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Sarah Commander being sued personally who is covering her legal fees .

Discussion in 'Local Government and Groups' started by Suzanne Harris, Mar 2, 2015.

  1. Suzanne Harris

    Suzanne Harris Beach Fanatic

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    I heard the suit is for violating Alan Osborn's civil rights. Her deposition was to be held on Monday but on Thursday she was admitted to the hospital. I understand the deposition was to be open to the public and video recorded. If she loses this will all of Walton County pay her legal fees which would mean we the tax payers pay.

    I can not understand how this has been kept out of the press if it is indeed true. Alan can you answer this. What is the new deposition date? Also heard there are detectives watching her and who comes and goes to her house. Can you post the lawsuit .

    If she is being sued and loses does she have to step down, and does she lose her pension? I think this would be a federal crime ,am I wrong?

    I guess the main question is if the above is true, did she get sick on Thursday just to avoid her deposition on Monday. Sounds very fishy all of this has been kept quite.
     
  2. John G

    John G Beach Fanatic

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    How dare you accuse the Comander of this!!! :lie:

    Just so happens that C. Jones was also able to temporarily avoid hers due to the schedule getting thrown off due to the illness.

    Have to wait till later this month for the re-do.
     
  3. TeaPartyingHard

    TeaPartyingHard Beach Comber

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    peterpan, I am with you, man. I done TOLD all of yall I saw her in a wet suit with a surf board and a bottle of wine at the beach the very weekend after she went to the hospital for her supposed illness. But noooo, nobody believed me, everybody laughed. Do you believe me now?!
     
  4. justhavinfun

    justhavinfun Beach Fanatic

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    I'm not crazy about Walton County Politics to begin with but "Peterpans comments of "I heard the suit" constitutes "Hearsay" and thats all. And while most of the more vocal members of the forum are probably thinking this but not saying it here, I'll make the jump and my opinion is that two forum members with a combined 8 weeks as forum members and a combined 19 posts mostly about politics have not met my threshold of credibility . Sorry if I offended anyone who posted but I smell trolling ...
     
  5. Bob Wells

    Bob Wells Beach Fanatic

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    LOL No!
     
  6. WileCoyote

    WileCoyote Beach Lover

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    Location:
    Walton County
    UNITED STATES DISTRICT COURT
    NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION


    CYNTHIA L. ABBOTT REVOCABLE TRUST,
    JONILEA FOSTER BELL REVOCABLE TRUST, ALEX R. KISH REVOCABLE TRUST, DIANA J. KISH REVOCABLE TRUST, and SAMUEL A. OSBORNE and ILLEANA E. OSBORNE, as husband and wife,
    Plaintiffs,​

    vs. CASE NO.: 3:14-CV-00646-MCR-EMT

    OLSON & ASSOCIATES OF NW FLORIDA, INC., INTRAWEST SANDESTIN COMPANY, L.L.C., NORTHTIP DEVELOPMENT, LLC, ADAMS HOMES OF NORTHWEST FLORIDA, INC., DAVID O. CAMPBELL, P.E., CAMPBELL ENGINEERING, INC., WALTON COUNTY, FLORIDA, and WALTON COUNTY BOARD OF COUNTY COMMISSIONERS, SARA COMANDER​

    Defendants.

    PLAINTIFF SAMUEL OSBORNE'S NOTICE OF SERVING
    AND FIRST DISCOVERY REQUEST TO COMMISSIONER COMANDER

    Plaintiff, Samuel Osborne (“Osborne”), gives notice of serving Interrogatories and Requests for Production ("Discovery Requests") upon Defendant, WALTON COUNTY COMMISIONER SARA COMADNER (“COMANDER") by serving a copy of this notice together with the Discovery Requests to be answered within the time and in the manner provided under the Rules and in accordance with the attached as Exhibit A “Discovery Instructions

    Definitions,” via email only to all counsel on the attached Service List this 4 day of March, 2015.

