notice of appeal re 30

8/9/2019 Notice of Appeal re 30

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CERTIFIED DELIVERY

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDAFORT MYERS DIVISION

DR. JORG BUSSE, JENNIFER FRANKLIN PRESCOTT,

Plaintiffs,

versus Case # 2:10-CV-0089-FtM-JES-SPC

JOHN EDWIN STEELE; SHERI POLSTER CHAPPELL; ROGER ALEJO;

KENNETH M. WILKINSON; JACK N. PETERSON; GERALD BARD TJOFLAT;RICHARD JESSUP; CIRCUIT JUDGE BIRCH; CIRCUIT JUDGE DUBINA;

RICHARD ALLAN LAZZARA; CHARLIE CRIST; LEE COUNTY VALUE

ADJUSTMENT BOARD; LORI L. RUTLAND; EXECUTIVE TITLE CO.; JOHNSONENGINEERING, INC.,

Defendants.

NOTICE OF APPEAL

_______________________________________________________________________/

NOTICE OF APPEAL FROM ORDER, DOC. # 30, 07/01/10

1. The Plaintiffs appeal from order, Doc. 30, Filed 07/01/10, and object to any exercise of

jurisdiction by any magistrate judge.

2. Defendant crooked Judge Charlene E. Honeywell had disqualified herself and

fraudulently concealed prima facie Government corruption and extortion scheme O.R.

569/875. Doc. 93-1; 2:2007-cv-00228-JES-SPC.

___________________________________

/S/JENNIFER FRANKLIN PRESCOTT

Governmental Corruption & Fraud Victim, Plaintiff,pro se

P.O. BOX 845, Palm Beach, FL 33480; T: 561-400-3295

____________________________________

/S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M.

Judicial Corruption & Crime Victim; Plaintiff,pro se

State Cert. Res. Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor;

[email protected]


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Case 2:07-cv-00228-JES-SPC Document 93-1 Filed 08/07/07 Page 1 of 14


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TROY PARNELL

R EGISTERED R EAL ESTATE B ROKER

lA~~~~ Street~~

x~~x~:x~xFORT ~IYERS. I


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-, ~-J.. ~\"

"- ...""""

STE\NART & KEYES" '-7

\:::::::"ATTORNEYS AT LAW

1534 HENDRY STREET

P.O . D RAWER 790

FORT MYERS. FL 33902-0790

WILLIAM L. STEWART

WILLIAM A. KEYES. JR.

(841) 334-7477FAX (841) 334-79

May 1 4, 1997

Mr. Troy Parnell1429 Colonial BoulevardSuite 203

Fort Myers, FL 33907 "

Dear Troy:

You have asked me about the ownership of the accretion to thearea between Lots 2 and 3, Block 14, Second Revised Plat of Cayo

Costa Subdivision and the Gulf of Mexico.

The Plat of this subdivision does not have any dedication ofeasements for any purpose. It divides the property into numberedblocks with spaces between, which are obviously intended" to beroads. It does, however, have the following wording:

IINOTE

All streets 60' wide

All alleys 20' wideAll lots shown in uniformly square

Blocks 50' x 130' other lots scale measure.1I

The area between the Blocks and the Gulf of Mexico has no

designation, but it is part of the street since all streets leato it and there is no line indicating the end of the streets.

Our Supreme Court has repeatedly held that when a lot on asubdivision pl'at borders on a street each lot owner owns to thecenter of the street, and, when the street is on the border of thesubdivider's property title of the,lot owner extends to the out~limits of the street. .

In the case of Caples v. Taliaferro, 197 So. 861 the SupremCourt said:

IIThere are also authorities holding that when astreet or highway is laid out wholly on the marginof a grantor' s land, a conveyance of the landsabutting such street or highway carried the fee tothe entire widt h of such street or highway unlessu - - - --- - ..:J"


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,I

~'(

r

.Mr. Troy par'nellMay 14, 1997Pa ge Two

"The more specific question here involved is this:Where a street, way or walk way is laid out whollyon the margin of the grantor's lands, said street,way or walk way being bordered by navigable water,does a conveyance of land abutting on such street,way or walk way, as designated on the plat, carrythe fee to the"width of such street, way orwalkway, together with all riparian rights incidentthereto, unless expressly reserved?

While there is some conflict in the decisions on

this quest, we have reached the conclusion that the

answer should be in the affirmative."

There now appears to be considerable accretion to this strebordering these lots. Since ti tIe to the land under the strebelongs to you the accretion belongs to you. In the case Mexi co Bea ch Cor pora tion v. st. Joe pa per Cor pora tion, 97 So708, the Court said:

"The common-law rule which vests title to soil

formed along navigable waters by accretion orreliction in owners of abutting land is in force in

Florida."

I have assumed that you did not install groins or othdevices that caused this accretion. In the case of Board Trustees of the Internal Improvement Trust Fund v. Sand Associates, Ltd., 512 So.2d 934, our Supreme Court said:

"Waterfront owner who did not participate inconstruction of improvement which, together wi thnatural causes, caused accretion, had vested rightto new lands formed as a result of accretion,

notwithstanding fact that accretions or relictiohsoccurred in part because of artificialimprovements.

