The hearing before Judge McMillan will continue on the morning of November 9, 2016, at which time Mr. Reynolds' counsel, Thomas Elijah Cushman, will be heard seeking dismissal and attorney fees under Florida's anti-SLAPP statute.
No more continuances will be granted.
During the October 26th hearing before Judge McMillan, counsel for RICHARD O'BRIEN -- also counsel for numerous developers -- stated O'BRIEN's intention to amend his petition, seek discovery, and call witnesses for the dubious proposition that he has a right to an injunction stopping government watchdog Tom Reynolds from criticizing him.
This is nuts.
In a county long run by Caudillos, RICH O'BRIEN must think he is Lord God King Weasel to suppose he has the right to take up the Circuit Court's time with a tidewaster like this one.
In a courtroom where injunctions are being sought to prevent domestic abuse and cure neighborhood disputes, O'BRIEN's case stood out as subtly as a cockroach crawling across a white rug -- the Mayor of St. Augustine Beach seeks to embroil the courts of the State of Florida in chilling, coercing and restraining First Amendment protected activity.
Embattled St. Augustine Beach Mayor RICHARD O'BRIEN has hired the developer law firm, ST. JOHNS LAW GROUP, to represent him in illegal "stalking" injunction lawsuit against St. Augustine Beach government watchdog Thomas F. Reynolds, complaining that Mr. Reynolds had "stalked" him by engaging in First Amendment protected activity -- speaking in public meetings, sending e-mails to government officials about official business and conflict of interest, and complaining about alleged environmental violations by O'BRIEN after Hurricane Matthew.
O'BRIEN has encumbered a seat on St. Augustine Beach Commission for fourteen years -- four terms. He wants a fifth.
ST. JOHNS LAW GROUP represents developers. It also represented the City of St. Augustine Beach, 2009-2016. It is owned by DOUGLAS NELSON BURNETT, former understudy of the late developer lawyer GEORGE MORRIS McCLURE, who once won every government favor he asked for, until he embezzled money from ROGERS TOWERS law firm, which reported him to the Florida Bar (which did nothing). McCLURE was videotaped with a developer handing cash to former County Commission Chairman Thomas G. Manuel, who pled guilty to federal bribery charges and served time in prison; of all the times McCLURE ever gave money to politicians for developers, this was apparently the only time he ever did it for the FBI. After Manuel's arrest, an FBI telephone conversation tape record and a transcript showed McCLURE and St. Johns County Sheriff DAVID SHOAR f/k/a "HOAR" bragging of their accomplishment, high-fiving like fratboys.
Lawyer DOUG BURNETT is the son of Lt. General DOUGLAS BURNETT, retired Florida National Guard commanding general, a consultant for arms merchants. Retired Lt. Gen. DOUGLAS BURNETT is an appointee of Governor RICHARD LYNN SCOTT to college boards and to the board of the St. Johns River Water Management District. DOUG BURNETT is a close associate of both developers and government officials, blurring ethical lines in a way that people in St. Johns County no longer tolerate.
Louche developer mouthpiece DOUG BURNETT and ST. JOHNS LAW GROUP quit as St. Augustine Beach City Attorney after ethics complaints by Mr. Reynolds, who complained it was advertising its services on the website of the City of St. Augustine Beach. The Florida Ethics Commission found BURNETT gave bad legal advice to Commissioner ANDREA SAMUELS, resulting in her prohibited conflict of interest in voting to appoint her husband, ROBERT SAMUELS, as Junior Alternate on the St. Augustine Planning and Zoning Board; represented by former Ethics Commission Chair MARK HERRON, a Tallahasse power lawyer, SAMUELS got no penalty due to BURNETT's malfeasant negligent advice. The decision was not published and there was no press release by ethics Commission; the public did not learn of it until 2016 (on this blog, natch).
One day after government watchdog Tom Reynolds raised concerns about O'BRIEN's destruction of a dune, emissions into the Atlantic Ocean and emissions into the storm sewer, Mayor RICHARD O'BRIEN filed for an injunction on Friday, October 14, 2016; it was granted ex parte under Florida civil "stalking' law on October 17, 2014, with a hearing set on October 26, 2016 (Wednesday) before Circuit Court Judge Howard McGillan, third floor, St. Johns County Courthouse.
