Gil ERiksen Properties review: Illegal Eminent Domain and Obstruction of Justice and fraud 1

US Constitution Not Upheld in Broward County Florida | Press Release

View Full Press Release PDF file with photos online at http://www.wojspubs.com

The World of Jimmy Star Publications Inc.
1940 E Sunrise Blvd
Fort Lauderdale FL 33304

+1 954.828.9979 Call Center
[protected]@yahoo.com
www.wojspubs.com

CONTACT: Jimmy Star, +1 954.828.9979, [protected]@yahoo.com

For Immediate Release

U.S. CONSTITUTION NOT UPHELD IN BROWARD COUNTY, FLORIDA

Pompano Beach, FL, March 15, 2010 – In a five year ongoing and very uphill battle against eminent domain abuse by the Community Redevelopment Agency and City of Pompano Beach, in Broward County, Florida, Gil Eriksen Properties, LLC has been continuously blockaded from presenting its case to a jury to defend itself from the illegal land grab of its property which housed the renown World of Jimmy Star Grand Castle Showrooms & Entertainment Complex.

The World of Jimmy Star Grand Castle Showrooms, home of the fashion designer Jimmy Star & his celebrity fashion house to the stars and cool public and his entertainment division working with television and film, was seized 4 years ago by an improperly formed and unauthorized Pompano Beach Community Redevelopment Agency (CRA), which took the four lots of prime land and the historic buildings on it with the intent to demolish and resell the land for private development, even though it had no legal authority to do so. The 80 year-old historical buildings owned and restored at a great cost by Gil Eriksen Properties housed Jimmy Star’s fashion and entertainment empire and were visited by his celebrity friends for four years, with The Grand Castle Showrooms being a hallmark icon in his business, with its two grand stories, twelve rooms, his design studio, and the famous entertainment and photo/video set room “The Red Room.” Now the lots are demolished, and only one building remains in ruin as an abandoned, stripped, and ravaged shell of what once.

This is a call by the designer himself to draw attention to the ever-increasing problem whereby constitutional rights are being trampled on at the whim of phantom public entities and governments under the auspices of eminent domain and warn others that it can happen to them, too. “You know that saying, ‘You can’t go up against the government?’ Well I’m beginning to question if it is actually true! The thing is, we were just minding our own business and the government came and took our property! We didn’t have a choice! And now, 4 years, 7 lawyers, 6 judges, the Circuit Court, the District Court, several Pompano Beach and Broward County Commissioners, and a presidential election later, we are no closer to trial!? What’s going on with due process in Broward County? Is everyone in on the land grab game?” asks an exasperated and angry Jimmy Star.

Gil Eriksen Properties’ attorneys for the last 3 years of the 5 year process, Allan M. Rubin and Suzanne M. Driscoll of the Shutts & Bowen law firm, recently withdrew from the case on the very morning of trial, leaving Gil Eriksen Properties suddenly without representation, and halting the trial. “I thought we were showing up for trial, and finally after all this time we would get to tell our story to the jury. Then our own counsel entered a motion to withdraw from representing us! We were never even served such a motion beforehand, and before you could blink, trial was stopped!” says Drew Albright, Manager of Operations for The World of Jimmy Star. And this is just another of a long slew of odd and unusual happenings in this case, which together have ultimately continued to block Gil Eriksen Properties from its right to defend itself. “This whole time nobody ever wants talk about the facts, ” continues Albright, “there is even a motion by Mitch Burnstein [the attorney for the CRA] on the table to prevent Gil Eriksen from testifying. Who ever heard of such a thing? Is it not your constitutional right to be able to defend yourself? It just goes on and on and I don’t see why right here in the USA everyone seems so scared to let a jury decide. We’re fine that the CRA wants to present its case, but don’t we get to present ours too?”

Attached is an overview of some of the highlights (or lowlights) of the case to date [Pompano Beach Community Redevelopment Agency (CRA) v. Gil Eriksen Properties LLC; Case No. [protected]) & 4D08-247]. Please review these ideas and assist us in our media and grassroots effort to end this kind of obstruction of justice in this case and the many future cases to come.

Incident Highlights
U.S. CONSTITUTION NOT UPHELD IN BROWARD COUNTY, FLORIDA

Cases: Pompano Beach Community Redevelopment Agency (CRA) v. Gil Eriksen Properties LLC; Case No. [protected]), 17th Judicial Circuirt
& Gil Eriksen Properties LLC v. Pompano Beach Community Redevelopment Agency 4D08-247, 4th District Court of Appeal

Status: OPEN

+ The Pompano Beach Community Redevelopment Agency was found to be created improperly, and have no authority to condemn properties through eminent domain, and yet they have been doing it for something like 18 years in the City of Pompano Beach and Broward County [Pompano Beach CRA v. Derriek Phillips, et al.; Case No. [protected]), & Pompano Beach CRA v. Phillips No. 4D07-2865 & 2866.] [“Redevelopment Agency Can’t Seize Business, Judge Rules.” Elgin Jones. Broward Times. June 29, 2007.]