Very truly yours,

STEWART & KEYES

~ 1~Will i am . .\---tt---L. Stewar';-\

'.Tr ro - , J......


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TROY PARNELL

REGISTERED REAL ESTATE BROKER

Xx


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OUTHWEST FLORIDA

Writer's Direct Dial Number: (941) 335-2236ARD OF COUNTY COMMISSIONERS

n E. Manningrict One

glas R. SI. Cernyict Two

Judahict Three

ew W. Coyict Four

E. Albionict Five

ld D. Stilwell

ty Manager

es G. Yaeger

nty Attorney

a M. Parker

ntyHearingminer

December 15, 1998

Mr. Troy Parnell3922 Rogers StreetFort Myers, Fl 33901

Re: Second Revised Plat of Cayo Costa Subdivision/Accretion

Dear Mr. Parnell:

I am in receipt of your December 11, 1998 letter on the above. We will atteto review the history of the County Resolution and let you know our position as sas possible. In order to expedite review, I have taken the liberty of forwarding inquiry to the attention of the County lands Department.

Very truly yours,

2~~County AttorneyJGY/jmxc: J. W. French, Director, Public Works

Karen Forsyth, County landsTimntn\l Innce .6.eeiet~nt 'nllnt\l .6.ttnrnc\l


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\. -

3922 Rogers Street

Ft. Myers, Florida 33901

February 12,1999

r. James G. Yaegerounty Attorney.O. Box 398

t. Myers, Florida 33902

Re: Second Revised Plat of Cayo CostaSubdivision/Accretion

ear Mr. Yaeger:

enclose a copy of my letter of January 29, 1999 and

lso a copy of your letter of December 15, 1998.

ince it has been two months I would think that your

ounty Lands Department has had time to respond.

t any rate I would appreciate your advising me as tohen I can expect an answer.

nc1s. (2)

Sin;_.~;%lY /. ~...


11/16

. i

. .'. : r~LEECO~TY.'UTHWEST FLORIDA, .,

Writer's DirectDialNumber: (941) 335-2236ARD OF COUNTY COMMISSIONERS

E. Manningct One

glas R. SI. Cernyict Two

Judahict Three

ew W. Coy

ict Four

E.Albionict Five

d D. Stilwell

ty Manager

s G. Yaeger

ty Attorney

a M. Parker

ntyHearingminer

February 22, 1999

Mr.Troy Parnell3922 Roger StreetFort Myers, FL 33901

,

Re: Second Revised Plat of Cayo Costa Subdivision

Dear Mr. Parnell:

In response to your correspondence to Mr. Yaeger, the Lee County Attorney'sOffice researched the history of the second revised plat of the Cayo Costa Subdivisionand governing case law on accretion and reliction. Based on this research, we concludethat the public may have a valid claim to the accreted lands on the Gulf side of the CayoCosta Subdivision. Moreover, it is the Board's policy to retain public lands for publicpurposes rather than relinquishthose intereststo private entities. It would be acceptablefor the County to relinquish its interests in this property if the intent is to transfer theproperty in question to the State as part of the CARL Program. Your letter indicates thathe' Board of Trustees of the Internal ImprovementTrust Fundof the State of Florida hasoffered to purchase the property, but claims that the resolution recorded in the public

records and reflected in the County Commission Minute Books calls into question youclient's ability to convey fee simple title to the accreted lands. This office wouldrecommend that the Board of County Commissioners release the public's interest in theaccreted land on the condition that the County deed is held in escrow until the closingwith the State. At that time, the deed would be released and available for recordation inthe public records.

If your client is interested in pursuing this course of action, please contact me ayour earliest convenience so that we may discuss the details of this transaction.

f2 i egards

1~;uJr~tif a{f~;v1.

Donna Mafie Collins

Assistant County Attorney

DMC/ampcc: James G. Yaeger, County Attorney

Timot~y Jones, Assistant County Attorney

S:\LU\DMC\DMCL TR\PARNELL.WPD


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Dep~rtment of

Environmental Protection

Jeb Bush

Governor

Marjory Stoneman Douglas Building3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

Colleen

Se

February 2, 2006

Troy Parnell3922 Roters Street

Ft. Myers, FL 33901

RE: Cayo Costa Project, Lee County0.30 Acres

Dear Property Owners:

As agent for the Department of Environmental Protection of the State of Florida, I ,ould like to extecash offer in the amount of $222,000.00, to purchase the above referenced property located inCounty, Florida. The State of Florida is offering to purchase this property due to its location witharea that qualifies for State acquisition as part of the State's Florida Forever Program. The DivisiState lands will be the agent for this transaction.

Over the past several years, the State has diligently worked on acquiring property within the Cayo CProject. The state has had the properties appraised numerous times and has made several offeproperty owners. Recent purchases within the last year have caused the Division of State Lan

reevaluate its priorities. I was recently informed that the funds and time allocated for this projectnow limited.