    CERTIFICATE OF SERVICE


    I certify that a true copy of the foregoing has been served via e-mail to all counsel
    as listed on the attached Service List, this 4 day of March 4, 2015


    /s/ Shawn M. Heath

    Shawn M. Heath, B.C.S • FBN 0255970
    Nelson Mullins Riley & Scarborough LLP
    3600 Maclay Boulevard South, Suite 202
    Tallahassee, FL 32312-1267
    (850) 907-2521
    (850) 907-2501 facsimile
    Shawn.Heath@nelsonmullins.com
    Attorneys for Plaintiffs​


    SERVICE LIST


    [TABLE]
    [TR]
    [TD="align: center"]Attorneys for David Campbell and
    Campbell Engineering Bradley P. Herndon Bradley P. Herndon, P.A.
    25 Walter Martin Road, Suite 201
    Fort Walton Beach, FL 32549
    P: 850-226-6601
    F: 850-226-7215 bherndon@bherndonlaw.com lhawks@bherndonlaw.com[/TD]
    [TD="align: center"]Attorneys for Adams Homes of
    Northwest Florida, Inc.
    Robert A. Emmanuel H. Wesley Reeder Joseph A. Passeretti
    Emmanuel, Shepperd & Condon Law Firm
    30 South Spring Street
    Pensacola, FL. 32502
    P: 850-433-6581
    F: 850-434-5856 rae@esclaw.com hwr@esclaw.com shm@esclaw.com sew@esclaw.com jap@esclaw.com[/TD]
    [/TR]
    [TR]
    [TD="align: center"]Attorneys for Walton County
    Mark D. Davis
    Sidney N. Noyes
    Walton County Attorney
    161 E. Sloss Avenue
    DeFuniak Springs, Florida 32433
    P: 850-892.8110
    F: 850-892-8471 mdd@co.walton.fl.us sincrissie@co.walton.fl.us[/TD]
    [TD="align: center"]Olson & Associates of NW Florida, Inc. and Northtip Development, LLC
    4300 Legendary Drive, Suite 234
    Destin, FL 32541
    P: 850-650-4353
    F: 850-650-3881 rick@olsonlandpartners.com[/TD]
    [/TR]
    [TR]
    [TD="align: center"]Attorneys for Walton County
    William G. Warner Timothy M. Warner Warner Law Firm, P.A. P.O. Box 1820 (32402)
    519 Grace Avenue
    Panama City, Florida 32401
    P: 850-784-7772
    F: 850-784-7756 billwarner@warnerlaw.us kendallhenley@warnerlaw.us warnerlawpleadings@gmail.com[/TD]
    [TD="align: center"]Attorney for Walton County
    Commissioner Sara Comander
    Linda H. Wade
    Wade, Palmer & Shoemaker, P.A.
    14 N. Palafox Street
    Pensacola, Florida 32502
    P: 850-429-0755
    F: 850-429-0871 lwade@wpslawyers.com kgrover@wpslawyers.com jpaquette@wpslawyers.com[/TD]
    [/TR]
    [/TABLE]



    INTERROGATORIES



    1. Identify the following: Since January 1, 2003 until the present :

    a. Any conferences, meetings or courses hosted or presented by any government agency other than Walton County in which Commissioner Comander attended as an official representative of Walton County, for example, Walton County paid or reimbursed any portion of the expenses for Commissioner Comander's travel or attendance at that conference, meeting or course, etc.,​

    b. Any conferences, meetings or courses that Commissioner Comander attended as an official representative of Walton County where the instruction included training, instruction or education concerning Florida's "Public Records Law" (Chapter 119, Florida Statutes) or Florida's "Sunshine Law" (Chapter 286, Florida Statutes) or training also including any such instruction that was conducted pursuant to paragraph 6 of the attached Final Judgment in the case of Suzanne Harris v. Walton County Board of County Commissioners et. Al. Case No.09CA000800, or instruction in rights established or protected by the United States Constitution and the Constitution of the State of Florida.​

    2. Identify the beginning and ending dates of the elected terms of Commissioner Comander as a Commissioner to the Walton County Board of County Commissioners and which of those terms that the Sandestin Development of Regional Impact and/or Driftwood Estates is, or was, located within the Walton County District from which Commissioner Comander was (or are) elected to serve as a Commissioner to the Walton County Board of County Commissioners.


