Broward County Judge David Krathen Digs Himself a Deeper Hole in Pompano Beach CRA Land Grab Scandal

Aug. 3, 2010 - PRLog -- A kangaroo court is what residents are calling the Broward County Courthouse in Florida as it fails to administer justice in the Pompano Beach Community Redevelopment Land Grab Scandal. Judge David Krathen of the Broward County Circuit Court,  recently barred a property owner from appearing or presenting any evidence at the upcoming trial of a highly-contested and well-publicized eminent domain action brought by the petitioner Pompano Beach Community Redevelopment Agency in Florida to take the owner’s prime non-blighted private property to resell for private development.  This means the petitioner, the Pompano Beach Community Redevelopment Agency can take the property owner’s property, and be the only party to present a case to a jury, while the property owner must stand quietly and idly by under judge’s order.

The five-year long 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. This case of Pompano Beach Community Redevelopment Agency v. Gil Eriksen Properties LLC 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. 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 that the CRA had been taking properties illegally for a decade prior, made it 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 yet 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. Now it looks like Gil Eriksen Properties may get a trial, with the teeny weeny caveat that it can’t participate in any way. No presenting evidence, no testifying, no defending itself against a brazenly corrupt agency. Unbelievably shocking, that is of course unless you live in Broward County.

Those who know Broward County politics, know that land grabbing is a favorite pastime, and everyone seems to be in on the game. 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.  

The Pompano Beach Community Redevelopment Agency’s attorneys, Gordon B. Linn, the City Attorney of Pompano Beach, and Mitchell J. Burnstein of  Weiss, Serota, Helfman, Pastoriza, Cole, and Boniske have their own skeletons. The case that first shed light on the Community Redevelopment Agency’s fraud was the Pompano Beach Community Redevelopment Agency v. Derriek Phillips case whereby the CRA was found to have been created illegally and have no authority of eminent domain to take Phillips’ property. City Attorney Gordon B. Linn was the attorney for the CRA in that case as well, along with Mitchell J. Burnstein, and even though they had first hand knowledge of this ruling, and the ruling was again upheld in the District Court of Appeal, this gave him them no pause in continuing to seize lands from private citizens and businesses on behalf of the CRA. Mitchell J. Burnstein has been called out for nepotism in the scandal (his mother is newly retired Judge Miette K. Burnstein), and cronyism as well, with Shutts and Bowen attorney Suzanne M. Driscoll quoted as saying Burnstein "has the judges in his back pocket.”

In the Erisken Properties’ case, the Court 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. The last time Gil Eriksen Properties was set to go to trial, a retired judge Robert Carney was called out of retirement to preside on the trial, and allowed Eriksen’s counsel of three years to withdraw without notice on the very morning of trial, halting the would be trial against Eriksen’s express wishes and against state law. Then Judge Carney immediately returned to retirement. These sudden and unexplained actions are being named as a criminal conspiracy. Ever since, a series of documented events has shown that the Court under Judge David Krathen and all counsel involved have prevented the company from obtaining new counsel. This is particularly despicable in that by Florida state law, eminent domain respondents’ counsel and defense is supposed to be paid for by the government to allow for fair representation as safeguard against government abuse. Most recently in regards to setting a trial date, Judge Krathen said from the bench that Eriksen should probably obtain counsel although as Krathen puts it, “it’s probably not going to help,” as he will not allow Eriksen’s counsel to present its case anyway.

For a county that has so many corruption scandals, and so many problems of public perception, it is a wonder why no one is stepping forward to stop the digging of an even deeper hole of liability and disrepute. A one-sided jury trial featuring the respondent bound and gagged in a corner, in the most highly contested case of illegal eminent domain brought by an agency without authority of eminent domain no less, seems even too brazen for Broward. One wonders what the jury instructions would be, perhaps “You have the option to decide in the favor of the Pompano Beach CRA or to decide in the favor of the Pompano Beach CRA.” Apparently the county thinks all its residents slept through civics class and are counting on a jury not smelling something fishy for dinner.

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 Eriksen’s motion calling for his own disqualification as the trial judge on the case. Krathen's famous words while 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.

---
For more information on the Pompano Beach CRA illegal land grabs visit
http://www.wojspubs.com

For more information on Robe Probe visit
http://www.robeprobe.com

# # #

Fashion | Sex | Politics | Entertainment | Art | Education | The World of Jimmy Star Publications Inc is a socially conscious, vitally alive, renaissance-minded multimedia publishing house for the good times and the thinking person. www.wojspubs.com