+ The property and businesses at the property were recognized in local, state, national and international media as an icon of the height of cool, fame, and success, as well as the height of community involvement and redevelopment. The buildings on the property are historical and represented 80 years of U.S. and Pompano Beach history, and Gil Eriksen Properties LLC saved them and restored them. Jimmy Star brought business, employment, the arts and entertainment to the people of Pompano Beach. Broward County Commissioner Kristin Jacobs commended these redevelopment efforts in letters to the CRA as the kind of redevelopment needed, especially when financed privately, and questioned the CRA as to the taking of this property.

+ Since the taking 4 years ago, the entire property was stripped, then set for demolition whereby one building and 3 lots were completely demolished. Then a fight to save the other building began by the Broward County Historical Society, and demolition was halted, and now one building, a mere shell of what it once was, is being rented to a local Eta Nu Chapter of Omega Psi Phi fraternity even though it is now uninhabitable and would need to be redeveloped all over again. The latest plan is for land across the street to be used for Broward County School Board buildings. To make matters worse, the property was up for sale long before Gil Eriksen Properties purchased it and restored it, so the CRA or Broward County could have bought it any time they liked.

+ Floridians voted to stop eminent domain for private development, sending a clear message to the CRA, but this case was seemingly pushed through just before this restriction would go into effect. The first judge on the case was apparently opposing counsel Mitch Burnstein’s mother, Miette K. Burnstein, the first female circuit court and chief judge of Broward County, who later recused herself.

+ The agencies involved in the land and business grab, like The Urban Group, and the Pompano Beach CRA have stalled, harassed, threatened, lied, and used techniques of distraction, confusion and exhaustion of resources to attempt to force a conclusion to their benefit. Things like the CRA and Urban Group making a high initial offer that they won’t actually let Eriksen accept, as the CRA has already filed suit, just so it is on record and hurts the ability for the property owner to obtain counsel as counsel must secure a judgment above that offer to begin to earn fees. Things like Mitch Burnstein, counsel for the CRA saying he has never heard of the Urban Group, or one of Eriksen’s first real estate attorneys, Peter Rose of Rose & Rose P.A. before Judge Andrew. Things like delaying proceedings repeatedly, and the list goes on.

+ All attempts to have a hearing of the facts have been blocked. A Motion to Vacate the Order of Taking on the basis of the CRA’s lack of authority as well as several improper procedures and questionable acts committed by the CRA and The Urban Group was blocked from even being heard at the Circuit Court by the now deceased Judge Robert Lance Andrews. This denial of hearing was upheld at the District Court of Appeals by Judges Larry A. Klein (who retired shortly after), Judge W. Mathew Stevenson and Associate Judge Glenn D. Kelley. Our appraisal by renown appraiser Grant W. Austin of American Valuation Inc. was stricken from record by Judge David Krathen. Discovery time limits were applied only to Gil Eriksen Properties and not the CRA by Judge David Krathen. A Motion asking Judge David Krathen to recuse himself was denied by Judge David Krathen. Judge Robert Carney granted Eriksen’s last counsel their motion to withdraw on the morning of trial, delaying trial and potentially blocking it for good. Even now a motion by opposing counsel Mitch Burnstein is currently entered to block Gil Eriksen, the representative of Gil Eriksen Properties from testifying in his defense, that is, if Eriksen can even get a trial.

+ Counsel is also hard to come by in the highly specialized eminent domain club. Gil Eriksen Properties’ first specialized eminent domain attorney, Paul Golis who came highly recommended in the community, having been on the ethics committee, didn’t advocate for his client and was actually disbarred during the case for stealing money from another client, hence leaving Eriksen without counsel. Disbarred! Now Eriksen’s second set of eminent domain attorneys, Allan M. Rubin and Suzanne M. Driscoll who are known to be the best eminent domain attorneys in Florida from the very prestigious law firm Shutts & Bowen LLP withdrew from the case suddenly and without warning on the actual morning of trial after 3 years of working with Gil Eriksen Properties to get to trial. This now leaves Eriksen without counsel, and without a trial, again. As a corporation, Gil Eriksen Properties cannot represent itself solely and is required to have counsel.

+ Also all attempts to settle the case have been blocked as Gil Eriksen Properties has made numerous offers on six different occasions, officially, unofficially and through mediation that have either been ignored or dismissed by the CRA. Now Gil Eriksen Properties is dead locked from making or accepting any potential offer as its previous counsel, Allan Rubin of Shutts & Bowen LLP has made a claim by Charging Lien to any proceeds from the case, even though they withdrew voluntarily the morning of trial, and eminent domain fees are supposed to be paid by the CRA.

+ As it stands, as of March 1, 2010 Gil Eriksen Properties was granted 20 days to obtain new counsel and a case status conference is set with Judge Krathen on March 29, 2010.

We think President Obama has been working to bring back a return to Constitutional Law; we stand with him and with the United States of America, and we will not sit quietly or idly by while civil rights of the many are trampled by the few.

