"Here's Another Fine Mess You've Gotten Me Into"
That's what Oliver Hardy used to say to Stanley Laurel, and it may apply to the Federal lawsuit filed February 6, 2007 by TAMPOA against the United States and the City of Key West. You, ultimately, will have to be the judge. This lawsuit is, to say the least, complicated and fact intensive. To sort out the claims and the issues will require significant time. The complaint alone is 35 pages long! It contains eight (8) counts. We've been studying the lawsuit and doing some fact gathering of our own. In the coming weeks we'll be trying to help you understand what this matter is really all about. It's complicated and not something that can be explained in a paragraph or two -- if you want to understand it, that is. So, we'll start with the players and bring you the play by play in installments. There are some surprises, so stay tuned.
Let's start the story with the players. Truman Annex Master Property Owners' Association (TAMPOA) is the plaintiff. There are two defendants: The United States of America and The City of Key West. The case is styled by the TAMPOA attorneys as having been brought by TAMPOA "individually and on behalf of its members who own residential properties within the Truman Annex Planned Residential Development." (TAPRD) (More on the TAPRD later). Ordinarily this phraseology "individually and on behalf of . . ." is used indicate that the lawsuit is being brought as a class action, although there is nothing else in the complaint specifically requesting that the case be certified by the court as a class action. In addition the Civil Cover Sheet (a document that the plaintiff's lawyers filing the case have to fill out) provides a box to check if the case is being brought as a class action, and the box is not checked. However, the TAMPOA attorneys can ask the court to certify the case as a class action later in the proceedings, but this will have to be done before too much else transpires if TAMPOA really wants to make the case a class action.
Why is whether this case is ultimately certified as a class action significant? It is because it may affect whether you, as an individual homeowner in the Annex may be bound by what happens in the federal court and may affect whether you, individually, can ever contest a result you are not happy with. So, one point that needs to be clarified by TAMPOA for Annex residents, as well as for anyone thinking of buying in the Annex, is whether TAMPOA intends to seek class certification for the lawsuit.
Even if, however, TAMPOA does not intend to seek class action certification, the outcome of the lawsuit may well affect the rights of all residents of the Annex. From that standpoint alone, Annex residents need to pay attention to what happens in this case. In fact, this lawsuit could turn out to be the most important lawsuit in the history of the relationship between the Annex and the City.
TAMPOA, so far, is not seeking money damages from any defendant nor has TAMPOA requested a jury trial. According to the complaint the federal Quiet Title Act is what TAMPOA relies upon for its claim that the federal court has jurisdiction of the subject matter of the lawsuit, and the Declaratory Judgment Act, TAMPOA claims, provides authority for the court to issue a declaratory judgment in the case.
Who are the attorneys for the parties to the lawsuit? So far, the only official information from the court file shows who the attorneys are for TAMPOA. They are (in order of their listing in the court's file) William Eric Andersen of The Andersen Firm, Key West, Florida and Lynn Edward Wagner also of The Andersen Firm. (Lynn Wagner's office address of The Andersen Firm seems correctly listed in the court's file but there may be a mix up in the data regarding Wagner's current firm affiliation with that of another firm in the court's online attorneys' database connected with this case -- the document we looked at showed Wagner's firm affiliation as "Rumrell Wagner & Costabel," but our investigation leads us to believe that part of the document showing such an affiliation at the time the case was filed is incorrect). The complaint which bears both Andersen's name, Wagner's name, and The Andersen Firm name and Key West office address is signed by Lynn Wagner.
We don't yet know yet who will represent the United States, except that it will be someone from the United States Department of Justice. We also don't know if the Key West City Attorney, Shawn Smith (whose name was listed on the Cover Sheet), will represent the City of Key West or whether the City will retain outside counsel. We are likely to learn that "shortly, " that is, shortly in terms of the pace of litigation.
Stay tuned for more . . .
Let's start the story with the players. Truman Annex Master Property Owners' Association (TAMPOA) is the plaintiff. There are two defendants: The United States of America and The City of Key West. The case is styled by the TAMPOA attorneys as having been brought by TAMPOA "individually and on behalf of its members who own residential properties within the Truman Annex Planned Residential Development." (TAPRD) (More on the TAPRD later). Ordinarily this phraseology "individually and on behalf of . . ." is used indicate that the lawsuit is being brought as a class action, although there is nothing else in the complaint specifically requesting that the case be certified by the court as a class action. In addition the Civil Cover Sheet (a document that the plaintiff's lawyers filing the case have to fill out) provides a box to check if the case is being brought as a class action, and the box is not checked. However, the TAMPOA attorneys can ask the court to certify the case as a class action later in the proceedings, but this will have to be done before too much else transpires if TAMPOA really wants to make the case a class action.
Why is whether this case is ultimately certified as a class action significant? It is because it may affect whether you, as an individual homeowner in the Annex may be bound by what happens in the federal court and may affect whether you, individually, can ever contest a result you are not happy with. So, one point that needs to be clarified by TAMPOA for Annex residents, as well as for anyone thinking of buying in the Annex, is whether TAMPOA intends to seek class certification for the lawsuit.
Even if, however, TAMPOA does not intend to seek class action certification, the outcome of the lawsuit may well affect the rights of all residents of the Annex. From that standpoint alone, Annex residents need to pay attention to what happens in this case. In fact, this lawsuit could turn out to be the most important lawsuit in the history of the relationship between the Annex and the City.
TAMPOA, so far, is not seeking money damages from any defendant nor has TAMPOA requested a jury trial. According to the complaint the federal Quiet Title Act is what TAMPOA relies upon for its claim that the federal court has jurisdiction of the subject matter of the lawsuit, and the Declaratory Judgment Act, TAMPOA claims, provides authority for the court to issue a declaratory judgment in the case.
Who are the attorneys for the parties to the lawsuit? So far, the only official information from the court file shows who the attorneys are for TAMPOA. They are (in order of their listing in the court's file) William Eric Andersen of The Andersen Firm, Key West, Florida and Lynn Edward Wagner also of The Andersen Firm. (Lynn Wagner's office address of The Andersen Firm seems correctly listed in the court's file but there may be a mix up in the data regarding Wagner's current firm affiliation with that of another firm in the court's online attorneys' database connected with this case -- the document we looked at showed Wagner's firm affiliation as "Rumrell Wagner & Costabel," but our investigation leads us to believe that part of the document showing such an affiliation at the time the case was filed is incorrect). The complaint which bears both Andersen's name, Wagner's name, and The Andersen Firm name and Key West office address is signed by Lynn Wagner.
We don't yet know yet who will represent the United States, except that it will be someone from the United States Department of Justice. We also don't know if the Key West City Attorney, Shawn Smith (whose name was listed on the Cover Sheet), will represent the City of Key West or whether the City will retain outside counsel. We are likely to learn that "shortly, " that is, shortly in terms of the pace of litigation.
Stay tuned for more . . .
Labels: Federal Case
posted by Conchette at 1:30 PM
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