Attorney James Stewart Mattson's Legal Cases

Land use and zoning

Ed Kloski, et al v Matecumbe Marina, Inc. (Fla. 3d DCA 1992)

May 12, 1992

OUTCOME: Trial Court Reversed

Appellee corporation sought the approval of the Monroe County Planning Commission to expand an existing marina. The planning commission issued an initial approval, attaching eight conditions. Appellee ... expended $ 198,000 for planning, consulting, legal, and surveying fees and submitted a final site plan to the planning director. The planning director found that the eight conditions had been complied with and recommended that the planning commission approve the plan. The Planning Commission rejected the director's recommendation, voting instead to rescind the conditional approval. Appellee sought the issuance of a writ of mandamus to compel approval of its final plan. The circuit court ordered approval of the final plan. On review, the court found that, while the circuit court was empowered to compel the planning commission to issue a written order, it was without authority to declare rights and instruct the commission which way to rule. Accordingly, the order was reversed and remanded.

Admiralty and maritime

Montego Bay Imports, Ltd, et al v The UNITED STATES III (U.S. Cl. Ct. 1992)

Apr 09, 1992

OUTCOME: Dismissed: Lack of Subject Matter Jurisdiction

ROUND THREE: The Plaintiffs in this case owned a merchant vessel, the CHANTAL S, that operated between the United States and Jamaica. On April 16, 1985, on its final voyage from Jamaica, the U.S. Coast ... Guard intercepted the vessel off Cuba and arrested the crew for importation of marijuana. The Coast Guard put a skeleton crew aboard the CHANTAL S, and that crew blew out the CHANTAL's engines by trying to keep up with the Coast Guard cutter. Subsequently, the Coast Guard fired on the CHANTAL, turned its fire hoses on it to sink it, and generally hung around for a day until the CHANTAL overturned and drifted off into Cuban waters. Plaintiffs sought compensation from the United States in this initial filing, but the Claims Court dismissed for lack of subject matter jurisdiction (ROUND I) and transferred the case to the U.S. District Court for the Southern District of Florida. After a trial before Judge Edward Davis (ROUND II), the District Court ruled that the Coast Guard was not negligent. That decision was appealed to the 11th Circuit, which affirmed on April 4, 1991. Plaintiffs later re-filed in the Claims Court, attempting to make out a contract claim - this case. The Claims Court dismissed again, holding that their claim "sounded in tort" (ROUND III).

Land use and zoning

Monroe County v. Gonzalez (Fla. 3d DCA 1992)

Feb 11, 1992

OUTCOME: Landowner prevailed

Florida's Third DCA affirmed Circuit Judge Richard Payne, who had ruled that landowner's lot, zoned RU-1 in 1985 - that allowed 1 house per lot, had been "taken" by Monroe County's 1986 Comprehensive P ... lan that changed zoning to 1 house per 10 acres. The appeal was only on the finding of liability (before Jan 1, 2000, interlocutory orders finding liability were appealable) and, on remand, the County agreed to allow Mr. Gonzalez ten years in which to build a single-family home. In addition, the County paid Mr. Gonzalez $20,000 for his trouble and $50,000 for his attorneys' fees. Opinion cited in three Federal and two Florida decisions (as of November 2008).

Environmental and natural resources

Parks Banks v Robert Page (U.S. Dist. Ct. 1991)

Jun 24, 1991

OUTCOME: Dismissed with Opinion

Banks sought a Declaratory Judgment on whether the United States Army Corps of Engineers could exercise Clean Water Act "wetland" jurisdiction on his property on Big Pine Key, located over a mile from ... the nearest body of water. Judge King dismissed the action because he concluded the Corps' "Cease and Desist Order" is not appealable as "final agency action."

Land use and zoning

Hill v. Monroe County, Fla Dept. Community Affairs, and Fla Administration Commission (Fla 3d DCA 1991)

Jun 11, 1991

OUTCOME: Plaintiffs prevailed, reversed & remanded

In regulatory taking case against Monroe County and State of Florida, Defendants convinced trial judge (County Court judge sitting as Circuit Court judge) that landowners were required to exhaust inter ... minable administrative remedies before they could sue for a "taking." These "remedies" were applicable to state agency administrative proceedings only, and the Defendants in this case were a County and the State. The Third District Court of Appeal held that state administrative proceedings were not applicable when a non-state entity (the County) was one of the Defendants. Ultimately, on remand, the State conceded to the Plaintiffs' demands, and rewrote the zoning regulations applicable to their properties, all of which were in a commercial district surrounding a man-made lake in Key Largo.

