR,

OF HER IDIOTIC INCOMPREHENSIBLE PUBLIC LANDCLAIM [DOC. # 213, P. 5]

OF PLAINTIFFS LOT 15A, AS CONVEYED IN REFERENCE TO PB 3, PG 25 (1912)


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Case 2:07-cv-00228-JES-SPC Document 93-1 Filed 08/07/07 Page 1 of 14


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C 2 07 00228 JES SPC D 93 1 Fil d 08/07/07 P 9 f 14


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C 2 07 00228 JES SPC D t 93 1 Fil d 08/07/07 P 10 f 14


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Case 2:07 cv 00228 JES SPC Document 93 1 Filed 08/07/07 Page 11 of 14


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TROY PARNELL;' J,:''F'"


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R EGISTERED R EAL ESTATE B ROKER

lA~~~~ Street~~

x~~x~:x~xFORT ~IYERS. I


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STE\NART & KEYES" '-7 "

\:::::::",,/ATTORNEYS AT LAW

1534 HENDRY STREET

P.O . D RAWER 790

FORT MYERS. FL 33902-0790

WILLIAM L. STEWART

WILLIAM A. KEYES. JR.

(841) 334-7477

FAX (841) 334-7941

May 1 4, 1997

Mr. Troy Parnell1429 Colonial BoulevardSuite 203

Fort Myers, FL 33907 "

Dear Troy:

You have asked me about the ownership of the accretion to thearea between Lots 2 and 3, Block 14, Second Revised Plat of CayoCosta Subdivision and the Gulf of Mexico.

The Plat of this subdivision does not have any dedication of easements for any purpose. It divides the property into numberedblocks with spaces between, which are obviously intended" to beroads. It does, however, have the following wording:

IINOTE

All streets 60' wide

All alleys 20' wideAll lots shown in uniformly squareBlocks 50' x 130' other lots scale measure.1I

The area between the Blocks and the Gulf of Mexico has no

designation, but it is part of the street since all streets leadto it and there is no line indicating the end of the streets.

Our Supreme Court has repeatedly held that when a lot on abdi i i l' b d h l h

~'(

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,I

r

.Mr. Troy par'nellMay 14, 1997Pa ge Two

"The more specific question here involved is this:Where a street, way or walk way is laid out whollyon the margin of the grantor's lands, said street,way or walk way being bordered by navigable water,does a conveyance of land abutting on such street,

way or walk way, as designated on the plat, carrythe fee to the"width of such street, way orwalkway, together with all riparian rights incidentthereto, unless expressly reserved?

While there is some conflict in the decisions on

this quest, we have reached the conclusion that theanswer should be in the affirmative."

There now appears to be considerable accretion to this streetbordering these lots. Since ti tIe to the land under the streetbelongs to you the accretion belongs to you. In the case of Mexi co Bea ch Cor pora tion v. st. Joe pa per Cor pora tion, 97 So .2d708, the Court said:

"The common-law rule which vests title to soil

formed along navigable waters by accretion orreliction in owners of abutting land is in force inFlorida."

I have assumed that you did not install groins or otherdevices that caused this accretion. In the case of Board of Trustees of the Internal Improvement Trust Fund v. Sand KeyAssociates, Ltd., 512 So.2d 934, our Supreme Court said:

"W t f t h did t ti i t i TROY PARNELL

1

'" '..

'

/ ..'.1i " /


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1..i. ,_/REGISTERED REAL ESTATE BROKER

xx'Xx


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SOUTHWEST FLORIDA

Writer's Direct Dial Number: (941) 335-2236

BOARD OF COUNTY COMMISSIONERS

John E. ManningDistrict One

Douglas R. SI. CernyDistrict Two

Ray JudahDistrict Three

Andrew W. CoyDistrict Four

John E. AlbionDistrict Five

Donald D. Stilwell

County Manager

James G. Yaeger

County Attorney

Diana M. Parker

CountyHearingExaminer

December 15, 1998

Mr. Troy Parnell

3922 Rogers StreetFort Myers, Fl 33901

Re: Second Revised Plat of Cayo Costa Subdivision/Accretion

Dear Mr. Parnell:

I am in receipt of your December 11, 1998 letter on the above. We will attemptto review the history of the County Resolution and let you know our position as soonas possible. In order to expedite review, I have taken the liberty of forwarding yourinquiry to the attention of the County lands Department.

Very truly yours,

2~~County AttorneyJGY/jmxc: J. W. French, Director, Public Works

Karen Fors th Co nt lands ,,'-'


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\./. -.,r...'

3922 Rogers Street

Ft. Myers, Florida 33901

February 12,1999

Mr. James G. YaegerCounty Attorney

P.O. Box 398Ft. Myers, Florida 33902

Re: Second Revised Plat of Cayo CostaSubdivision/Accretion

Dear Mr. Yaeger:

I enclose a copy of my letter of January 29, 1999 and

also a copy of your letter of December 15, 1998.

Since it has been two months I would think that your

County Lands Department has had time to respond.

At any rate I would appreciate your advising me as to

when I can expect an answer.

Sin;_.~;%lY /. ~...


