Sara Comander Litigation Documents

Discussion in 'Local Government and Groups' started by WileCoyote, Mar 23, 2015.

  1. WileCoyote

    WileCoyote Beach Lover

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    From: Shawn Heath
    Sent: Friday, March 13, 2015 4:27 PM
    To: mdd@co.walton.fl.us; Bill Warner (billwarner@warnerlaw.us)
    Cc: Sidney Noyes (noysidney@co.walton.fl.us); Kendall Henley (kendallhenley@warnerlaw.us); Crissie Singletary (sincrissie@co.walton.fl.us); Gregory T. Stewart (gstewart@ngnlaw.com)
    Subject: Driftwood - Sources of funds for Walton County - GRM
    Importance: High



    Mark and Bill

    For years we have pointed out multiple sources of funds that the County could obtain or pursue to address the flooding and other problems in Driftwood.

    One of those is a claim against George Ralph Miller for breach of fiduciary duty. As shown by the attachments:

    1. He testified that he was Walton County’s attorney from 1968- to about 2002
    2. His file indicates that he represented Walton County on the 2002 NOPC regarding Sandestin.
    3. In March 2003, the Driftwood developer (Olson) hired GRM to obtain a development order which he was able to do and avoid all public hearings and public notices and many of the requirements of the Comp Plan and Land Development Code.
    4. In 2005 in represented Olson before the BCC regarding Driftwood and negotiated Olson’s settlement agreement with Walton County. (He also worked with Adams Homes in a joint defense arraignment at that time.)
    5. In 2007 he represented Olson again before the BCC regarding Driftwood and appeared as counsel of record for Olson in this lawsuit and has never withdrawn.
    6. In spring 2010 Walton County paid him for his legal advice on Driftwood. (Without a written contract in place.) He was hired by Lynn Hoshihara at Commissioner Brannon’s instruction.
    7. In 2010 and 2011 he represented Walton County in its discussions and adverse issues with Sandestin and Mr. Becnel.
    8. After 2011 he, and Lloyd Blue, represented Mr. Becnel in advancing Mr. Becnel’s interests with Walton County for Sandestin. Lynn Hoshihara attended those meetings for the County. She authorized payment of Mr. Miller’s invoices for many months prior that to advise Walton County concerning Sandestin.

    Mr. Miller’s conduct for Olson betrayed his duties to his former client (Walton County) in part because GRM circumvented the lawful process to obtain the development order and later, in his role as the County’s attorney, advise the county concerning the legality and propriety of the Driftwood neighborhood. Its rational to believe that he had a self-interest and the interest of Olson in not advising the County properly, objectively about Driftwood and Sandestin or the extent of his prior role.

    Most lawyers would view this as a relatively easy case of liability. The County should have required Mr. Miller to maintain a professional liability policy of at least $1 million, so the County should make a claim and then use those funds to help solve problems in Driftwood. That should be an easy case.

    From: Shawn Heath
    Sent: Monday, March 09, 2015 11:47 AM
    To: mdd@co.walton.fl.us; Bill Warner (billwarner@warnerlaw.us); Sidney Noyes (noysidney@co.walton.fl.us)
    Cc: roogenara@co.walton.fl.us; Kendall Henley (kendallhenley@warnerlaw.us)
    Subject: Driftwood - misc --
    Importance: High



    Mark and Bill

    1. If you recall, Angie Biddle’s deposition was slow and cumbersome because her file was somewhat out of order. If you guys will send me email copy of her file to me in the order that she wants it, we will bates # it and I’ll bring copies for everyone next week. Also, please ask Commissioners Comander and Jones to come to their depositions next week with any documents that likely will be germane to their testimony.