    3. Beginning on the dates indicated below, identify the dates, times, locations, names of attendees, duration, and the specific subject matter(s) or issues discussed of any meetings (including in person, telephonic or via video) that were not public meetings of the Walton County Board of County Commissioners between Commissioner Comander and representatives of the following:

    a. Since January 1, 2009, Sandestin Investments Inc., (including, but not limited to, Keith Dantin, Dana Mathews, Ron Weaver, Tom Becnel or Ken Metcalf) where a subject matter of the meeting concerned or related to development entitlements, open space, commercial space, residential acreage, land use changes, vehicular or pedestrian access or movement within the Sandestin Development of Regional Impact.

    b. Since January 1, 2005 Alan Osborne concerning any subject matter.


    i. Please produce a copy of any documents or emails that relate to any such meeting(s) with Alan Osborne and produce any documents or emails provided to you or which you provided to Alan Osborne at any such meeting and any documents within your possession, custody or control that concern or relate to Alan Osborne including any emails from Alan Osborne to you or emails from or to any other person that relates to, mentions or concerns Alan Osborne.

    c. Since January 1, 2005, any humans identified as residents or owners of property within Driftwood Estates, or representative of Driftwood Estates or the Greater Driftwood Estates Home Owner's Association, Inc. where the subject matter of the meeting concerned issues related to Driftwood Estates or Sandestin

    d. Since January 1, 2003, Adams Homes of Northwest Florida, Inc., including but not limited to, Don Adams, Wayne Adams, or Robert Emmanuel.

    e. Since January 1, 2005, any Walton County representatives, (including but not limited to, George Ralph Miller, Clay Atkinson, Lynn Hoshihara, Toni Craig, Greg Stewart, Wayne Dyess, Renee Bradley, Greg Kisela, Greg Graham, Pat Blackshear, Larry Jones) ,where the subject matter of the meeting concerned or related to issues within Driftwood Estates or Sandestin.​



    For any such meetings that were attended by lawyers representing you or Walton County, THIS REQUEST DOES NOT SEEK TO KNOW THE SUBSTANCE OF ANY CONFIDENTIAL COMMUNICATIONS BETWEEN YOU AND THAT LAWYER. This request does, however, include an identification of the date of the meeting, the attendees and the general purpose of the meeting.

    f. Since January 1, 2012, any meeting, engagement with former Commissioner
    Scott Brannon, for any purpose or subject matter.​

    4. Since January 1, 2003, identify the date and amount of each campaign contribution or any other payments to you or any of your campaigns for election to the Walton County Board of County Commissioners from the following persons, their companies or their relatives:

    a. William "Billy" Buzzett
    b. Jay Odom c. Lloyd Blue
    d. Don Adams or Adams Homes of Northwest Florida, Inc.​

    e. Wayne Adams
    f. Scott Brannon or Ronnie Brannon or
    i. Freeport Group, LLC
    ii. Freeport Industries, Inc.
    iii. Freeport Industries Development, LLC


    g. Clay Atkinson or Clayton Atkinson or the Atkinson Law Firm h. C. Wayne Jones or any of the following:
    i. CWJ Holdings, Inc.​
    ii. CWJ Investment Associates, Inc., iii. CWJ Development, Inc.,
    iv. CNCW Investment Partnership I, LTD
    v. CNCW Investment Partnership II, LTD
    vi. CNCW Management I, Inc. vii. CNNCW Management I, Inc. viii. CNCW Management II, Inc.
    i. Rick Olson, Olson & Associates of NW Florida, Inc. or Northtip Development j. Intrawest Sandestin Company, LLC or any Intrawest company
    k. David Campbell or Campbell Engineering, Inc. l. Hal Laird or HAL Holdings Inc.


    Request for Production



    1. Please produce a copy of all documents upon which you consulted or relied to
    answer these questions including. Identify which documents correspond to each answer of each interrogatory.



    By
    Its
    STATE OF ________________
    COUNTY OF _______________

    BEFORE ME, the undersigned authority, personally appeared , who was sworn and says that the answers to the foregoing interrogatories are true and correct to the best of his/her knowledge and belief.

    Sworn to and subscribed before me this , day of , 2015, by


    Notary Public - State of

    Name stamped, printed or typewritten
    My commission expires:
    □ Personally known
    □ Produced identification
    Type of identification produced



    EXHIBIT A

    Discovery Instructions and Definitions

    Instructions

    A. Answer each discovery request separately and as completely as possible. The fact that investigation is continuing or that discovery is not complete shall not excuse failure to answer each discovery request as fully as possible.

