Incident Highlights | Pompano Beach Community Redevelopment Agency v Gil Eriksen Properties LLC

Incident Highlights

U.S. CONSTITUTION NOT UPHELD IN BROWARD COUNTY, FLORIDA

Cases: Pompano Beach Community Redevelopment Agency (CRA) v. Gil Eriksen Properties LLC; Case No. 06-004169 (21) ,17th Judicial Circuirt

& Gil Eriksen Properties LLC v. Pompano Beach Community Redevelopment Agency 4D08-247 , 4th District Court of Appeal

Status: OPEN

• The Pompano Beach Community Redevelopment Agency was found to be created improperly, and have no authority to condemn properties through eminent domain, and yet they have been doing it for something like 18 years in the City of Pompano Beach and Broward County [Pompano Beach CRA v. Derriek Phillips, et al.; Case No. 06-03741 (18), & Pompano Beach CRA v. Phillips No. 4D07-2865 & 2866.] [“Redevelopment Agency Can’t Seize Business, Judge Rules.” Elgin Jones. Broward Times. June 29, 2007.]

• The property and businesses at the property were recognized in local, state, national and international media as an icon of the height of cool, fame, and success, as well as the height of community involvement and redevelopment. The buildings on the property are historical and represented 80 years of U.S. and Pompano Beach history, and Gil Eriksen Properties LLC saved them and restored them. Jimmy Star brought business, employment, the arts and entertainment to the people of Pompano Beach. Broward County Commissioner Kristin Jacobs commended these redevelopment efforts in letters to the CRA as the kind of redevelopment needed, especially when financed privately, and questioned the CRA as to the taking of this property.

• Since the taking 4 years ago, the entire property was stripped, then set for demolition whereby one building and 3 lots were completely demolished. Then a fight to save the other building began by the Broward County Historical Society, and demolition was halted, and now one building, a mere shell of what it once was, is being rented to a local Eta Nu Chapter of Omega Psi Phi fraternity even though it is now uninhabitable and would need to be redeveloped all over again. The latest plan is for land across the street to be used for Broward County School Board buildings. To make matters worse, the property was up for sale long before Gil Eriksen Properties purchased it and restored it, so the CRA or Broward County could have bought it any time they liked.

• Floridians voted to stop eminent domain for private development, sending a clear message to the CRA, but this case was seemingly pushed through just before this restriction would go into effect. The first judge on the case was apparently opposing counsel Mitch Burnstein’s mother, Miette K. Burnstein, the first female circuit court and chief judge of Broward County, who later recused herself.

• The agencies involved in the land and business grab, like The Urban Group, and the Pompano Beach CRA have stalled, harassed, threatened, lied, and used techniques of distraction, confusion and exhaustion of resources to attempt to force a conclusion to their benefit. Things like the CRA and Urban Group making a high initial offer that they won’t actually let Eriksen accept, as the CRA has already filed suit, just so it is on record and hurts the ability for the property owner to obtain counsel as counsel must secure a judgment above that offer to begin to earn fees. Things like Mitch Burnstein, counsel for the CRA saying he has never heard of the Urban Group, or one of Eriksen’s first real estate attorneys, Peter Rose of Rose & Rose P.A. before Judge Andrew. Things like delaying proceedings repeatedly, and the list goes on.

• All attempts to have a hearing of the facts have been blocked. A Motion to Vacate the Order of Taking on the basis of the CRA’s lack of authority as well as several improper procedures and questionable acts committed by the CRA and The Urban Group was blocked from even being heard at the Circuit Court by the now deceased Judge Robert Lance Andrews. This denial of hearing was upheld at the District Court of Appeals by Judges Larry A. Klein (who retired shortly after), Judge W. Mathew Stevenson and Associate Judge Glenn D. Kelley. Our appraisal by renown appraiser Grant W. Austin of American Valuation Inc. was stricken from record by Judge David Krathen. Discovery time limits were applied only to Gil Eriksen Properties and not the CRA by Judge David Krathen. A Motion asking Judge David Krathen to recuse himself was denied by Judge David Krathen. Judge Robert Carney granted Eriksen’s last counsel their motion to withdraw on the morning of trial, delaying trial and potentially blocking it for good. Even now a motion by opposing counsel Mitch Burnstein is currently entered to block Gil Eriksen, the representative of Gil Eriksen Properties from testifying in his defense, that is, if Eriksen can even get a trial.

• Counsel is also hard to come by in the highly specialized eminent domain club. Gil Eriksen Properties’ first specialized eminent domain attorney, Paul Golis who came highly recommended in the community, having been on the ethics committee, didn’t advocate for his client and was actually disbarred during the case for stealing money from another client, hence leaving Eriksen without counsel. Disbarred!!! Now Eriksen’s second set of eminent domain attorneys, Allan M. Rubin and Suzanne M. Driscoll who are known to be the best eminent domain attorneys in Florida from the very prestigious law firm Shutts & Bowen LLP withdrew from the case suddenly and without warning on the actual morning of trial after 3 years of working with Gil Eriksen Properties to get to trial. This now leaves Eriksen without counsel, and without a trial, again. As a corporation, Gil Eriksen Properties cannot represent itself solely and is required to have counsel.

• Also all attempts to settle the case have been blocked as Gil Eriksen Properties has made numerous offers on six different occasions, officially, unofficially and through mediation that have either been ignored or dismissed by the CRA. Now Gil Eriksen Properties is dead locked from making or accepting any potential offer as its previous counsel, Allan Rubin of Shutts & Bowen LLP has made a claim by Charging Lien to any proceeds from the case, even though they withdrew voluntarily the morning of trial, and eminent domain fees are supposed to be paid by the CRA.

• As it stands, as of March 1, 2010 Gil Eriksen Properties was granted 20 days to obtain new counsel and a case status conference is set with Judge Krathen on March 29, 2010.

We think President Obama has been working to bring back a return to Constitutional Law; we stand with him and with the United States of America, and we will not sit quietly or idly by while civil rights of the many are trampled by the few.