HomeMy WebLinkAboutBack-Up DocumentsFiling,# 196410393 E-Filed 04/17/2024 02:55:34 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
DIVISION
CIVIL
O DISTRICTS
❑ OTHER
SUMMONS 20 DAY CORPORATE SERVICE
(a) GENERAL FORMS
CASE NUMBER
2024-CA-005955
PLAINTIFF(S)
CLAUDE VILLETTE and ANTHONY MURRAY
THE STATE OF FLORIDA:
To Each Sheriff of the State:
VS. DEFENDANT(S)
CITY OF MIAMI
YOU ARE COMMANDED to serve this summons and copy of the complaint or petition in this action on
defendant(s): Francis X. Suarez, Executive Mayor; Mayor's Office, 3500 Pan American Dr.,
Miami, Florida 33133
1
Each defendant is required to serve written defense to the complaint or petition on
Plaintiff's Attorney: Jason A. Martorelia, Esq.
whose address is: JAM LAW PLLC, 9160 Forum Corporate Parkway, Suite 350, Fort
Myers, Florida 33905, jason@jam.law
£fERVICY
.a)/5-,44
C $ w1
within 20 days " Except when suit is brought pursuant to s. 768.28, Florida Statutes, if the State of Florida, one of its agencies,
or one of its officials or employees sued in his or her official capacity is a defendant, the time to respond shall be 40 days.
When suit is brought pursuant to. 768.28, Florida Statutes, the time to respond shall be 30 days." after service of this summons
on that defendant , exclusive of the day of service, and to file the original of the defenses with the Clerk of this Clerk Court either before
service on Plaintiffs attorney or immediately thereafter. If a defendan 0,i4 .tp do so, a default will be entered against that defendant for
the relief demanded in the complaint or petition.
JUAN FERNANDEZ-6ARQUIN
CLERK OF THE COURT AND COMPTROLLER
MIAMI-DADE COUNTY
CIRCUIT AND COUNTY COURTS
BY:
c04
DEPUTY CLERK
DATE
4/19/2024
AMERICANS WITH DISABILITIES ACT OF 1990
ADA NOTICE
"If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact Aliean Simpkins, the Eleventh Judicial Circuit Court's ADA
Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Suite 2400,
Miami, FL 33128; Telephone (305) 349-7175; TDD (305) 349-7174, Email
ADAAjud11.flcourts.org; or via Fax at (305) 349-7355, at least seven (7) days before your
scheduled court appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than seven (7) days; if you are hearing or voice
impaired, call 711."
CLK/CT. 314 Rev, 06/23
IIs
IClerk's web address: www.miamidadealerk.gov
Filing # 195435841 E-Filed 04/03/2024 06:01:04 PM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
CLAUDE VILLETTE, an individual, and CIRCUIT CIVIL DIVISION
ANTHONY MURRAY, an individual,
Plaintiffs, CASE NO.:
v.
CITY OF MIAMI, a municipal corporation
and political subdivision of the State of
Florida,
Defendant.
COMPLAINT TO QUIET TITLE AND FOR OTHER RELIEF
Plaintiffs, Claude Villette and Anthony Murray (together, the "Owner"), by and through
the undersigned counsel, sue the Defendant, City of Miami (the "City"), and allege as follows:
PARTIES, JURISDICTION, AND VENUE
1. This is an action to, among other things, quiet title to real property located in
Miami -Dade County, Florida, pursuant to Fla. Stat. § 65.061.
2. This is also an action for declaratory relief concerning fines imposed by the City
for purported code violations that exceed the sum of $50,000.00, exclusive of interest, costs, and
attorneys' fees.
3. This is also an action for just compensation in an amount that exceeds $50,000.00,
exclusive of interest, costs, and attorneys' fees; for the City's inverse condemnation of the Owner's
property.
4. Claude Villette owns real property located in Miami -Dade County, Florida, which
is at issue in this dispute.
5. Anthony Murray owns real property located in Miami -Dade County, Florida, which
is at issue in this dispute.
6. The City is a municipal corporation and subdivision under the laws of the State of
Florida and is located in Miami -Dade County, Florida.
7. The property at issue in this dispute is located in Miami -Dade County, Florida.
8. Therefore, venue is proper in Miami -Dade County, Florida, pursuant to Fla. Stat. §
47.051, and this Court has jurisdiction over the subject matter of this action pursuant to Fla. Stat.