    B. Respond based upon information known to you and/or your agents or attorneys, other than information which is subject to attorney/client or work product privilege. To the extent that the response to any discovery request is not based upon information known to you, specify the person possessing the information.

    C. If the response to all or part of any discovery request is not presently known or available, include a statement to that effect, specify the portion of the discovery request which cannot be completely answered, and furnish all information that is known or available.

    D. If the response references documents, then identify the documents, by document number or date of the document, title, author and recipient.

    E. Overbroad, Unduly Burdensome, Ambiguous, etc. Objections. If you believe that any discovery request is overbroad, ambiguous, unduly burdensome, or have a similar type of objection, then please contact undersigned counsel before responding with these objections, so that we can resolve those issues to enable you to meaningfully respond.

    Definitions

    When used herein, the following words shall have the following meanings:

    1. As used herein, the term “Document(s)” means, without limitation, all originals, copies and drafts of any written, typewritten, recorded, electronically stored information, CDs, DVDs, transcribed, printed, taped, digital, photographic or graphic matter, however produced or reproduced, whether sent, received, or stored within your possession, custody or control, whether made, written or prepared by you or by any other person including, but not limited to, all drawings, project manuals, submittals, pay applications, pay requests, change order requests, notices of default, notices to cure, job cost reports, all bid documents, bid bonds, payment and performance bonds, close-out and warranty information, warranties, daily reports, construction schedules and schedule updates in paper and electronic form with all restrictions removed, contract conditions, plans, specifications, change orders, requests for information, supplemental agreements, addenda, value engineering proposals, shop drawings, product literature, product data, transmittals, test data, bulletins, progress meeting minutes, books, pamphlets, articles, newspapers, press releases, magazines, booklets, circulars, handbooks, manuals, periodicals, letters, memoranda, files, envelopes, notices, instruments, reports, financial reports, records, studies, transcripts, diaries (formal or informal), checks, stubs, registers, audited or unaudited financial statements, working papers, questionnaires, notes, notations, charts, lists, comparisons, telegrams, cables, telex messages, communications (including intracorporate communications), and reports, notes (including any made during the review or preparation of work papers), notations and memoranda of, or relating to, meetings or telephone conversations, minutes, transcriptions, correspondence, e-mails and attachments, agreements, offering circulars, graphs, tabulations, analyses, evaluations, projections, opinions or reports of consultants, statements, summaries, desk calendars, appointment books, telephone logs, questionnaires, surveys, indices, diagnostic imaging films and tests, prescriptions, computer inputs or outputs, data in computer memory, data stored on discs or tapes, microfilm, magnetic tapes or discs or photographs.


    (a) Different versions of the same documents, handwritten notes or notations in any form, drafts of documents and documents with handwritten notations or marks not found in the original or on other copies are also “Documents”.

    (b) Without limitation of the term “control,” a document is deemed to be within your control if you have ownership, possession, or custody of the original, a copy or the right or ability to secure either from any other person who has possession or custody of it.​


    2. “And” as well as “or” shall be construed either disjunctively or conjunctively, as necessary to bring within the scope of this request any information which might otherwise be construed to be outside its scope; and the singular shall include the plural and the plural shall include the singular except as the context may otherwise require.

    3. “Relating to,” “related to,” or “reflecting” means containing, showing, concerning, respecting, describing, depicting, embodying, including, reflecting, identified with, connected with, in conjunction with, evidencing, representing, comprising, relating to, or referring in any way, directly or indirectly, to, and is meant to include, among other things, matters that are or were underlying or supporting.

    4. “Documents” includes documents now or previously attached or appended to, or used in the preparation of any “Document”.
     
    Last edited: Mar 4, 2015
  7. John G

    John G Beach Fanatic

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    How very interesting...

    Where have we seen those names before?
     
  8. John G

    John G Beach Fanatic

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    Are the Atkinson's referenced in the document any relation to the Sheriff?
     
  9. TailoredBohemian

    TailoredBohemian Beach Comber

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    Hi! I haven't been able to learn much about who runs what here, the politics etc since we just moved a few months ago, so ....

    can someone give me the quick low down of what this is about? Thanks!
     