Admiralty and maritime

Montego Bay Imports, Ltd. v The UNITED STATES II (U.S. Dist. Ct. 1990)

Jan 01, 1990

OUTCOME: District Judge Ruled for the United States

ROUND TWO: The Plaintiffs in this case owned a merchant vessel, the CHANTAL S, that operated between the United States and Jamaica. On April 16, 1985, on its final voyage from Jamaica, the U.S. Coast G ... uard intercepted the vessel off Cuba and arrested the crew for importation of marijuana. The Coast Guard put a skeleton crew aboard the CHANTAL S, and that crew blew out the CHANTAL's engines by trying to keep up with the Coast Guard cutter. Subsequently, the Coast Guard fired on the CHANTAL, turned its fire hoses on it to sink it, and generally hung around for a day until the CHANTAL overturned and drifted off into Cuban waters. Plaintiffs sought compensation from the United States in this initial filing, but the Claims Court dismissed for lack of subject matter jurisdiction (ROUND I) and transferred the case to the U.S. District Court for the Southern District of Florida. After a trial before Judge Edward Davis (ROUND II), the District Court ruled that the Coast Guard was not negligent. That decision was appealed to the 11th Circuit, which affirmed on April 4, 1991. Plaintiffs later re-filed in the Claims Court, attempting to make out a contract claim. The Claims Court dismissed again, holding that their claim "sounded in tort" (ROUND III).

Administrative law

DeCarion v. Martinez (Fla 1st DCA 1989)

Jan 20, 1989

OUTCOME: Landowners prevailed.

State "agency" -- comprised of Governor & Cabinet -- attempted to adopt ad-hoc rule prohibiting developer from constructing 9-slip dock on state-owned submerged lands, for large upland development on K ... ey Largo. Florida's First District Court of Appeal held that cabinet "agency" was bound by its own published rules. Those rules allowed the dock to be constructed. This opinion has been cited in four decisions of Florida Courts of Appeal (as of Nov. 6, 2008).

Admiralty and maritime

B & F Trawlers, Inc. v. The UNITED STATES (U.S. 5th Cir. 1988)

Apr 06, 1988

OUTCOME: Plaintiff prevailed

Post-seizure destruction of stolen vessel by Coast Guard, three of four government defenses held inapplicable, reversed and remanded. Opinion cited in 27 federal trial and appellate court decisions ... (as of November 6, 2008).

Federal crime

United States v Reinaldo Orrellanes (U.S. 11th Cir 1987)

Feb 17, 1987

OUTCOME: Trial Court Affirmed

Defendant was charged with purchasing firearms without revealing that he had previously entered a negotiated plea of guilty on two felonies, in state court. However, the state court also entered an ord ... er "withholding adjudication" on Orellanes' guilty plea. Orellanes took that to mean he had not been "convicted of a crime punishable by more than one year of imprisonment," which was what was stated on the gun shop form. The 11th Circuit disagreed, and the US Supreme Court denied Certiorari, at 488 U.S. 817 (1988). The Orellanes opinion has been cited in 19 Federal court decisions, in the 3rd, 4th, 6th, 7th, 8th, 9th, and of course the 11th Circuits, as of November 2008.

Admiralty and maritime

Ennia Schadeverzekering, N.V. v Anne Johnston and Arthur Johnston (U.S. Dist. Ct. 1986)

Nov 12, 1986

OUTCOME: Motion for JNOV Denied

Following a jury trial, Defendants discovered additional information that they wished the Court to consider. The Johnstons were sued by Plaintiff insurance company for "losing" a 41-foot sailboat. The ... jury concluded they were negligent in not carefully checking the drivers licenses of the charterers, and in overlooking the fact that the charterers had brought with them only some beer and potato chips for what was supposed to be a week-long charter. After the trial, the Johnstons filed a Motion for Judgment Notwithstanding the Verdict or, in the alternative, a New Trial. As the opinion reflects, Judge King did not think the new information provided by the Johnstons would have made a difference in the jury verdict.

James Stewart Mattson's Legal Cases (32)

Ed Kloski, et al v Matecumbe Marina, Inc. (Fla. 3d DCA 1992)

Montego Bay Imports, Ltd, et al v The UNITED STATES III (U.S. Cl. Ct. 1992)

Monroe County v. Gonzalez (Fla. 3d DCA 1992)

Parks Banks v Robert Page (U.S. Dist. Ct. 1991)

Hill v. Monroe County, Fla Dept. Community Affairs, and Fla Administration Commission (Fla 3d DCA 1991)

Montego Bay Imports, Ltd. v The UNITED STATES II (U.S. Dist. Ct. 1990)

DeCarion v. Martinez (Fla 1st DCA 1989)

B & F Trawlers, Inc. v. The UNITED STATES (U.S. 5th Cir. 1988)

United States v Reinaldo Orrellanes (U.S. 11th Cir 1987)

Ennia Schadeverzekering, N.V. v Anne Johnston and Arthur Johnston (U.S. Dist. Ct. 1986)