§§ 65.061(1), 86.011, 26.012(2)(a), and 26.012(2)(g).
GENERAL ALLEGATIONS
9. On or about February 14, 2011, Claude Villette acquired the real property located
at 740 N.E. 86th Street, Miami, Florida (the "Property"), which is legally described as:
THE NORTH 120 FEET OF THE WEST 45 FEET, 4.5 INCHES
OF THE EAST 85 FEET, 3 INCHES OF LOT 40, OF GRIFFINGS
SUBDIVISION OF BISCAYNE HEIGHTS, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT
PAGE 78, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
10. Claude Villette acquired the Property from Paramount Land Holdings, LLC,
pursuant to the Quit Claim Deed attached hereto as Exhibit A.
11. On or about April 24, 2023, Claude Villette deeded the Property to Anthony Murray
pursuant to the Quitclaim Deed attached hereto as Exhibit B.
12. On or about October 30, 2023, Anthony Murray deeded the Property to Claude
Villette and Anthony Murray, the Owner, pursuant to the Quitclaim Deed attached hereto as
Exhibit C.
2
JAM ALA
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
13. The Property had a structure on it (the "Structure").
14. The City, through its Code Enforcement Board in Case Number CE2018020929
("Case CE2018020929"), found Claude Villette guilty of failing to register the Structure as a
vacant structure with the City and ordered Claude Villette to correct this purported violation by
October 23, 2018, a date that preceded the Code Enforcement Board's finding of guilt by several
months.
15. Claude Villette did not receive notice of the purported violation, notice of any
hearing on said violation before the City's Code Enforcement Board, or notice of the Code
Enforcement Board's finding of guilt and order to take corrective action.
16. As a result, Claude Villette did not contest the violation, did not appear at the
hearing on said violation before the City's Code Enforcement Board, and did not take the
corrective action ordered by the Code Enforcement Board.
17. Nor could Claude Villette have cured the purported violation by the deadline to do
so, as that deadline had already passed by the time the order to take corrective action was entered.
18. The City's Code Enforcement Board recorded a lien against the Property in
connection with Case CE2018020929 that imposed fines in the amount of $250.00 per day from
October 23, 2018.
19. The City, through its Code Enforcement Board in Case Number CE2015021548
("Case CE2015021548"), found Claude Villette guilty of having graffiti on the Property and
ordered Claude Villette to correct this purported violation by September 7, 2016, nearly three (3)
years before the Code Enforcement Board's finding of guilt.
3
JAMALA
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
20. Claude Villette did not receive notice of the purported violation, notice of any
hearing on said violation before the City's Code Enforcement Board, or notice of the Code
Enforcement Board's finding of guilt and order to take corrective action.
21. As a result, Claude Villette did not contest the violation, did not appear at the
hearing on said violation before the City's Code Enforcement Board, and did not take the
corrective action ordered by the Code Enforcement Board.
22. Nor could Claude Villette have cured the purported violation by the deadline to do
so, as that deadline had passed nearly three (3) years before the Code Enforcement Board ordered
Claude Villette to take corrective action.
23. Several years later after the deadline to cure the purported violation, the City's Code
Enforcement Board recorded a lien against the Property in connection with Case CE2018020929
that imposed fines in the amount of $250.00 per day from September 7, 2016.
24. The City, through its Unsafe Structures Panel in Case Number BB2008000443
("Case BB2008000443"), held a meeting on July 12, 2019, to determine whether the Structure was
unsafe and what corrective action would be required of Claude Villette.
25. Claude Villette had notice of Case BB2008000443, unlike Case CE2018020929
and Case CE2015021548, and the July 12, 2019 meeting.
26. Claude Villette's representative attended the July 12, 2019 meeting, at which the
City's Unsafe Structures Panel determined that the Structure was unsafe and required the
Structure's demolition by August 11, 2019.
4
JAM ILA
9160 Forum Corporate Parkway . Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
27. After the July 12, 2019 meeting, Claude Villette's representative requested that the
City permit the renovation of the Structure in lieu of its demolition, and the City agreed.
