Broward County Circuit Judge David Krathen Motioned to Be Disqualified for Bias in Land Grab Case

June 20, 2010 - PRLog -- Judge David Krathen was motioned to be disqualified from being the Broward County Circuit Court Trial Judge on a highly-contested and well-publicized eminent domain action brought by the petitioner Pompano Beach Community Redevelopment Agency in Florida to take prime non-blighted private property from a private business to resell for private development. The emergency motion made by the respondent Gil Eriksen Properties’ attorney Suzanne M. Driscoll of Shutts & Bowen law firm cited Judge Krathen for his favoritism and bias towards the Community Redevelopment Agency as evidenced by his deciding valuation in favor of the CRA before pre-trial motions completed or any evidence was heard (when it is a jury that it to decide valuation), brazenly laughing at Driscoll during proceedings, and preventing the attorney from speaking, presenting evidence, or otherwise defending her client. The five-year long land grab case has become a glaring example of the levels of corruption and racketeering in Broward County’s land grab schemes to profit politicians and developers that has extended as high as the Broward County Commission, with recent arrests being made.

The case involved a newly restored historical multi-million dollar landmark property that the Pompano Beach Community Redevelopment Agency wanted to seize, tear down and sell to unnamed developers. However another Broward Circuit Court ruling found that at the time of the filing, the Community Redevelopment Agency wasn’t authorized to be formed, let alone seize properties, and this combined with the Florida State Constitutional Amendment banning the use of eminent domain of private citizen’s property for private development, and the fact the CRA had been taking properties illegally for a decade prior, it became clear that this case would be a hotbed of political and legal upset with potentially many liability ramifications, if not criminal ones. The case record shows a long history of blockades as Gil Eriksen Properties has not yet been heard in its defense against the land grab, and has not been afforded its right to a jury trial, five years later, even though in the meantime, the Pompano Beach CRA has seized the property and destroyed it.

Judge Krathen’s brazenly biased courtroom antics as outlined in the Emergency Motion to Disqualify and reflected in the court transcript are horrendous and shocking, but for those who know Broward County politics, not necessarily unexpected. According to Robe Probe, a judge rating site, Judge David Krathen has a reputation as a judge who “serves his cronies well,” and he far outspent other candidates in his campaign to obtain his seat. Krathen recently ruled in favor of the huge developer Coolidge-South Markets Equities who along with Related Group plans to erect a huge multi-million dollar condo tower shadowing a Fort Lauderdale historical landmark called the Stranahan House, further disappointing citizens with another win for huge corporations.  In the Erisken Properties’ case, the Judge’s bias seems to be yet another obstruction of justice in a long slew of unethical, nonprocedural, illegal and unconstitutional acts in the unauthorized taking of private property by an illegal entity to benefit unknown ends in a county with no undeveloped land left.

How will it all end up? It may be a good time for a clean up of South Florida. In the Eriksen Properties’s case Judge David Krathen himself was so bold as to deny the motion calling for his own disqualification as the trial judge on the case.  His last words to date while he is still presiding on the case were “This needs to go away,” although it may not be that easy. Gil Eriksen Properties seems to have no less, if not more resolve in its wanting a just resolution and restitution. The resignation of Mayor and Chair of the Pompano Beach CRA, Lamar Fisher has been openly and repeatedly called for by citizens in Pompano Beach Commission Meetings. CRA Advisory member, Vincente Thrower was recently sentenced to jail time for bribery and fraud, as was Broward County Commissioner Josephus Eggelletion. Broward County residents are demanding an ethics code to curb lobbying and political back-scratching. The Florida Supreme Court convened the 19th Statewide Grand Jury on Public Corruption to investigate the wrongdoings of South Florida's public officials. Elections are just around the corner. And finally, President Obama is performing a national cleanup, calling out banking and oil company corruption, so perhaps it is a very ideal time for a local cleanup, too.

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To view the entire Motion to Disqualify Judge David Krathen, visit
http://www.wojspubs.com

For more information on the 19th Statewide Grand Jury on Public Corruption, visit http://myfloridalegal.com/19thstatewidegrandjury

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