doc. 30, u.s. corruption

8/9/2019 DOC. 30, U.S. CORRUPTION

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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

d d i h i di i i f hi i

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



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.



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



TROY PARNELL;' J,:''F'"

R EGISTERED R EAL ESTATE B ROKER

lA~~~~ Street

~~

x~~x~:x~xFORT ~IYERS. I<'LORIDA ~ 33901

TELEPHONE

18131 275-858(

January 29, 1999

Mr. James G. YaegerCounty Attorney'P. O. Box 398

Ft. Myers, Florida 33902

Re: Second Revised Plat of Cayo Costa Subdivision!Accretion

Dear Mr. Yaeger:

In your letter of December 15, 1998 you informed me that

you were requesting input from department heads. I wouldappreciate any information you have received. I also would

like your opinion of the validity of the enclosed instrument.

If this instrument is legal, then it w ould appear that the

County Commission could file such an instrument pertaining

to any waterfront subdivision in Lee County, thereby robbing

the waterfront owners of any waterfront properties.

~ would appreciate hearing from you at your earliest

convenience. For ready reference I have enclosed copies of

our previous correspondence.

.;?

Sinze-:r,':"y? / ,- .

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STE\NART & KEYES" '-7 "

\:::::::",,/ ATTORNEYS AT LAW

1534 HENDRY STREET

P.O . D RAWER 790

FORT MYERS. FL 33902-0790

WILLIAM L. STEWARTWILLIAM A. KEYES. JR.

(841) 334-7477FAX (841) 334-7941

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 CayoCosta Subdivision and the Gulf of Mexico.

The Plat of this subdivision does not have any dedication of easements 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 squareBlocks 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 leadto it and there is no line indicating the end of the streets.

Our Supreme Court has repeatedly held that when a lot on abdi i i l' b d h l h

~



, 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 theanswer should be in the affirmative."

There now appears to be considerable accretion to this streetbordering these lots. Since ti tIe to the land under the streetbelongs to you the accretion belongs to you. In the case of Mexi co Bea ch Cor pora tion v. st. Joe pa per Cor pora tion, 97 So .2d708, 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 inFlorida."

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

"W t f t h did t ti i t i

TROY PARNELL '" ' '



TROY PARNELL

1£....

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i.",_/ REGISTERED REAL ESTATE BROKER

xx'Xx<;.C:£x]tx3{IX3(x

~ID'{~~~

MAIL'~X'MX3922 Rogers Street~'ORT~rYERS.FLORIDA3~3 3 9 01

TELEPHO:

9 41 ~~275-85

December 11, 1998

Lee County Attorney's OfficeP. O. Box 398

Ft. Myers, Florida 33902 ..

Attention: Judy

Pursuant to your request in our phone conversation of December la,

1998 I enclose the following:

( 1 )

( 2 )

Copy of the Resolution recorded in OR 569 page 875.

Copy of a letter from Attorney William L. Stewart.

(3 ) Copy of the plat with our property indicated - same

being Lots 2 & 3 of Block 14.

The Board of Trustees of the Internal Improvement Trust Fund of

the State of Florida has made an offer to purchase the propertybut has said because of the recorded Resolution we do not own Gulf

front property.

It would seem that this instrument does not appear to be a valid

instrument because it is not executed by any Authority, as a matter

of fact it is not signed by anyone. Neither was the instrument

notorized since there wasn't anything to acknowledge. A Title

Insurance Policy did not reveal the existence of the Resolution:A title search would not know where to look for such an instrument



SOUTHWEST FLORIDA

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

John E. ManningDistrict One

Douglas R. SI. CernyDistrict Two

Ray JudahDistrict Three

Andrew W. CoyDistrict Four

John E. AlbionDistrict Five

Donald D. Stilwell

County Manager

James G. Yaeger

County Attorney

Diana M. Parker

CountyHearing Examiner

December 15, 1998

Mr. Troy Parnell

3922 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 attemptto review the history of the County Resolution and let you know our position as soonas possible. In order to expedite review, I have taken the liberty of forwarding yourinquiry to the attention of the County lands Department.

Very truly yours,

2~~County Attorney

JGY/jm

xc: J W French Director Public WorksKaren Fors th Co nt lands

,,'-'



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3922 Rogers Street

Ft. Myers, Florida 33901

February 12,1999

Mr. James G. YaegerCounty Attorney

P.O. Box 398Ft. Myers, Florida 33902

Re: Second Revised Plat of Cayo CostaSubdivision/Accretion

Dear Mr. Yaeger:

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

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

Since it has been two months I would think that your

County Lands Department has had time to respond.

At any rate I would appreciate your advising me as to

when I can expect an answer.

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

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~LEECO~TYI .'

SOUTHWEST FLORIDA, .

,./9:~~.p...,'-

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

John E. ManningDistrict One

Douglas R. SI. CernyDistrict Two

Ray JudahDistrict Three

Andrew W. Coy

District Four

John E.AlbionDistrict Five

Donald D. Stilwell

County Manager

James G. Yaeger

County Attorney

Diana M. ParkerCountyHearing Examiner

February 22, 1999

Mr.Troy Parnell

3922 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's

Office 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 thatthe' 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 publicrecords and reflected in the County Commission Minute Books calls into question yourclient'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.



Dep~rtment of

Environmental Protection

Jeb Bush

Governor

Marjory Stoneman Douglas Building

3900 Commonwealth BoulevardTallahassee, Florida 32399-3000

Colleen M. Cast

Secretary

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 extend acash offer in the amount of $222,000.00, to purchase the above referenced property located in LeeCounty, Florida. The State of Florida is offering to purchase this property due to its location within anarea that qualifies for State acquisition as part of the State's Florida Forever Program. The Division ofState lands will be the agent for this transaction.

Over the past several years, the State has diligently worked on acquiring property within the Cayo Costa

Project. The state has had the properties appraised numerous times and has made several offers toproperty owners. Recent purchases within the last year have caused the Division of State Lands toreevaluate its priorities. I was recently informed that the funds and time allocated for this project arenow limited.

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

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

appraisal is confidential, by law, until a contract is signed by the Seller and approved by the Division of

State lands. Your offer was formulated based on such an appraisal.

JEFF PARNELL



J

REAL ESTATE INVESTMENTS, INC.

0)5 KELLYROAD

SUITE 112

cRS. FLORIDA33908

LICENSED REAL ESTATE BROKER

TEll

(239)

FA.'{ (239

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

Chi efland, FL 32626

May 15,2007

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 gulf

front lots (lots 1A & 2A). On December 10, 1969 the Lee County Commission voted todeed 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 this.We have done much research on this matter. There have been recent rulings by the courts

to support our position that the area of accretion belongs to the gulf front owners. I havehad discussions with attorneys in Miami and Sarasota that specialize in this matter and

they 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 withthe county and discussions with attorneys we believe the county, state or DEP will not orcan 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 seven

lot owners who will benefit from this and included the lots on the enclosed plat

Gulf Front Lot Owners Effected:



Gulf Front Lot Owners Effected:

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

Busse, Jorg, PO Box 1126, Naples, Fl34106 - Lot 15A

Lewis, Allen E., Kensington Investments, 347 Congress St., #3A, Boston, MA, 022Lots 23A & 24A

,

Elrubaie, Salman B 11810 Isle of Palms Dr., Ft. Myers Beach, FL 33931 - Lot 27A

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

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

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doc. 30, u.s. corruption

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