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8/7/2008 3:11 PM 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,
Petitioner, Case No. 08-CA-17605
Judge Joseph C. Fuller
v. Parcels A and B
MARK A. SISSONS, et al.,
Defendants.
ANSWER OF LEE COUNTY TAX COLLECTOR
COMES NOW, Cathy Curtis, LEE COUNTY TAX COLLECTOR (hereinafter “Tax
Collector’), by and through her undersigned counsel, and hereby files her Answer and
Affirmative Defenses to the Petition in Eminent Domain, stating as follows:
1. Admitted for jurisdictional purposes only.
2. Admitted that a copy of a Resolution is attached to the Petition as Exhibit 1 and
a legal description describing the property to be taken is attached to the Petition as
Schedule B, which documents speak for themselves; otherwise, without knowledge, and
therefore denied.
3. Admitted that a copy of a Resolution is attached to the Petition as Exhibit 1;
which document speaks for itself, otherwise, without knowledge, and therefore denied.
4. Admitted that a legal description describing the property to be taken is attached
to the Petition as Schedule B, which document speaks for itself, otherwise, without
knowledge, and therefore denied. “
5. Without knowledge, and therefore denied.
6. Admitted that a list of names and addresses of potential claimants is attached to
the Petition as Schedule A, which document speaks for itself; otherwise, without
knowledge, and therefore denied.7. Without knowledge, and therefore denied.
8. Admitted that there exist outstanding real property taxes due and owing to the
LEE COUNTY TAX COLLECTOR.
7. Without knowledge, and therefore denied.
8. Admitted that a copy of a Resolution is attached to the Petition as Exhibit 1 and
a legal description describing the property to be taken is attached to the Petition as
Schedule B, which documents speak for themselves; otherwise, without knowledge, and
therefore denied.
9. Admitted that a legal description describing the property to be taken is attached
to the Petition as Schedule B, which document speaks for itself; otherwise, without
knowledge, and therefore denied.
10. Admitted that a copy of a Declaration of Taking is attached to the Petition as
Exhibit 2, which document speaks for itself; otherwise, without knowledge, and therefore
denied.
11. Without knowledge and therefore denied.
12. Without knowledge and therefore denied.
13. Without knowledge and therefore denied.
AFFIRMATIVE DEFENSES
14. Section 197.122, Florida Statutes, provides that “all taxes imposed pursuant to
the State Constitution and laws of this state shall be a first lien, superior to all other liens,
on any property against which the taxes have been assessed and shall continue in full
force from January 1 of the year the taxes were levied until discharged by payment or
until barred under chapter 95.”
15. Pursuant to Section 73.061, Florida Statutes, ad valorem taxes levied upon
the property to be taken shall be prorated against the owner to the date of taking.WHEREFORE, the LEE COUNTY TAX COLLECTOR prays that, pursuant to
Florida Statutes 73.061, the current (prorated from January 1 of the current year through
date of deposit) ad valorem taxes and any delinquent ad valorem taxes levied upon the
lands to be taken hereunder be assessed against the owner and paid over to the Lee
County Tax Collector before disbursement of the Court Registry’s deposit by the Clerk of
Courts.
CERTIFICATE OF SERVICE
| hereby certify that a true copy of the foregoing Answer was mailed by first-class
U. S. Mail to the persons listed on the Service List attached hereto and made a part hereof,
this fh day of August, 2008.
HENDERSON, FRANKLIN, STARNES &
HOLT
Attorneys for Lee County Tax Collector
Post Office Box 280
Fort Myers, Florida 33902-0280
Phone: 239.344.1100
Fax: 239.344.1533
wy, “Le Odo
Lyi E. Rivera II
lorida Bar No. 0013913Kenneth A. Jones, Esq.