Call to Action

HELP STOP THE GOVERNMENT FROM TRAMPLING ON
AMERICAN CIVIL RIGHTS! HELP END THE STEALING OF PRIVATE CITIZEN’S PROPERTY FOR BIG BUSINESS’ & GOVERNMENT’S PROFIT!

Do you want the government to steal your personal property without fair reimbursement so government and big business can develop your land for their profit?

They’re doing it to us right now, and they could do it to you! Don’t let the laws fool you! You are not protected! They get around the laws!

They’ve already taken our land, our businesses, our everything and we are asking you to take a stand with us as we say “NO!” to the out and out greed of the powerful and the corruption of our Constitution!

We need your support to help win our case, which none of us as citizens can afford to lose, as it would mean losing civil liberties for everyone!

Tell These Representatives (Following)
+ To stop trampling on our civil rights!
+ To put an end to the corruption and stop stealing from hard working Americans!
+ To pay us citizens fairly for our property and businesses which we’ve invested our life savings in!
+ To represent us, the people, and not big business and the powerful!
+ To really stop the use of eminent domain for private development, and not just pay us lip service!
+ That you stand with Jimmy Star and The World of Jimmy Star and reference our case [Pompano Beach Community Redevelopment Agency (CRA) v. Gil Eriksen Properties LLC Case No. [protected])]

Tell the City of Pompano Beach Officials:

Lamar Fisher (Mayor & CRA Chairperson)
[protected] or [protected]
lamar.[protected]@copbfl.com

Georg Brummer (Vice Mayor – District 5 & CRA Vice Chair)
[protected] or [protected]
george.[protected]@copbfl.com

Barry Dockswell (Commissioner District 1 & CRA Member)
[protected] or [protected]
kay.[protected]@copbfl.com

Charlotte Burrie (Commissioner District 2 & CRA Member)
[protected] or [protected]
charlotte.[protected]@copbfl.com

Rex Hardin (Commissioner District 3 & CRA Member)
[protected] or [protected]
rex.[protected]@copbfl.com

Woodrow J. Poitier (Commissioner District 4 & CRA Member) OUR DISTRICT!
[protected]
woodrow.[protected]@copbfl.com

Gordin Linn (City Attorney)
[protected]
gordon.[protected]@copbflcom

Dennis Beach (City Manager)
[protected]
dennis.[protected]@copbfl.com

Tell the Broward County Officials:

Ken Keechl (Mayor – District 4)
[protected]
[protected]@broward.org

Lois Wexler (Vice Mayor – District 6)
[protected]
[protected]@broward.org

Ilene Lieberman (Commissioner District 1)
[protected]
[protected]@broward.org

Kristin D. Jacobs (Commissioner District 2) OUR DISTRICT!
[protected]
[protected]@broward.org

Stacy Ritter (Commissioner District 3)
[protected]
[protected]@broward.org

Lois Wexler (Commissioner District 5)
[protected]
[protected]@broward.org

John E. Rodstrom, Jr. (Commissioner District 7)
[protected]
[protected]@broward.org

Diana Wasserman-Rubin (Commissioner District 8)
[protected]
[protected]@broward.org

Albert C. Jones (Commissioner District 9)
[protected]
[protected]@broward.org

Bertha Henry (County Administrator)
[protected]
[protected]@broward.org

Jeffrey J. Newton (County Attorney)
[protected]
[protected]@broward.org

Tell the State of Florida Government Officials:

Charlie Crist (Governor of Florida)
[protected]
charlie.[protected]@myflorida.com

Jeff KottKamp (Lt. Governor of Florida)
[protected]
jeff.[protected]@myflorida.com

Jeff Atwater (President of the Florida Senate - District 25)
[protected] or [protected]
atwater.jeff.[protected]@flsenate.gov

Larry Cretul (Speaker of the Florida House of Representatives - District 22)
[protected] or [protected]
[protected]@myfloridahouse.gov

Christopher L. Smith (Florida Senator - District 29) OUR DISTRICT!
[protected] or [protected]
smith.chris.[protected]@flsenate.gov

Gwyndolen Clarke-Reed (Florida Representative - District 92) OUR DISTRICT!
[protected] or [protected]
contact form

Alcee L. Hastings (Florida Congressman District 23) OUR DISTRICT!
contact form

Bill McCollum (Attorney General of Florida)
[protected]
http://ag.mccollum@myforidalegal.com

Tell Our National Officials:

Barack Obama (US President)
[protected]
[protected]@whitehouse.gov

Joe Biden (US Vice President)
[protected]
vice.[protected]@whitehouse.gov

Michelle Obama (First Lady)
[protected]
contact form

George S. LeMieux (US Senator of Florida)
[protected]
http://lemieux.senate.gov/public/?p=EmailSenatorLeMieux

Bill Nelson (US Senator of Florida)
[protected] or [protected]
http://billnelson.senate.gov/contact/index.cfm

Alcee L. Hastings (Florida Congressman District 23) OUR DISTRICT!
contact form