28. The City thereafter approved Claude Villette's plans to renovate the Structure.
29. However, the City refused to issue a permit for the renovation unless and until
Claude Villette or his representative could produce a driver's license, a water bill, and an electricity
bill demonstrating that Claude Villette or his representative resided at the Property.
30. Neither Claude Villette nor his representative was able to satisfy this condition, as
the Structure was deemed unsafe by the City itself and could therefore not be used as a residence.
31. Moreover, neither Claude Villette nor his representative was residing at the
Property, as the City knew.
32. Between April 3, 2020, and August 29, 2021, Claude Villette's application to
renovate the Property was cancelled by the City.
33. On or about February 9, 2024, the Owner decided to demolish the Structure itself
and applied to the City for a permit for the demolition.
34. Notwithstanding that the City had previously ordered the Structure's demolition,
the City held up the Owner's application for a demolition permit and required the Owner to
perform time-consuming tasks that were, upon information and belief, merely pretextual and
intended to enable the City to demolish the Structure first.
35. On or about March 4, 2024, the City's preferred demolition company, Chin Diesel
Inc., applied for a permit to demolish the Structure, which was granted by the City the same day.
5
JAMALA
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
36. On or about March 14, 2024, the City posted a notice of demolition on the Property
advising that in connection with Case BB2008000443, the Structure would be demolished "within
ten (10) days of this notice or shortly thereafter."
37. Five (5) days later, on March 19, 2024, as the undersigned counsel was in the
process of preparing a complaint to enjoin the City from demolishing the Structure, and before the
expiration of the ten-day period provided for in the City's notice of demolition, the City
demolished the Structure.
38. The City thereafter erected a locked fence on the Property, prohibiting the Owner
from accessing the Property, and then, for reasons known only to the City, began the process of
laying sod on the Property.
39. Upon information and belief, the City intends to bill the Owner for the demolition
of the Structure, and the amount that the City intends to bill the Owner is substantially higher than
the amount that the Owner's preferred demolition company was willing to accept to perform the
demolition.
40. Upon information and belief, the City intends to withhold the permit that the Owner
requires to improve the Property until the City's bill for the demolition of the Structure is paid.
41. Upon information and belief, the City intends to bill the Owner to lay sod on the
Property, despite the fact that the City is laying sod on portions of the Property where the Owner
intends to construct improvements.
42. Upon information and belief, the City intends to withhold the permit that the Owner
requires to improve the Property until the City's bill for laying sod on the Property is paid.
6
JAMLA
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
43. The City, through its Code Enforcement Board in Case Number CE2020007576
("Case CE2020007576"), found Claude Villette guilty of violating a number of ordinances in
connection with the Structure and the Property and ordered Claude Villette to correct these
purported violations by September 8, 2021, the day after the Code Enforcement Board's finding
of guilt.
44. Claude Villette did not receive notice of the purported violations, notice of any
hearing on said violations before the City's Code Enforcement Board, or notice of the Code
Enforcement Board's finding of guilt and order to take corrective action.
45. As a result, Claude Villette did not contest the violations, did not appear at the
hearing on said violations before the City's Code Enforcement Board, and did not take the
corrective action ordered by the Code Enforcement Board.
46. Nor could Claude Villette have cured the purported violations with one day's
notice.
47. The City's Code Enforcement Board recorded a lien against the Property in
connection with Case CE2020007576 that imposed fines in the amount of $500.00 per day from
September 9, 2021.
48. As of March 20, 2024, the fines imposed by the City in connection with Case
CE2020007576 alone total $461,500.00.
49. Upon information and belief, the fines imposed by the City in connection with Case
CE2018020929 total $493,750.00 as of March 20, 2024.
7
JAMALA
9160 Forum Corporate Parkway . Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
50. Upon information and belief, the fines imposed by the City in connection with Case
CE2015021548 total $687,750.00.
51. The City has asserted a lien against the Property in connection with these fines
(collectively, the "Fines"), which, upon information and belief, total $1,643,000.00 as of March
20, 2024.
52. The Owner cannot proceed with the Owner's plans to improve the Property because
the City has erected a fence on the Property preventing the Owner from accessing the Property
and, upon information and belief, will not issue the permits required to construct the improvements
until all of the City's exorbitant Fines and bills for demolishing the Structure and laying sod on
the Property are paid.