    2. We are about to start spending a significant amount of money for experts to update their work and for additional experts. We have already spent tens of thousands of dollars on experts. Obviously our clients, who are not large corporations, would prefer not to spend that money. Based on what our clients have learned (and are continuing to learn) about Walton County’s deliberate actions against them, all of them are committed to take this case to the end. ( I do not think anyone doubts Alan’s commitment; he will go broke and worse before he quits.) Frankly, our experts, after they studied this case, have also expressed their personal disgust and disbelief at the conduct of the government, such that I know they will continue to work on this case even if our clients could not pay them anymore. (I will also.) I have also had many people with resources express their support for our case and that they would also help fund this case if we need it; in light of the Hampton Inn controversy many of those home owners in Seaside also feel the same way.

    3. Every week or so, we receive documents from Walton County that should have been produced years ago in response to public records requests that clearly asked for any document related to “Driftwood.” (Walton County’s 2010 grant application is a good example; it specifically concerned Driftwood. It also involved Renee Bradley and Bill Imfield but neither of them mentioned it in prior depositions when its existence was within the scope of my questions to them.) In light of the inordinate delay to produce emails and other documents responsive to our public records requests and Walton County’s repeated failure to disclose so many documents over these years that directly relate to Driftwood, it is rational to conclude that many of those documents will be adverse to Walton County. Moreover, to the extent that those documents are not timely produced before the depositions of Walton County witnesses, then I intend to take (or retake) the deposition of witness who are relevant to those documents.

    4. I say all of that to say this. Our clients will not settle unless they are repaid ALL of their costs and fees in addition to other satisfactory terms. The longer this litigation goes on and the more they spend simply increases the amount of any settlement.

    The extended litigation obviously also increases the County’s expense and resources for all of the following:

    - paying for 2 lawyers (Bill Warner and Linda Wade) and Bill’s assistant.
    - 2 other lawyers time—you and your assistant staff counsel,
    - I also know that a 5[SUP]th[/SUP] lawyer (Greg Stewart) is working on issues that will be at the heart of this case
    - your staff’s considerable time
    - all of the commissioners time and their assistant’s time
    - Walton County’s staff’s time for depositions and discovery requests at least the following departments:
    o planning,
    o accounting,
    o engineering,
    o clerk of courts,
    o tax assessor
    o tax collector
    o public works

    Consider that at last month’s depositions, Walton County was paying for 4 lawyers to attend plus multiple members of County staff. The collective value of all of that time was at least $1000 per hour of cost to the County. With preparation, that week probably cost Walton County $40,000.

    I know that the taxpayers association and others will be adding up all of the amounts that Walton County has spent in legal fees and other costs in fighting against Driftwood for something that Walton County has known is a serious problem for years. The taxpayers association will also calculate the lost value in tax revenue to Walton County from lost home values in Driftwood. We also know that the taxpayers association is sympathetic to our clients plight and sees the best use of taxpayers money now is to resolve the case and find solutions instead of wasting tens of thousands of more money in legal fees.

    We all know that even if Walton County wins every aspect of this case, it will cost Walton County hundreds of thousands of dollars and the County will still have to address the drainage and mosquito problem which will cost the County millions of dollars more.

    In light of the Driftwood Road Analysis Report prepared by Walton County in 2011 (that was revealed for the first time last month) (See attached Exhibit 396), the roads in Driftwood II have significant cracking requiring repair and a geotechnical engineering analysis such that the County will not accept maintenance responsibilities for those road until the Driftwood II Homeowner’s Association performs the repairs that County should have required the developer to perform. It was also these roads and stormwater drainage system that Greg Graham approved just months before in 2010.

    Now the problem is that DR Horton took over control of the Driftwood II HOA, but has never been required by Walton County to address those problems. Instead the County has allowed continued construction of homes in Driftwood exacerbating that road cracking and deterioration by heavy dump truck traffic volume (which has further harmed the roads in Driftwood I that Walton County made those homeowners pay for via a MSBU.) The Driftwood II HOA likely will not have the funds to address these expensive problems (many of the homes in the interior have been foreclosed and many are cracking) so Walton County will have to otherwise leave those people at increased risk or pay for the repairs.