O'BRIEN engaged in prejudicial pretrial publicity with St. Augustine Record reporter Sheldon Gardner. Now O'BRIEN wants to delay his case, which violates Florida's law against Strategic Lawsuits Against Public Participation (SLAPP).
ST. JOHNS LAW GROUP will apparently be demanding the "stalking" hearing O'BRIEN so urgently requested be postponed. Any such motion should be DENIED, because Tom Reynolds has already been deprived of the right to attend government meetings and campaign at St. Augustine Beach City Hall, the only voting precinct in the territorial limits of the itty bitty City of St. Augustine Beach.
Married to millionaire LAUREN RINGHAVER, scion of construction equipment fortune, incumbent fourteen-year veteran Commissioner, Mayor RICHARD O'BRIEN, fancies himself as King of the Hill and Republican Lord of All He Surveys, endowed with the right to violate constitutional rights, issue unctuous ukases and intimidate, coerce, restrain and chill free speech rights.
In the election to be decided on November 8th, O'BRIEN faces reformer Rose Bailey, a small business owner, First Amendment defender and onetime Pittsburgh bank vice president, who broke the glass ceiling in 1973 (eleven years before the term "glass ceiling" was ever used).
In that election, angry ANDREA SAMUELS faces reformer Maggie Kostka, a small business owner and former school teacher.
So RICH O'BRIEN demands an injunction to halt a government watchdog from attending meetings, showing pollution photos, campaigning for reformers, while attempting to blacklist him and destroy his life and his children's life. What lugubrious goobers.
St. Johns Law Group employees and spouses enjoyed a unique experience atop the Lightner Museum for dinner served by the [then-]Mayor [of St. Augustine, JOE BOLES], his wife and city staff. The dinner was bid on during a silent auction at the Mayors Lighting Gala in November of 2009. It was a fun filled evening for a good cause. All proceeds were used to benefit the St. Francis House.
ST. JOHNS LAW GROUP brags on its website of its "Client Success Stories" and "Representative Clients" as of October 25, 2016 at 6 PM:
Client SUCCESS STORIES
Successfully obtained approval of a Comprehensive Plan Amendment and Planned Unit Development for a National Home Builder for the construction of 100 lots in an area that was formerly considered Rural in northwest St. Johns County.
Successfully closed numerous real estate transactions and loans measuring in the 10’s of millions for St. Augustine, St. Augustine Beach and Ponte Vedra properties.
Successfully obtained approval of permits for a controversial gas station location in St. Augustine.
Successfully negotiated a development agreement for a group of 14 developers for roadway improvements on State Road 207 in St. Augustine.
Successfully appealed St. Johns County’s denial of rezoning applications for numerous projects.
Successfully litigated a high value probate matter in St. Augustine where the estate was disputed.
Successfully obtained approval of a Comprehensive Plan Amendment on State Road 16 in St. Augustine for development of a new Planned Unit Development.
Successfully obtained a temporary injunction on an emergency basis for a homeowner’s association seeking to enforce its covenants in Ponte Vedra Beach.
Successfully litigated a partnership dispute involving multimillion dollar investment properties in St. Johns County.
Successfully obtained approval for an 800 unit residential subdivision in St. Augustine.
Successfully obtained approval for multiple zoning variances to allow for the construction of a major grocery story in Vilano Beach.
Successfully obtained approval for a marina in St. Augustine.
Successfully obtained a small scale comprehensive plan amendment for an infill residential development near Wildwood Drive in St. Augustine.
Successfully defended a business dispute at trial concerning the sale of a restaurant on King Street in St. Augustine.
Successfully defended a local government against claims that the local government was violating the Americans with Disabilities Act (ADA).
Successfully negotiated multi-million dollar lease agreements for the St. Augustine-St. Johns County Airport Authority.
Successfully helped numerous St. Augustine and Ponte Vedra clients client renegotiate and modify home mortgages in an effort to restructure debt.
Successfully obtained approval for a major gas station chain’s new location in St. Augustine and obtained an amendment to the St. Johns County Land Development Code to allow for digital sign for fuel pricing.
Successfully obtained approval for an assisted living facility in Ponte Vedra Beach after obtaining a rehearing on a prior denial.
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