53. The City has thus taken and deprived the Owner, since April 3, 2020, when Claude
Villette's application to renovate the Property in accordance with plans that were approved by the
City was administratively cancelled, of substantially all economically beneficial and productive
use of the Property without just compensation, compliance with applicable law, including the
Local Government Code Enforcement Boards Act, or adequate notice and due process.
54. Moreover, on March 10, 2022, the City's Code of Ordinances was amended to
disallow the mitigation of fines that have existed for more than 270 days, which amendment
violates and is preempted by the Local Government Code Enforcement Boards Act.
55. Section 2-817 of the City's Code of Ordinances, and any other provision of the
City's Code of Ordinances that purports to permit the imposition of the fines imposed by the City
in Case CE2018020929, Case CE2015021548, and Case CE2020007576, the Fines, violate Article
8
JAMS
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
I, Section 17 of the Florida Constitution by effecting a forfeiture of estate and imposing excessive
punishment.
56. The Fines, which may exceed $1,643,000.00 and include $687,750.00 for graffiti
ostensibly applied by an unknown third party, are not remedial and do not compensate the City for
any loss.
57. The Fines are a punishment intended to deter property owners from allowing their
properties to fall into or remain in non-compliance.
58. Section 2-817 of the City's Code of Ordinances, and any other provision of the
City's Code of Ordinances that purports to permit the imposition of the Fines, have caused, and
will continue to cause, financial harm to the Owner.
59. The Fines imposed pursuant to the foregoing sections of the City's Code of
Ordinances are so great as to shock the conscience of reasonable people and are patently and
unreasonably harsh and oppressive.
60. The foregoing sections of the City's Code of Ordinances create the threat of
exorbitant fines, which violate the Owner's right under the Florida Constitution to be free from
excessive punishments and forfeitures of estate.
61. The Fines and any ordinances that are found to support the imposition of the Fines
violate the Excessive Punishments Clause located in Article I, Section 17 of the Florida
Constitution.
62. The Fines and any ordinances that are found to support the imposition of the Fines
also violate and are preempted by the Local Government Code Enforcement Boards Act because
9
JAMLAW
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.law • (239) 744-3440
the Fines exceed the maximum amount of fines that the Local Government Code Enforcement
Boards Act permits, and because the Fines may not, under Section 2-817 of the City's Code of
Ordinances, as amended, be reduced by the City's Code Enforcement Board.
63. Moreover, the Fines were not imposed in accordance with the City's Code of
Ordinances or the Local Government Code Enforcement Boards Act because, among other things,
they were not based on the considerations required of the City's Code Enforcement Board under
the City's Code of Ordinances and Local Government Code Enforcement Boards Act, they were
not preceded or followed by adequate notice or an opportunity to cure, and they are so high in part
because the City failed to comply with its own obligations under the City's Code of Ordinances.
64. In Case CE2015021548, for example, the City (a) failed to provide Claude Villette
with notice of the purported code violation, (b) failed to provide Claude Villette with notice of the
hearing on the purported code violation, (c) fined Claude Villette at the rate of $250.00 per day
based on graffiti that was ostensibly applied, if at all, by a third party, (d) imposed the fines
pursuant to an order that was entered nearly three (3) years after the date of the hearing and required
Claude Villette to cure the violation by that date, which was impossible because it had already
passed nearly three (3) years prior to the entry of the order, (e) failed to cure the violation itself
within the period of time required by Section 37-2(1) of the City's Code of Ordinances, and (f)
purports to hold a lien against the Property securing the fines, which upon information and belief,
total in excess of $687,750.00, for a single instance of graffiti.
65. All conditions precedent to the filing of this action have occurred, or have been
satisfied, waived, or excused.
10
JAMLA
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
66. The Owner has retained the services of Jam Law PLLC in this matter and is required
to pay the firm a reasonable fee for its services.
COUNT I
DECLARATORY RELIEF
67. The Owner adopts and re -alleges the paragraphs preceding Count I of this
Complaint as if fully stated herein.
68. The Owner seeks a declaratory judgment that the Fines and any ordinances that are
found to support the imposition of the Fines, including, but not necessarily limited to, Section 2-
817 of the City's Code of Ordinances, as amended, are unconstitutional and violate and are
preempted by the Local Government Code Enforcement Boards Act.