    In allowing the continued construction of homes in Driftwood, the County has also knowingly increased the risk to the thousands of its residents because the County’s own grant application to the State of Florida acknowledges that the access is a major life safety concern. (These would have been ample grounds for the County to at least suspend construction to address a significant life safety issue.)
    Meanwhile all of these problems also a significant drag on all property values of ALL of the homes in Driftwood (as reflected in the tax assessor’s own valuations) which of course means that not only has Walton County created and allowed itself to become functionally responsible for millions of dollars of infrastructure repair costs, it has significantly reduced its tax revenue from Driftwood; it’s a lose—lose for Walton County. It should not be forgotten that the developers and builders in Driftwood made tens of millions of dollars in profit while leaving Walton County with all of these problems that Walton County knowingly enabled.

    So, any rational person should see that the most beneficial use of the taxpayers money is to stop paying legal fees and use those and other funds to fix the problems.
    There are ample viable solutions for these problems that can decrease the further irrational waste of Walton County’s taxpayer’s money, but even the time for those is passing by the County’s slumber.

    NOW—before both the County and our clients spend hundreds of thousands of more dollars (we will file new lawsuits within the next 30 days)—is the time that we should try to settle this case. We both know that none of these facts will materially change between now and the mediation in July, so there really is no economic value to anyone—except the lawyers—to settle this case.

    Please let me know your response by tomorrow afternoon—even if it is an unequivocal “No” as I cannot wait much longer than that to have my experts start their work again.

    Respectfully

    Shawn Heath

    *****More to Come*****
     
  2. WileCoyote

    WileCoyote Beach Lover

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    From: Shawn Heath
    Sent: Monday, March 09, 2015 4:19 PM
    To: Mark Davis; roogenara@co.walton.fl.us
    Subject: Public Records Request - 3/9/15 #1 -- Walton County Reserve Funds







    This is a Public Records Request (“PRR”) to Walton County.

    Please produce Document(s) within your custody, possession or control that show the following information for Walton County.

    a. Other than amounts that are within Walton County’s annual operating budget, produce the documents that show the 1. Balances and 2. The Names and addresses of each investment manager and location of each asset for all funds, financial or monetary intangible assets, bank accounts, accounting allocations, trust accounts, reserve accounts, financial or monetary investments accounts, stocks, bonds, certificates of deposit, and any other like investment or monetary assets or reserve funds for each of their respective account statements dated at or near the following:
    i. 1. June 2013
    ii. 2. January 2014
    iii. 3. June 2014
    iv. 4. January 2015
    v.
    We prefer to receive these as email attachments or in electronic form if more or equally feasible to other methods of production.

    If the cost to respond to this request is estimated to exceed $100, please provide an estimate of such cost before proceeding. Please let me know if a response to this request is possible by March 19, 2015 and if not, an estimated date of completion.

    Respectfully


    Shawn Heath
     
  3. WileCoyote

    WileCoyote Beach Lover

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    [TABLE]
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    [TD]Shawn Heath <shawn.heath@nelsonmullins.com>
    [/TD]
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    [TD]11:35 AM (5 hours ago)[​IMG]
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    [TD]to roogenara, Mark, noysidney
    [​IMG][/TD]
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    This is a Public Records Request (“PRR”) to Walton County.

    Please email to me (today if at all possible) a copy of your current public records request log.


    We prefer to receive these as email attachments or in electronic form if more or equally feasible to other methods of production.

    If the cost to respond to this request is estimated to exceed $10 please provide an estimate of such cost before proceeding. Please let me know if a response to this request is possible by today and if not, an estimated date of completion.

    Respectfully

    Shawn Heath
     
  4. WileCoyote

    WileCoyote Beach Lover

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    [TABLE]
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    [TD]Shawn Heath <shawn.heath@nelsonmullins.com>[/TD]
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    [TD][​IMG]4:55 PM (23 hours ago)[​IMG][/TD]
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    Linda

    One more effort/request.

    See below.