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. .'. : r~LEECO~TYI .'SOUTHWEST FLORIDA, .p

Writer's DirectDialNumber: (941) 335-2236BOARD OF COUNTY COMMISSIONERS

John E. ManningDistrict One

Douglas R. SI. CernyDistrict Two

Ray JudahDistrict Three

Andrew W. Coy

District Four

John E.AlbionDistrict Five

Donald D. Stilwell

County Manager

James G. Yaeger

County Attorney

Diana M. Parker

CountyHearingExaminer

February 22, 1999

Mr.Troy Parnell3922 Roger StreetFort Myers, FL 33901 ,

Re: Second Revised Plat of Cayo Costa Subdivision

Dear Mr. Parnell:

In response to your correspondence to Mr. Yaeger, the Lee County Attorney's

Office researched the history of the second revised plat of the Cayo Costa Subdivisionand governing case law on accretion and reliction. Based on this research, we concludethat the public may have a valid claim to the accreted lands on the Gulf side of the CayoCosta Subdivision. Moreover, it is the Board's policy to retain public lands for publicpurposes rather than relinquishthose intereststo private entities. It would be acceptablefor the County to relinquish its interests in this property if the intent is to transfer theproperty in question to the State as part of the CARL Program. Your letter indicates thatthe' Board of Trustees of the Internal ImprovementTrust Fundof the State of Florida has

offered to purchase the property, but claims that the resolution recorded in the publicrecords and reflected in the County Commission Minute Books calls into question yourclient's ability to convey fee simple title to the accreted lands. This office wouldrecommend that the Board of County Commissioners release the public's interest in theaccreted land on the condition that the County deed is held in escrow until the closingwith the State. At that time, the deed would be released and available for recordation inthe public records.

Dep rtment of


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Dep~rtment of

Environmental Protection

Jeb BushGovernor

Marjory Stoneman Douglas Building

3900 Commonwealth BoulevardTallahassee, Florida 32399-3000

Colleen M. Cast

Secretary

February 2, 2006

Troy Parnell3922 Roters Street

Ft. Myers, FL 33901

RE: Cayo Costa Project, Lee County0.30 Acres

Dear Property Owners:

As agent for the Department of Environmental Protection of the State of Florida, I ,ould like to extend acash offer in the amount of $222,000.00, to purchase the above referenced property located in LeeCounty, Florida. The State of Florida is offering to purchase this property due to its location within anarea that qualifies for State acquisition as part of the State's Florida Forever Program. The Division ofState lands will be the agent for this transaction.

Over the past several years, the State has diligently worked on acquiring property within the Cayo CostaProject. The state has had the properties appraised numerous times and has made several offers toproperty owners. Recent purchases within the last year have caused the Division of State Lands toreevaluate its priorities. I was recently informed that the funds and time allocated for this project arenow limited.

Prior to extending an offer to purchase property, Florida law requires an appraisal to be completed by an

independent real estate appraiser. The appraiser is asked to give the market value of the property. The

appraisal is confidential, by law, until a contract is signed by the Seller and approved by the Division ofState lands. Your offer was formulated based on such an appraisal.

JEFF PARNELL

REAL ESTATE INVESTMENTS INC


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REAL ESTATE INVESTMENTS, INC.

0)5 KELLYROAD

SUITE 112

cRS. FLORIDA33908

LICENSED REAL ESTATE BROKER

TEll

(239)

FA.'{ (239

K.M. Roesch, Jr. & Anita Roesch15411 NW 46th Ln.

Chi efland, FL 32626

May 15,2007

Re: Gulf front lot on Cayo Casta ,

Dear Mr. & Mrs. Roesch:

My father, Troy Parnell and the estate of William Reynolds own the northern most gulf

front lots (lots 1A & 2A). On December 10, 1969 the Lee County Commission voted todeed itself an area of accretion to the west of certain gulf front lots. The effect of this

makes what was once gulf front lots no longer gulf front. They had no right to do this.We have done much research on this matter. There have been recent rulings by the courts

to support our position that the area of accretion belongs to the gulf front owners. I havehad discussions with attorneys in Miami and Sarasota that specialize in this matter and

they have suggested our case is so strong that we hire a local attorney here in town.

My father is prepared to move ahead with a law suit. Through our correspondence withthe county and discussions with attorneys we believe the county, state or DEP will not orcan not do anything until they are sued. However, we will not go ahead without the

support of all the effected lot owners who will benefit from this. I have identified seven

l t h ill b fit f thi d i l d d th l t th l d l t

Gulf Front Lot Owners Effected:


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Troy Parnell & Reynolds Real Estate, LLP - Lots 2 & 3

Busse, Jorg, PO Box 1126, Naples, Fl34106 - Lot 15A

Lewis, Allen E., Kensington Investments, 347 Congress St., #3A, Boston, MA, 022Lots 23A & 24A

,Elrubaie, Salman B 11810 Isle of Palms Dr., Ft. Myers Beach, FL 33931 - Lot 27A

aucomm, Ruth K, Tr., 28232 Tung Oil Rd., Kinston, AL 36453 - Lot 28A

Garvey, William R, 519 Clubside Dr., Naples, FL 34110 - Lot 67A

n. 1 V""'T A .~-"" 1t:"A11 "THTA,thT_- nL~_'1 ! r'T ,.".,C,.,C T TI

Lee Coun


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DOC. 28, U.S. CORRUPTION

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