On July 11, 2008 a
Request for AdmissionsAmended
was filed
involving a dispute between
Matlacha Pine Island Fire Control District,
and
Constance Sissons,
Lee County Tax Collector,
Mark Sissons,
for CA Eminent Domain
in the District Court of Lee County.
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7/23/2008 11:18 AM Filed Lee County Clerk of Courts
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
MATLACHA/PINE ISLAND FIRE
CONTROL DISTRICT, CASE NO. 08-CA-17605
JUDGE JOSEPH C. FULLER
Petitioner Parcels A and B
v.
MARK A. SISSONS, CONSTANCE M.
SISSONS, AND LEE COUNTY TAX
COLLECTOR,
Respondents.
/
PETITIONER’S AMENDED FIRST REQUEST FOR ADMISSIONS
In accordance with Rule 1.370, Florida Rules of Civil Procedure, this Respondent
is required within forty-five (45) days after service hereof, to answer or object in writing
to the statements or opinions of fact or of the application of law to fact, and to serve the
original answers or objections upon the Petitioner.
Ké&ineth|A. Jones, Esq.
Florida ar No. 0200158
Attorney for Petitioner
Roetzel & Andress
2320 First Street, Suite 1000
Fort Myers, FL 33901
(239) 338-4206INTRODUCTION
The matter in a request is admitted unless you serve a written answer or objection.
If objection is made, the reasons shall be stated. The answer shall specifically deny the
matter or set forth in detail the reasons why you cannot truthfully admit or deny the
matter. A denial shall fairly meet the substance of the requested admission, and when
good faith requires that you qualify your answer or deny only a part of the matter of
which an admission is requested, you shall specify so much of it as is true and qualify or
deny the remainder. An answering party may not give lack of information or knowledge
as a reason for failure to admit or deny unless you state that you have made reasonable
inquiry and that the, information known or readily obtainable by you is insufficient to
enable you to admit or deny. If you consider that a matter of which an admission has
been requested presents a genuine issue for trial you may not object to the request on that
ground alone; you may deny the matter or set forth the reasons why you cannot admit or
deny it.
PETITIONER’S FIRST REQUEST FOR ADMISSIONS TO RESPONDENT
1. The above titled Court has personal jurisdiction of you.
2. The above titled Court has jurisdiction of the subject matter of this action.
3. The legal description of the Parcels in the Petition accurately describes
lands owned by you.
4. The resolution attached to the Petition was duly and regularly adopted by
the Matlacha/Pine Island Fire Control District.
5. The Parcel is sought for a public purpose.
6. The Parcel is necessary for a public purpose.10.
li.
12.
13.
14.
15.
16.
The Parcel is sought for planning, construction, and maintenance of a fire
station.
The Parcel is necessary for such purpose.
The acquisition of the Parcel by the Matlacha/Pine Island Fire Control
District is the result of the District’s proper exercise of its discretion.
The Matlacha/Pine Island Fire Control District has properly exercised its
discretion by considering: (1) costs; (2) environmental factors; (3) long
range area planning; and (4) safety considerations and alternative sites.
The Matlacha/Pine Island Fire Control District has properly surveyed and
located its line or area of acquisition and preservation.
No mobile home is located on the Parcel or the Remainder.
All persons who have an interest in the Parcel have been identified in the
Petition.
All conditions precedent to the maintenance of this action pursuant to the
Petition have been performed by the Matlacha/Pine Island Fire Control
District or have otherwise occurred.
The estimate of value of the Parcel by Petitioner is based upon a valid
appraisal.
The estimate of value of the Parcel by Petitioner is made in good faith.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by
facsimile and U.S. Mail to Bella Y. Patel, Bella Y. Patel, P.A., 13026 Waterford RunDrive, Riverview, FL 33569 on this “2. Zday of July, 2008.
270841.100885.0005
Kemneth Af Jdfes, Esq.
Florida Bgr No. 0200158
Attorney for Petitioner
Roetzel ¢ Andress
2320 First Street, Suite 1000
Fort Myers, FL 33901
(239) 338-4206
Document Filed Date
July 23, 2008
Case Filing Date
July 11, 2008
Category
CA Eminent Domain
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7/23/2008 11:18 AM Filed Lee County Clerk of Courts IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT, CASE NO. 08-CA-17605 JUDGE JOSEPH C. FULLER Petitioner Parcels A and B v. MARK A. SISSONS, CONSTANCE M. SISSONS, AND LEE COUNTY TAX COLLECTOR, Respondents. / PETITIONER’S AMENDED FIRST REQUEST FOR ADMISSIONS In accordance with Rule 1.370, Florida Rules of Civil Procedure, this Respondent is required within forty-five (45) days after service hereof, to answer or object in writing to the statements or opinions of fact or of the application of law to fact, and to serve the original answers or objections upon the Petitioner. Ké&ineth|A. Jones, Esq. Florida ar No. 0200158 Attorney for Petitioner Roetzel & Andress 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 338-4206INTRODUCTION The matter in a request is admitted unless you serve a written answer or objection. If objection is made, the reasons shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission is requested, you shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless you state that you have made reasonable inquiry and that the, information known or readily obtainable by you is insufficient to enable you to admit or deny. If you consider that a matter of which an admission has been requested presents a genuine issue for trial you may not object to the request on that ground alone; you may deny the matter or set forth the reasons why you cannot admit or deny it. PETITIONER’S FIRST REQUEST FOR ADMISSIONS TO RESPONDENT 1. The above titled Court has personal jurisdiction of you. 2. The above titled Court has jurisdiction of the subject matter of this action. 3. The legal description of the Parcels in the Petition accurately describes lands owned by you. 4. The resolution attached to the Petition was duly and regularly adopted by the Matlacha/Pine Island Fire Control District. 5. The Parcel is sought for a public purpose. 6. The Parcel is necessary for a public purpose.10. li. 12. 13. 14. 15. 16. The Parcel is sought for planning, construction, and maintenance of a fire station. The Parcel is necessary for such purpose. The acquisition of the Parcel by the Matlacha/Pine Island Fire Control District is the result of the District’s proper exercise of its discretion. The Matlacha/Pine Island Fire Control District has properly exercised its discretion by considering: (1) costs; (2) environmental factors; (3) long range area planning; and (4) safety considerations and alternative sites. The Matlacha/Pine Island Fire Control District has properly surveyed and located its line or area of acquisition and preservation. No mobile home is located on the Parcel or the Remainder. All persons who have an interest in the Parcel have been identified in the Petition. All conditions precedent to the maintenance of this action pursuant to the Petition have been performed by the Matlacha/Pine Island Fire Control District or have otherwise occurred. The estimate of value of the Parcel by Petitioner is based upon a valid appraisal. The estimate of value of the Parcel by Petitioner is made in good faith. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile and U.S. Mail to Bella Y. Patel, Bella Y. Patel, P.A., 13026 Waterford RunDrive, Riverview, FL 33569 on this “2. Zday of July, 2008. 270841.100885.0005 Kemneth Af Jdfes, Esq. Florida Bgr No. 0200158 Attorney for Petitioner Roetzel ¢ Andress 2320 First Street, Suite 1000 Fort Myers, FL 33901 (239) 338-4206