    Shawn Heath



    From: Shawn Heath
    Sent: Wednesday, March 11, 2015 4:27 PM
    To: Linda Wade (lwade@wpslawyers.com)
    Cc: jpaquette@wpslawyers.com
    Subject: FW: Driftwood - Comander Witnesses
    Importance: High



    Linda

    Please see below.

    If I do not get an answer, I have no alternative to interpret silence to mean that you won’t amend. So, I’ll file a motion. This is my effort to confer before filing a discovery motion per the local rules.

    Danka

    Shawn Heath




    From: Shawn Heath
    Sent: Thursday, March 05, 2015 5:14 PM
    To: 'Linda Wade'
    Cc: jpaquette@wpslawyers.com
    Subject: RE: Driftwood - Comander Witnesses
    Importance: High



    Linda

    See below. Are you going to amend the disclosures to identify a description of the subject matter and type of discoverable information that you believe each is likely to have? I need to know soon because I can’t otherwise wait much longer given our relatively short discovery schedule. I am aware that you have spoken to some of your witnesses. Also, I need addresses or other contact information for these witnesses.

    Finally, your disclosure states that “these witnesses have knowledge about the allegations contained in the Complaint and the defenses thereto.” Obviously the complaint contains many allegations and I don’t think Comander has filed an answer that identifies her defenses.


    Shawn Heath




    From: Shawn Heath
    Sent: Wednesday, February 11, 2015 1:08 PM
    To: 'Linda Wade'
    Subject: RE: Driftwood - Comander Witnesses



    The description of the subject matter of discoverable information of the witnesses that you identify on your initial disclosures is too broad to give me any idea of what type of discoverable information that you believe each is likely to have.



    Shawn Heath



    From: Linda Wade [mailto:lwade@wpslawyers.com]
    Sent: Wednesday, February 11, 2015 12:51 PM
    To: Shawn Heath
    Subject: Re: Driftwood - Comander Witnesses



    Not sure what you mean ?

    -Linda Wade
    Wade,Palmer & Shoemaker

    Lwade@wpslawyers.com.



    On Feb 11, 2015, at 8:50 AM, Shawn Heath <shawn.heath@nelsonmullins.com> wrote:
    Linda

    I need more specificity about the subject matter of each witnesses expected testimony (e.g. which allegations and which defenses) and/or facts so I can make decisions about who to depose and in what sequence.

    Thanks

    Shawn Heath

    Court Filing View attachment 201503051654.pdf
     
    Last edited: Mar 23, 2015
  5. bentley williams

    bentley williams Beach Fanatic

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    Really poor taste to spam this board with this stuff.

    Extremely bad netiquette to post email addresses due to spambots grabbing them. I am requesting this be deleted for that reason.
     
  6. WileCoyote

    WileCoyote Beach Lover

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    Records Request



    From: Shawn Heath
    Sent: Sunday, March 22, 2015 4:50 PM
    To: roogenara@co.walton.fl.us; mdd@co.walton.fl.us
    Cc: Sidney Noyes (noysidney@co.walton.fl.us)
    Subject: Public Records Request - 3/22/15 #1 -- Commissioner Comander's emails with Robert Nelson
    Importance: High
    [​IMG]







    This is a Public Records Request (“PRR”) to Walton County.

    Please produce Document(s) within your custody, possession or control for Walton County Board of County Commissioner Sara Comander.
    1. Since January 1, 2009 through the date of the response, Commissioner Comander’s emails or text messages to/or from Robert Nelson including, but not limited to, the following email addresses:




    We prefer to receive these as email attachments or in electronic form if more or equally feasible to other methods of production.
    If the cost to respond to this request is estimated to exceed $200, please provide an estimate of such cost before proceeding. Please let me know if a response to this request is possible by April 10, 2015 and if not, an estimated date of completion.