Roetzel & Andress
2320 First Street, Suite 1000
Fort Myers, FL 33901
Mark A. Sissons
11971 Pompano Avenue
Cape Coral, FL 33991
Constance M. Sissons
11971 Pompano Avenue
Cape Coral, FL 33991
SERVICE LIST
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8/7/2008 3:11 PM 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, Petitioner, Case No. 08-CA-17605 Judge Joseph C. Fuller v. Parcels A and B MARK A. SISSONS, et al., Defendants. ANSWER OF LEE COUNTY TAX COLLECTOR COMES NOW, Cathy Curtis, LEE COUNTY TAX COLLECTOR (hereinafter “Tax Collector’), by and through her undersigned counsel, and hereby files her Answer and Affirmative Defenses to the Petition in Eminent Domain, stating as follows: 1. Admitted for jurisdictional purposes only. 2. Admitted that a copy of a Resolution is attached to the Petition as Exhibit 1 and a legal description describing the property to be taken is attached to the Petition as Schedule B, which documents speak for themselves; otherwise, without knowledge, and therefore denied. 3. Admitted that a copy of a Resolution is attached to the Petition as Exhibit 1; which document speaks for itself, otherwise, without knowledge, and therefore denied. 4. Admitted that a legal description describing the property to be taken is attached to the Petition as Schedule B, which document speaks for itself, otherwise, without knowledge, and therefore denied. “ 5. Without knowledge, and therefore denied. 6. Admitted that a list of names and addresses of potential claimants is attached to the Petition as Schedule A, which document speaks for itself; otherwise, without knowledge, and therefore denied.7. Without knowledge, and therefore denied. 8. Admitted that there exist outstanding real property taxes due and owing to the LEE COUNTY TAX COLLECTOR. 7. Without knowledge, and therefore denied. 8. Admitted that a copy of a Resolution is attached to the Petition as Exhibit 1 and a legal description describing the property to be taken is attached to the Petition as Schedule B, which documents speak for themselves; otherwise, without knowledge, and therefore denied. 9. Admitted that a legal description describing the property to be taken is attached to the Petition as Schedule B, which document speaks for itself; otherwise, without knowledge, and therefore denied. 10. Admitted that a copy of a Declaration of Taking is attached to the Petition as Exhibit 2, which document speaks for itself; otherwise, without knowledge, and therefore denied. 11. Without knowledge and therefore denied. 12. Without knowledge and therefore denied. 13. Without knowledge and therefore denied. AFFIRMATIVE DEFENSES 14. Section 197.122, Florida Statutes, provides that “all taxes imposed pursuant to the State Constitution and laws of this state shall be a first lien, superior to all other liens, on any property against which the taxes have been assessed and shall continue in full force from January 1 of the year the taxes were levied until discharged by payment or until barred under chapter 95.” 15. Pursuant to Section 73.061, Florida Statutes, ad valorem taxes levied upon the property to be taken shall be prorated against the owner to the date of taking.WHEREFORE, the LEE COUNTY TAX COLLECTOR prays that, pursuant to Florida Statutes 73.061, the current (prorated from January 1 of the current year through date of deposit) ad valorem taxes and any delinquent ad valorem taxes levied upon the lands to be taken hereunder be assessed against the owner and paid over to the Lee County Tax Collector before disbursement of the Court Registry’s deposit by the Clerk of Courts. CERTIFICATE OF SERVICE | hereby certify that a true copy of the foregoing Answer was mailed by first-class U. S. Mail to the persons listed on the Service List attached hereto and made a part hereof, this fh day of August, 2008. HENDERSON, FRANKLIN, STARNES & HOLT Attorneys for Lee County Tax Collector Post Office Box 280 Fort Myers, Florida 33902-0280 Phone: 239.344.1100 Fax: 239.344.1533 wy, “Le Odo Lyi E. Rivera II lorida Bar No. 0013913Kenneth A. Jones, Esq. Roetzel & Andress 2320 First Street, Suite 1000 Fort Myers, FL 33901 Mark A. Sissons 11971 Pompano Avenue Cape Coral, FL 33991 Constance M. Sissons 11971 Pompano Avenue Cape Coral, FL 33991 SERVICE LIST