69. The Owner also seeks a declaratory judgment that the Fines are unconstitutional
because they effect a taking of the Owner's Property without just compensation, adequate notice
or due process of law.
70. The Owner also seeks a declaratory judgment that the Fines were not imposed in
accordance with the City's Code of Ordinances or the Local Government Code Enforcement
Boards Act.
71. There is a bona fide, actual, present practical need for the foregoing declaration.
72. The foregoing declaration deals with a present, ascertained or ascertainable set of
facts or present controversy as to a state of facts.
73. A power, privilege, or right of the Owner is dependent upon the facts or the law
applicable to those facts.
11
JAMALA
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
74. The City has an actual, present, adverse, and antagonistic interest in the subject
matter, either in fact or law.
75. The antagonistic and adverse interests are all before the Court by proper process.
76. The relief sought is not merely the giving of legal advice by the Court or the answer
to questions propounded from curiosity.
WHEREFORE, the Owner, Claude Villette and Anthony Murray, respectfully request a
judgment against the City, City of Miami, declaring the Fines and supporting ordinances
unconstitutional and preempted by the Local Government Code Enforcement Boards Act,
declaring the Fines unenforceable as imposed without compliance with the City's Code of
Ordinances or the Local Government Code Enforcement Boards Act, granting the Owner any and
all appropriate supplemental relief, awarding the Owner attorneys' fees and costs, and granting the
Owner such additional relief as the Court deems just and appropriate under the circumstances.
COUNT II
PREEMPTION
77. The Owner adopts and re -alleges the paragraphs preceding Count I of this
Complaint as if fully stated herein.
78. The City derives its powers from the State of Florida, and it accordingly may not
exercise those powers in ways that conflict with, or are preempted by, state law.
79. Section 2-817 of the City's Code of Ordinances, and any other ordinances that are
found to support the imposition of the Fines, conflict with and are preempted by the Local
Government Code Enforcement Boards Act because, among other things, the Fines exceed the
maximum amount of fines that are permitted under the Local Government Code Enforcement
12
JAMA LA
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
Boards Act and because Section 2-817 of the City's Code of Ordinances, as amended, does not
permit the City's Code Enforcement Board to reduce the amount of the Fines.
80. Therefore, the Owner seeks a judgment declaring that Section 2-817 of the City's
Code of Ordinances, and any other ordinances that are found to support the imposition of the Fines,
are preempted and unenforceable, and relieving the Owner of the Fines.
81. There is a bona fide, actual, present practical need for the foregoing declaration.
82. The foregoing declaration deals with a present, ascertained or ascertainable set of
facts or present controversy as to a state of facts.
83. A power, privilege, or right of the Owner is dependent upon the facts or the law
applicable to those facts.
84. The City has an actual, present, adverse, and antagonistic interest in the subject
matter, either in fact or law.
85. The antagonistic and adverse interests are all before the Court by proper process.
86. The relief sought is not merely the giving of legal advice by the Court or the answer
to questions propounded from curiosity.
WHEREFORE, the Owner, Claude Villette and Anthony Murray, respectfully request a
judgment against the City, City of Miami, declaring Section 2-817 of the City's Code of
Ordinances, and any other ordinances that are found to support the imposition of the Fines,
preempted and unenforceable, relieving the Owner of the Fines, granting the Owner any and all
appropriate supplemental relief, awarding the Owner attorneys' fees and costs, and granting the
Owner such additional relief as the Court deems just and appropriate under the circumstances.
13
JAMILAW
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
COUNT III
QUIET TITLE
87. The Owner adopts and re -alleges the paragraphs preceding Count I of this
Complaint as if fully stated herein.
88. The City has imposed liens against the Property in connection with Case
CE2018020929, Case CE2015021548, and Case CE2020007576.
89. The City may claim an adverse interest in the Property by virtue of the
aforementioned liens.
90. Because the Fines and the ordinances purporting to support the Fines are
unconstitutional and violative of and preempted by Florida law, and because the Fines were not
imposed in accordance with the City's Code of Ordinances, the City's interests in the Property are
partially or wholly not lawful or legitimate, and are otherwise subordinate and inferior to the
Owner's right, title, and interest in the Property.
91. The Owner is authorized to bring an action to quiet title to the Property and to clear
any cloud on the Owner's title.
