Tuesday, May 26, 2009

Acting Circuit Judge Patti Christensen Insults Summer Haven Litigants

Acting Circuit Judge Patti Christensen, behaving like a misanthrope, insults Summer Haven residents in her latest ukase. We need more judges like Supreme Court nominee Sotomayor, who have actual life experiences, instead of silver-spoon condescension for lesser mortals.


Court: No relief for Summer Haven



By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 05/23/09

A group of Summer Haven residents who live along deteriorating Old A1A filed a civil damages lawsuit against St. Johns County in 2005 to force county officials to repair the road.

But they learned Friday evening that a judge ruled against them.

Acting Circuit Judge Patti A. Christensen granted a summary judgment for the county, additionally declaring that the county has no responsibility to maintain, repair or reconstruct Old A1A or even to provide emergency services to homeowners there.

The county acquired the 1.6-mile road in 1979 when the state abandoned it because of "extensive erosion," and sections of it had been washed away repeatedly since 1981, Christensen wrote in her 26-page order.

"Unfortunately, after a thorough reading of the statutes, the court has found no guidance as to how a county must maintain a deteriorating road," she wrote.

County Administrator Mike Wanchick said he was pleased that the county's interests had prevailed.

"But you don't really relish a legal victory over your own residents," he said. "We're ready to do everything we can to improve their situation."

County Attorney Patrick McCormack said he was "not celebrating the ruling," adding that his office plans to work with county administration and "reasonably" confront the concerns of Summer Haven residents.

"The order appears to address all of the major issues of the case. The county is gratified that the court order carefully analyzed Florida and state law pertaining to the complicated issues," McCormack said.

Plaintiffs Robert and Linnie Jordan of Summer Haven and plaintiff attorney Tom Warner of West Palm Beach were unable to be reached.

Their lawsuit asked for five decisions from the court:

* Declaratory relief: A ruling that the county must provide them emergency services,

* Injunctive relief: Asking the court for a temporary and permanent injunction requiring the county to repair the road.

* Inverse condemnation: Claiming the county's failure to properly maintain Old A1A restricted their access and therefore amounted to a taking of property rights without compensation.

* Declaratory judgment: Claiming that county ordinances which established a building moratorium violated their due process rights, causing damages.

* Inverse condemnation: Alleging that the moratorium deprived them of the beneficial use of their properties, creating a taking for which they should be compensated.

Christensen, in her section Finds of Fact, wrote a comprehensive history of Old A1A's problems over the past 25 years.

The original house on Summer Haven, built in 1952, eventually floated off its foundation.

When the county acquired the road, there were only three residences on it. Since then, 25 have been permitted.

"In 1981, a strong Nor'easter washed out chunks of the road in the northern part and took out dunes in the area. In 1984, approximately one mile of the road was totally destroyed by storms," she said. "The road has steadily deteriorated since the county acquired it."

Since 1986 the county has voted not to spend any money to rebuild Old A1A, but it estimates that it spent $2.3 million from 2003 to 2005 for temporary fixes.

Recently, a section of Summer Haven washed completely through to the Summer Haven River, cutting off the north end from the south and taking with it the water pipes leading to the southern half.

Christensen said, "It would be impractical if not impossible to restore the road. The county does not even own those portions of the road under the mean high water mark because they have become state land. As a general observation, the plaintiffs as a group are intelligent, well-educated professionals who decided to purchase property on a barren sand dune."


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