    Respectfully

    Shawn Heath
     
  7. WileCoyote

    WileCoyote Beach Lover

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    Request For production Of Documents


    [TABLE]
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    [TD]Shawn Heath <shawn.heath@nelsonmullins.com>[/TD]
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    [TD][​IMG]Mar 22 (1 day ago)[​IMG][/TD]
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    [TD]to Susan, bherndon, lhawks, rae, hwr, shm, sew, jap, mdd, sincrissie, rick, billwarner, kendallhenley, warnerlawplead., lwade, kgrover, jpaquette, cfv
    [​IMG][/TD]
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    Attached is the 2[SUP]nd[/SUP] Request for Production to Commissioner Comander.

    Shawn Heath


    Request Document

    View attachment Osborne 2ND RFP to Comander.pdf
     
    Last edited: Mar 23, 2015
  8. bentley williams

    bentley williams Beach Fanatic

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    Not to mention I have no idea who these people are, what they are saying, what it means, or why you are posting. It seems like spam for sure when you don't start out with why you are posting or what it is in reference to.
     
  9. WileCoyote

    WileCoyote Beach Lover

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    [TABLE]
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    [TD][h=3]Shawn Heath <shawn.heath@nelsonmullins.com>[/h][/TD]
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    [TD]11:58 AM (4 hours ago)[​IMG]

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    [TD]to roogenara, Mark, noysidney
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    This is a Public Records Request (“PRR”) to Walton County.

    Please produce Document(s) within your custody, possession or control for Walton County which demonstrates the following since January 1, 2005:
    The identification of the “Custodian of Public Records” for Walton County as defined by Section 119.011(5) Florida Statutes and documents that identify, describe, or state the duties, responsibilities, instructions for the execution and performance of those duties and responsibilities of the Custodian of Records.

    We prefer to receive these as email attachments or in electronic form if more or equally feasible to other methods of production.
    If the cost to respond to this request is estimated to exceed $25 please provide an estimate of such cost before proceeding. Please let me know if a response to this request is possible by April 6, 2015 and if not, an estimated date of completion.

    Respectfully

    Shawn Heath
     
  10. kayti elliott

    kayti elliott Beach Lover

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    My guess is that the county commission and their lawyer is ignoring requests for public information. That's spam?
     
  11. WileCoyote

    WileCoyote Beach Lover

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    The april deposition schedule - plaintiff depositions

    Several of these should be FUN ! :boxing:

    April NOD.jpg
     
  12. John G

    John G Beach Fanatic

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    Its not Spam. Its Criminal.
     
  13. Andy A

    Andy A Beach Fanatic

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    Let's see. Sara Comander ran unopposed in the last election. The one prior to that she was elected by an overwhelming margin. As far as I am aware, she is the only Commissioner to hold Walton County Vision forums, where outside guest speakers spoke to the very few interested Walton County residents who learned what should happen down the road in regards to development, economics, infrastructure and other facets necessary for successful government. Most Walton County residents sat on their hands, sued the county or complained and moaned rather than educate themselves. Over 400 requests for public records requests have been received in the last two months or thereabouts. There is no one more for open government than I am, but this appears to be pure harrassment on the part of some and to the detriment of others. Frivilous requests for public records cost county employees time that could be used more productively elsewhere and us, the taxpayers, money. There are a few here who want to run the county without the expense and stress of running for the necessary office. That is not how the system works. Sara Comander will be back stronger than ever! Until then, realize she has to shop, eat, and do the every day things we all do with as little effort as possible. She is not bedridden but some of the above seem to think that is the only way she is excused from participation at her job, which by most Walton County resident's standards, she accomplishes extremely well. But then, what would you expect from those who ignore ordinances and do expactly what they please at the expense of their neighbors and other citizens of Walton County.
     
  14. Suzanne Harris

    Suzanne Harris Beach Fanatic

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    Come to her deposition and learn the true facts. Good bad or otherwise. It is now set for the end of April. Andy, Alan and the other owners at driftwood have been trying for years to just get the county to fix their flooding problem caused the county not taking responsibility. Wait and see what this will cost the county end the end. All Sarah had to do was do as Alan kept requesting and just stop issuing permits until the water problem was solved. Andy I wish you had all the facts but you do not. I also do not blame you for defending someone you believe in.