92. The Owner has a compelling interest in removing the cloud of title imposed by the
City's liens because the title to the Property is currently unmarketable.
WHEREFORE, the Owner, Claude Villette and Anthony Murray, respectfully request a
judgment against the City, City of Miami, extinguishing any right or claim that the City may have
in the Property, partially or wholly removing any and all clouds on title to the Property by virtue
of the liens imposed by the City, and quieting title in the Owner, together with any such further
14
JAMtA
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
relief as this Court deems just and appropriate, including, but not limited to, attorneys' fees and
costs.
COUNT IV
INVERSE CONDEMNATION
93. The Owner adopts and re -alleges the paragraphs preceding Count I of this
Complaint as if fully stated herein.
94. The City is a governmental entity that has the power of eminent domain.
95. The City did not formally exercise this power but nevertheless engaged in a taking
of the Owner's property.
96. A taking occurs when governmental action deprives a property owner of
substantially all economically beneficial or productive use of land.
97. The Property consists of land that was improved by a residential structure and zoned
for purposes of human habitation.
98. The City deprived the Owner of substantially all economically beneficial or
productive use of the Property by, among other things, canceling Claude Villette's application to
renovate the Property after Claude Villette's failure to satisfy the City's arbitrary and impossible -
to -satisfy conditions to obtaining a permit, appropriating all of the Property's equity by imposing
the Fines without adequate notice or due process, failing to grant the Owner a permit to demolish
the Structure, erecting a locked fence on the Property that prevents the Owner from accessing the
Property, and otherwise preventing the Owner from proceeding with the Owner's plans to improve
the Property.
15
JAMALA
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason a@jam.Iaw • (239) 744-3440
99. The City thus has substantially interfered with, and continues to substantially
interfere with, the beneficial use and enjoyment of the Property, and diminished the Property's
value.
100. The Owner is thus entitled to just compensation for the City's taking, including
compensation for the attorneys' fees and costs incurred by the Owner in connection with this
action.
WHEREFORE, the Owner, Claude Villette and Anthony Murray, respectfully request a
judgment against the City, City of Miami, awarding the Owner just compensation for the City's
taking, including attorneys' fees and costs, and granting the Owner such further and additional
relief as the Court deems just and appropriate under the circumstances.
Respectfully submitted,
JAM LAW PLLC
9160 Forum Corporate Parkway, Suite 350 ,t
Fort Myers, FL 33905
Tel. (239) 744-3440
By: /s/ Jason A. Martorella
Jason A. Martorella
Fla. Bar No. 92868
jason@jam.law
16
JAMALA
9160 Forum Corporate Parkway • Suite 350 • Fort Myers, FL 33905
jason@jam.Iaw • (239) 744-3440
Exhibit A
1(th P0scialgq
QUIT CLAIM DEED
111111111111111111111111111111111111111111111
CFN 2011R0454857
OR Bk 27752 Ps 1793 - 1794; (2P9s)
RECORDED 07/12/2011 095154
DEED DOC TAX 222.00
HARVEY RUVIN, CLERK OF couRr
MIAMI-DADE COUNTYr FLORIDA
THIS Q ItT CLAIM DEED, by and between Paramount Land Holdings, LLC, whose
mailing ddress is P.O. Box 264, Gilbert, SC 29054, a Limited Liability Company,organized
and exis ing under the laws of the State of South Carolina, hereinafter called "Grantor", and
Claude Melte, whose mailing address is 27 Rue Des Barrieres, Lamentin 97232, Martinique
(FWI) h reafter referred to as "Grantee".
WITNE 'SETH, that for and in consideration of the sum of Thirty -Seven Thousand Dollars and
no cents ($37,000.00), the receipt and sufficiency of which is hereby acknowledged, the said
Grantor oes grant and convey unto the said Grantee and its assigns, all its right, title and interest
in and to that certain tract or parcel of land lying in the City of Miami, County of Miami -Dade,
State of lorida, described as follows:
THE N( RTU 120 FEET OF THE WEST 45 FEET, 4.5 INCHES OF THE EAST 85 FEET, 3
INCHE: OF LOT 40, OF GRIFFINGS SUBDIVISION OF BISCAYNE HEIGHTS,
AC('OR )ING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 78,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
Property Address: 740 NE 86T" Street, Miami, FL
Parcel II # 01-3207-003-0640
Prior Re orded Information; Recorded 4/21/2009 Book 26835 Page 2537-2538
singular,
its assigr
0 HAVE AND TO HOLD the above described premises, together with all and
the rights and appurtenances thereunto in anywise belonging unto the said Grantee and
s forever.