Prior to extending an offer to purchase property, Florida law requires an appraisal to be completed

independent real estate appraiser. The appraiser is asked to give the market value of the property.

appraisal is confidential, by law, until a contract is signed by the Seller and approved by the DivisioState lands. Your offer was formulated based on such an appraisal.

Please notify me within 60 days of receipt of this offer and I will prepare, for your reviewAgreement to purchase your property. It is important for you to know that this is a volunprogram, and you are under no obligation to sell your property or participate in this program.

Many times owners prefer to donate their property and, in some cases, tax benefits may be realizeda donation. . An accountant, tax professional, or the Internal Revenue Service can provide youadditional information. Please let us know if you are interested in donating the property for environme

purposes.

If I may provide additional information or assistance, please do not hesitate to call me at the nubelow. I hope to hear from you soon.

~Si.~cereIY'

c

.

.- ~"-.; -" \ --. ~ !- abrina Carter '-., (.~ c~~k G "--land Acquisition Agent

B rea of Land Acq isition


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JEFF PARNELL

REAL ESTATE INVESTMENTS, INC.

KELLYROAD

TE 112

FLORIDA33908

LICENSED REAL ESTATE BROKER

FA

K.M. Roesch, Jr. & Anita Roesch15411 NW 46th Ln.

Chi efland, FL 32626

May 15,2

Re: Gulf front lot on Cayo Casta

Dear Mr. & Mrs. Roesch:

My father, Troy Parnell and the estate of William Reynolds own the northern most gufront lots (lots 1A & 2A). On December 10, 1969 the Lee County Commission voted deed itself an area of accretion to the west of certain gulf front lots. The effect of this

makes what was once gulf front lots no longer gulf front. They had no right to do thisWe have done much research on this matter. There have been recent rulings by the co

to support our position that the area of accretion belongs to the gulf front owners. I hahad discussions with attorneys in Miami and Sarasota that specialize in this matter anthey have suggested our case is so strong that we hire a local attorney here in town.

My father is prepared to move ahead with a law suit. Through our correspondence withe county and discussions with attorneys we believe the county, state or DEP will nocan not do anything until they are sued. However, we will not go ahead without the

support of all the effected lot owners who will benefit from this. I have identified sevlot owners who will benefit from this and included the lots on the enclosed plat.

The estimated cost to file the suit is $15,000. Each owner will most likely have to sur

their lots including the accretion area at a cost of $7,500.each. Even though our case iextremely strong and supported by recent precedence we should be prepared to go to tat an estimated cost of an additional $25,000. This would be a total of approximately$13,215.00 for each lot owner.

The average depth ofthe accretion is about 1,400 feet. Most of the single lots are 50 fwide. That would be about 70,000 square feet more property for each 50 foot lot.Considering the state has offered as much as $18.00 per square foot for gulf front lotsreward for filing the law suit is impressive and the risk appears to be very low.

I am asking that each owner please contact me by telephone and let me know how you


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lf Front Lot Owners Effected:

oy Parnell & Reynolds Real Estate, LLP - Lots 2 & 3

sse, Jorg, PO Box 1126, Naples, Fl34106-

Lot 15A

wis, Allen E., Kensington Investments, 347 Congress St., #3A, Boston, MA,ts 23A & 24A

,

ubaie, Salman B 11810 Isle of Palms Dr., Ft. Myers Beach, FL 33931 - Lot

ucomm, Ruth K, Tr., 28232 Tung Oil Rd., Kinston, AL 36453 - Lot 28A

rvey, William R, 519 Clubside Dr., Naples, FL 34110 - Lot 67A

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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FT. MYERS DIVISION

JORG BUSSE; JENNIFER FRANKLIN

PRESCOTT,

Plaintiffs,

v. CASE NO. 2:10-CV-89-FTM-36-TGW

JOHN EDWIN STEELE; SHERI POLSTER

CHAPPELL; ROGER ALEJO; KENNETH M.

WILKINSON; JACK N. PETERSON;

GERALD BARD TJOFLAT; RICHARD

JESSUP; JUDGE BIRCH; JUDGE DUBINA;

RICHARD A. LAZZARA; CHARLIE CRIST;

LEE COUNTY VALUE ADJUSTMENT

BOARD; LORI RUTLAND; EXECUTIVE

TITLE CO.; JOHN ENGINEERING, INC.,

Defendants.

/

ORDER OF REFERRAL TO THE MAGISTRATE JUDGE

Pursuant to 28 U.S.C. 636, Defendants' Motion For Entry of Order Dismissing Complaint

(Doc. 29 ) is hereby REFERRED to Magistrate Judge Thomas G. Wilson who shall submit a report

and recommendation as to the appropriate disposition of this motion.

DONE AND ORDERED at Ft. Myers, Florida, on July 1, 2010.

COPIES TO:

THE HONORABLE THOMAS G. WILSON

COUNSEL OF RECORD AND UNREPRESENTED PARTIES, IF ANY

Case 2:10-cv-00089-CEH-TGW Document 30 Filed 07/01/10 Page 1 of 1

notice of appeal re 30

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