On July 11, 2008 a
Response to Request for Admissions
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.
Preview
7/25/2008 10:12 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,
Petitioner,
vs. CASE NO.: 08-CA-17605
PARCEL NOS.: A and B
MARK A SISSONS, et al,
Defendants.
/
DEFENDANTS MARK A, AND CONSTANCE M. SISSONS’
RESPONSE TO PETITIONER’S AMENDED FIRST REQUEST
FOR ADMISSIONS
Defendants, MARK A. AND CONSTANCE M. SISSONS respond to
Petitioner’s First Request for Admissions served with the Petition on July 17, 2008 as
follows:
1. Admitted.
2. Admitted.
3. Defendants are unable to admit or deny this matter because the Defendants are
not an engineer or surveyor and have not had a survey completed of the Parcel.
4. Defendants are unable to admit or deny because Defendants have no
knowledge of the administrative procedures taken in adopting the resolution.
5. Defendants are unable to admit or deny. The Petitioner has the burden of
producing evidence of public purpose at the Order of Taking Hearing on August 28,
2008.6. Please refer to number 5 above.
7. Defendants admit that Petitioner has stated in its Petition that the property is
sought for a fire station.
8. Defendants are unable to admit or deny this information at this time. Petitioner
has the burden of producing evidence of the public purpose and necessity of taking this
parcel at the Order of Taking Hearing.
9. Defendants are unable to admit or deny at this time. Petitioner has the burden
of producing evidence that it exercised proper discretion and considered all proper factors
in choosing the routing and alternative sites.
10. Please refer to number 9 above.
11. Please refer to number 3 above.
12. Defendants are unable to admit or deny at this time.
13. Defendants are unable to admit or deny this information, except that
Defendants have an interest in Parcel Number A and B.
14. Please refer to numbers 5, 8 and 9 above.
15. Defendants are unable to admit or deny at this time. Petitioner has burden of
producing evidence that the estimate of value is based upon a valid appraisal and is made
in good faith.
16. Please refer to number 15 above.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been furnished by
U.S. Mail this rai day of ul “~_, 2008 to Kenneth A. Jones,Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901 and
those on attached Service List.
lt AI
BELLA Y. PATEL, ESQUIRE
Bella Y. Patel, P.A.
13026 Waterford Run Dr.
Riverview, FL 33569
(813) 643-2762
FBN: 961670SERVICE LIST
MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT V. SISSONS,
et al
CASE NO. 08-CA-17605
Parcels A and B
Lee County Tax Collector
c/o Legal Dept.
P.O. Box 850
Fort Myers, FL 33902
Document Filed Date
July 25, 2008
Case Filing Date
July 11, 2008
Category
CA Eminent Domain
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
7/25/2008 10:12 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, Petitioner, vs. CASE NO.: 08-CA-17605 PARCEL NOS.: A and B MARK A SISSONS, et al, Defendants. / DEFENDANTS MARK A, AND CONSTANCE M. SISSONS’ RESPONSE TO PETITIONER’S AMENDED FIRST REQUEST FOR ADMISSIONS Defendants, MARK A. AND CONSTANCE M. SISSONS respond to Petitioner’s First Request for Admissions served with the Petition on July 17, 2008 as follows: 1. Admitted. 2. Admitted. 3. Defendants are unable to admit or deny this matter because the Defendants are not an engineer or surveyor and have not had a survey completed of the Parcel. 4. Defendants are unable to admit or deny because Defendants have no knowledge of the administrative procedures taken in adopting the resolution. 5. Defendants are unable to admit or deny. The Petitioner has the burden of producing evidence of public purpose at the Order of Taking Hearing on August 28, 2008.6. Please refer to number 5 above. 7. Defendants admit that Petitioner has stated in its Petition that the property is sought for a fire station. 8. Defendants are unable to admit or deny this information at this time. Petitioner has the burden of producing evidence of the public purpose and necessity of taking this parcel at the Order of Taking Hearing. 9. Defendants are unable to admit or deny at this time. Petitioner has the burden of producing evidence that it exercised proper discretion and considered all proper factors in choosing the routing and alternative sites. 10. Please refer to number 9 above. 11. Please refer to number 3 above. 12. Defendants are unable to admit or deny at this time. 13. Defendants are unable to admit or deny this information, except that Defendants have an interest in Parcel Number A and B. 14. Please refer to numbers 5, 8 and 9 above. 15. Defendants are unable to admit or deny at this time. Petitioner has burden of producing evidence that the estimate of value is based upon a valid appraisal and is made in good faith. 16. Please refer to number 15 above. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U.S. Mail this rai day of ul “~_, 2008 to Kenneth A. Jones,Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901 and those on attached Service List. lt AI BELLA Y. PATEL, ESQUIRE Bella Y. Patel, P.A. 13026 Waterford Run Dr. Riverview, FL 33569 (813) 643-2762 FBN: 961670SERVICE LIST MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT V. SISSONS, et al CASE NO. 08-CA-17605 Parcels A and B Lee County Tax Collector c/o Legal Dept. P.O. Box 850 Fort Myers, FL 33902