Book27752/Page1793 CFN#20110454857 Page 1 of 2
OR BK 27752 PG 1794
LAST PAGE
IN wrr Ess W IEREOF Grant r has caused this deed to be executed this, i4day of
Februar).}, 2011.
Signatur
Printed (ieorge, A, Kastanes, Member
Param n Land Ho1din' LC
Witnes IL
Printed
Witness
Printed
STATE
COUNT
OF SOUTH CAROLINA )
Y OF LEXINGTON
l3eforei e, a Notary Public in and for said County and State, personally appeared by George A.
Kastane, Me fiber Paran oun Land Holdings, 1,LQ, acknowledged the execution of the
foregoin Quit Claim Deed and who, having been duly sworn, stated that the representations
therein ontained are true.
Witness my hand and Notarial Seal this 14day of February, 2011.
Signatu
Printed , „onylT,„124,11cins, a Notary Public
Residin in JjQtSC
My com nission expires: my CAtnrriVkli exOT/g )441°' 2°11
Prepare by: Send tax bill/Return to;
George . Kastanes Claude Villette
Attorney at Law 27 Rue Des Berrieres
P.O. Bo 264 Lamentin 97232
Gilbert, SC 29054 Martinique (FWI)
(803) 892-5356 • „01,"-,p,
2
Book27752/Page1794 CFN#20110454857 Page 2 of 2
Exhibit B
State of Florida
unioniiumumuiiniiimiimimni
CF'N 2O23RQ278315
OR BK 33680 Pss 4429-443i (3Pss)
RECORDED 04/26/2023 1.3:15;09
DEED DOC TAX $00.60
LUIS G. MONTALDO, CLERK AD INTERIM
PLEASE USE THE SPACE BELOW FOR THE COUNTY RECORONTY r FL
This instrument was prepared by:
Name:no }ik)SfRl
Address:
After recording, mail document
and tax statements to:
Name:
Address: 'i4{ .. + ^++ 33)T3i
UITCLAIM DEED
This Quit r al Deed (the "'Deed") is maad� effective this
following Grantors) (the "Grantor"): L J,YUxi6 Vi]
he "Effective Oate4) between the
• 1.14
(Check one) I an individual 0 a married individual C_I a married couple0 a corporation 0 a limited
liability company 0 a partnership 0 a trust 0 individuals whose mailing address(es) is/are -'
9,3 [`"i tt t °t4' U i=
614 'lei
And the fotiovting Grantee(s) (the "Grantee"):
(Check one) l an individual 0 a married individual 0 a marred couple 0 a corporation 0 a lir
liability company 0 a partnership n a trust 0 individuals whose mailing address(es) is/are
WITNESSETH, that the Grantor, for and In consideration of the sum of $ \ (United States
Dollars) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is
hereby acknowledged, does hereby quitclaim, convey and release unto Grantee all Interest Grantor has,
if any, in the real property (the "Property') located in (0 an unincorporated area in) County,
P.IO c [State, and more particularly described as follows: Bice., 1)$ a-18 )z o.
ti__i1 . [Legt I description of Property]
The Property will be held as; (Check one)
21 Sole ownership
0 Joint tenancy
0 Tenancy in common
Q Tenancy by the entirety
SUBJECT to the following: [Exceptions]..
Book33680/Page4429 CFN#20230278315
Page 1 of 3
Homestead (Check one)
O The Property is the homestead of the Grantor,
44 The Property is NOT the homestead of the Grantor.
Q Not applicable
TO HAVE AND TO HOLD unto said Grantee, its suors and assigns, for
Transfer Tex (Check ono)
Q Grantor declares that the documentary transfer taxis$
consideration or value of property conveyed.
iitr Grantor declares that the transfer is EXEMPT from any documentary transfer taxes.
EXECUTED this
day of Lek
Grant
eck here if spouse
Gr*nte a Signature 0 Check here if spouse
omputed on the full
ILL
Grantor Name
Grantor Name 0 Check here if spouse
t rant re Name 0 Gheck he If spauae
Book33680/Page4430 CFN#20230278315
Page 2 of 3
Date
My Commission Expires
OR BK 33680 PG 4431.