    End the end the county will spend a fortune and the citizens will all be out a great sum of money and no on will win. The county has major other problems that will come to light and what we all need to do is stop, get the facts and make changes.
     
  15. Andy A

    Andy A Beach Fanatic

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    I may not know all the "facts" but I do know that this started with Sandestin DRI a long time ago. To blame the BCC instead of the developer of Driftwood Estates is ludicrous, IMO. But then, I am not involved or live id Driftwood Estates. I just know that development orders, once issued, are meant to be followed.
     
  16. Suzanne Harris

    Suzanne Harris Beach Fanatic

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    I agree the county should have followed the rules and the DRI but that has not happened. There are many Development orders way out of compliance and some even altered is my guess. The county could have fixed this problem, allowed the houses to be built and saved everyone a lot of heart ach and anger not to mention money. If your home flooded for years and you begged for help from our county and were ignored you would be furious.

    When Mrs. Harris filed suit the county could have just let her keep her volleyball net as that is what the whole thing was over. Instead they chose to fight her. She later discovered they had broken the Sunshine Law, deleted records, e mails and sent computers to the dump with no back up as the law requires. What was the outcome, a law suit that cost the county a lot of your tax dollars. Was it worth it???. All they ever had to do was allow her to keep her volleyball net.

    Now years of fighting over drainage in Driftwood and Mrs Commander voting time and time again to keep allowing building permits to be issued and accepting no responsibility to help the owners only to allow the developers to continue to build and make the flooding matters worse.


    There was a mediation and the county agreed to that mediation settlement but again backed out and did nothing. Tell me if this were your home and investment would you be happy? Just put your self in the driftwood owners place.





    .
     
  17. WileCoyote

    WileCoyote Beach Lover

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    Shawn Heath
    to roogenara@co.walton.fl.us, Mark, Sidney
    3 hours agoDetails



    This is a Public Records Request (“PRR”) to Walton County.
    Please produce Document(s) within your custody, possession or control for Walton County which demonstrates the following since January 1, 2005:

    The identification of the Walton County Board of County Commissioners examination “as to the sufficiency of bonds of the county officers” at its “regular meetings in January and June of each year” pursuant to the requirements of Section 137.05, Florida Statues (copy attached.)

    We prefer to receive these as email attachments or in electronic form if more or equally feasible to other methods of production.


    If the cost to respond to this request is estimated to exceed $25 please provide an estimate of such cost before proceeding. Please let me know if a response to this request is possible by April 6, 2015 and if not, an estimated date of completion.

    Respectfully

    Shawn Heath



    If the cost to respond to this request is estimated to exceed $25 please provide an estimate of such cost before proceeding. Please let me know if a response to this request is possible by April 6, 2015 and if not, an estimated date of completion.

    Respectfully
     
  18. WileCoyote

    WileCoyote Beach Lover

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    Last edited: Mar 24, 2015
  19. WileCoyote

    WileCoyote Beach Lover

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  20. WileCoyote

    WileCoyote Beach Lover

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    This is a Public Records Request (“PRR”) to Walton County.



    Please produce Document(s) within your custody, possession or control for Walton County which demonstrates the following:

    1. All dates and reasons for Commissioner Emfield’s recusals as a Walton County Commissioner from consideration or action concerning issues related to Sandestin or Driftwood Estates, including, but not limited to, the State of Florida Ethics Commissioner form documents that were signed by Commissioner Emfield related to his recusals.

    We prefer to receive these as email attachments or in electronic form if more or equally feasible to other methods of production.

    If the cost to respond to this request is estimated to exceed $25 please provide an estimate of such cost before proceeding. Please let me know if a response to this request is possible by April 6, 2015 and if not, an estimated date of completion.

    Respectfully

    Shawn Heath
     

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