  10. Misty

    Misty Banned

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    It really is a very long sorted affair if it involves driftwood estates. There may be some older threads that explain it all. Been going on for years.
     
  11. Misty

    Misty Banned

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    Absolutely!
     
  12. beachmouse

    beachmouse Beach Fanatic

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    Osbourne lives in Driftwood Estates just north of Sandestin. Original development plan called for a) road access from Driftwood through Sandestin and b) certain amount of land set aside to deal with stormwater/drainage concerns because it's low land that doesn't drain quickly. Walton County allowed Sandestin to close off road access through Sandestin and also allowed builders to put houses on land that was supposed to be set aside for drainage, causing some flooding problems.

    Osbourne spent a lot of time and his own money suing Walton County for allowing development that was not consistent with the original filed plan for Driftwood Estates and the Sandestin DRI, claiming the county actions interfered with his property values and right to quiet enjoyment of his land and home.

    Here's one recent article that talks a little bit about the Driftwood-Sandestin issue:

    http://www.nwfdailynews.com/local/walton-county-denies-building-permit-in-sandestin-1.362579
     
  13. John G

    John G Beach Fanatic

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    You leave out the FACT that in an Email, the Commissioner being sued attempted to prevent this guy from knowing about and attending a public meeting which involved this issue.

    That's criminal.

    Thanks for confirming the relationship between the two attorney's and the Sheriff.
     
  14. Geo

    Geo Beach Fanatic

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    Beachmouse. I want to shake your hand and buy u a beer.

    For literally years I read and read and read threads about Driftwood Estates. I begged and pleaded that someone dumb it down for me. Each time key players responded with well intended, passionate but I'm afraid- convoluted/confusing attempts at summarizing. I would be quiet for a while and then ask again. Repeat cycle.

    I just popped this thread open and read your post. Praise baby jezuz.

    Thank u for the clear concise summary. Boggles the mind why it took so long. :)
     
  15. Misty

    Misty Banned

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    Clay the son of Clayton is best friends with Brannon and Brannon has an office in the fancy new digs across from the Courthouse which bears the Adkinson name. The Sheriff came here at his Uncle's bidding (his Uncle is the City Attorney) originally as the City Marshall for Defuniak Springs (no such thing as nepotism in Walton County politics LOL) then ran for and got himself elected with the help of his Uncle and most of the names you see posted in the document above.

    In fairness, I do think Michael Adkinson has done a fine job with the Sheriff's Office with the exception of some well documented favors (the drunk driver who plunged 60 foot into the bay comes to mind) and more than a few shady dealings which his notorious Uncle has been a principal too for more than a decade in this County.

    Michael is much more personable than Clayton or his son as well!
     
    Last edited: Mar 5, 2015
  16. TeaPartyingHard

    TeaPartyingHard Beach Comber

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    So is Clay "Atkinson" a typo? Because our sheriff's last name is spelled "Adkinson" with a "D," while in that court document, Clay's like name is being spelled "Atkinson."
     
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  17. Bob Wells

    Bob Wells Beach Fanatic

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  18. Mike Jones

    Mike Jones Beach Fanatic

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    NOTICE OF SPECIAL MEETING FOR EXECUTIVE SESSION


    Take notice that the Walton County Board of County Commissioners will hold a SPECIAL MEETING and a closed EXECUTIVE SESSION on February 23, 2016, beginning at 9:00 a.m., or immediately following the conclusion of the regular scheduled meeting agenda, at the Walton County Courthouse located at 571 U.S. Highway 90 East, DeFuniak Springs, Florida 32433, to discuss the following:


    Cynthia L. Abbott Revocable Trust, et al vs. Olson & Associates of NW Florida, Inc., et al; Case No.: 3:14-cv-646-MCR/EMT


    The following persons will attend the meeting: the Board of Commissioners, Bill Chapman, Bill Imfeld, Sara Comander, Cindy Meadows, and Cecilia Jones; Larry Jones, County Administrator; Mark Davis, County Attorney, and Sidney Noyes, Assistant County Attorney. This meeting will be recorded by a certified court reporter. The court reporter will prepare a verbatim record of the meeting which will be sealed until the conclusion of litigation. The executive session is not open to the public pursuant to Section 286.011(8), Florida Statutes
     

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