LAST PAGE
ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF
COUNTY Of:b Pv .
A -
On this day, personally appeared before me, C 12N‘,1.(% Ui 1 t 3i) , to me known to be the
person(s) described in and who executed the within Instrument, and acknowledged that they signed the
same as their voluntary act and deed, for the uses and purposes therein mentioned.
Witness y hanc4nd official seal hegaffixed on this c9k-t
day of
GERLONDA YOUMANS
't Notary Public • State of Florida
Commission it HH 276465
hiy Comm, Expires Jun 14, 2026
Book33680/Page4431 CFN#20230278315 Page 3 of 3
Exhibit C
10/30/23, 11:38 AM
State of Florida
IMG-9748PNG 11111110111111111
11111111
CFN 2023R0781103
OR Bk 33948 P91 2+26-2428 3 Pss
RECORDED 10/31/2023 15:0534
DEED DOC TAX $0.60
JUAN FERNANDE2-BAROU1N
CLERK OF TUE COURT & COMPTROLLER
NIAMI-DADE COUNTY, Ft
PLEASE USE THE SPACE BELOW FOR THE COUNTY RECORDER'S OFFICE:
This instrument ws prepared by:
Name:
Address
After recording, mail document
and tax statements to:
Name:
Address:
3t''
QUITCLAIM DEED
This Quitclaim Deed (the 'Deed') Is made effectiv this the "Effec 've Date") between the
r
following Grantor(s) (the "Grantor):
(Check one) 0 an individual 11 a married individual 0 a married couple Li a corporation 0 a limited
liability company C: a partnership 0 a trust 0 individuals whose mailing address(e) is/are 2
And the following Grantee(s) (the "Grantee"):
-Lux
e vi‘ fie tte
(Check one) 0 an individual 0 a married individual 0 a married couple 0 a corporation 0
liability company CI a partnershi 17)a truindMduaIsmailing address(es) is/are
WITNESSE,TH, that the Grantor, for and in consideration of the sure of S IQ (United Stales
Dollars) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is
hereby acknowledged, does hereby quitclaim, convey and release unto Grantee all trite est G enter has,
if any, in the real property (the "Property") located in (0 an unincorporated area in) ty,
nd more particularly described as follows:
0‘.
The Property will be held as: (Check one)
Li Sole ownership
X.Joint tenancy
o Tenancy in common
0 Tenancy by the entirety
d sedation of Property]
SUBJECT to the following: eptions].
I/&
Ilmited
https://mail ,google,comim a il/u/0/#1n box2p roJectom 1 1/1
Book33948/Page2426 CFN#20230781103 Page 1 of
10/30/23, 2:08 PM INIG-9750,PNG
Lf3)111018# (Check ono)
D The Property Is the homestead of the Grantor,
O The Property ts tigi the homestead of the Grantor,
Not applicable
TO HAVE AND TO HOLD unto said Grantee, its sumessors and assign% forever.
Trarefer Tax (Check one)
Grantor declares that the documentary transfer tax Is $ , computed on the full
consideration or valuer of property conveyed,
IA Grantor declarers that the transfer is EXEMPI from any documentary transfer taxes.
EXEC
D thi : day of 4;:)°-- ‘40C7CL- 20 ,
gnat
ur
Grime. Name El Check here if epo
Grantor Name 0 Ch�okher
11H 4?2,45
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Book33948/Page2427 CFN#20230781103 Page 2 of 3
10/30/23, 2:17 PM
IM(•9751.PNG
ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF Re .
COUNTY OF , PCI,„.•••
On this cloy, personally appeared before rne, known to be the
person(s) described in and who executed the within insmorten and acknowged that they signed the
same as their voluntary act and deed, for the uses end purposes therein mentioned
y hand and official seal her
Notary's Public Signatu
pate)
ffixed on this day of
, GFRLONDA YOUMANS
Notary Public • State of Florida II
\ Comminion i HH 276465
y COMM, EXpfres Jun 14, 2026 0
,Ao _ — N.,,, ....-." --- — — — 4
My Commission Expires
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Book33948/Page2428 CFN#20230781103 Page 3 of 3