judge david krathen digs himself a deeper hole in pompano beach cra eminent domain land grab scandal

8/9/2019 Judge David Krathen Digs Himself a Deeper Hole in Pompano Beach CRA Eminent Domain Land Grab Scandal

http://slidepdf.com/reader/full/judge-david-krathen-digs-himself-a-deeper-hole-in-pompano-beach-cra-eminent 1/4

The World of Jimmy Star Publications Inc.1940 E Sunrise Blvd

Fort Lauderdale FL 33304

+1 954.828.9979 Call Center [email protected]

www.wojspubs.com

CONTACT: Jimmy Star, +1 954.828.9979, [email protected]

For Immediate ReleaseRe: Pompano Beach Community Redevelopment Agency (CRA) v. Gil Eriksen

Properties LLC; Case No. 06-004169 (21)

BROWARD COUNTY JUDGE DAVID KRATHEN DIGS HIMSELF A

DEEPER HOLE IN POMPANO BEACH COMMUNITY

REDEVELOPMENT LAND GRAB SCANDAL CASE

Pompano Beach, FL, August 3, 2010 – 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 tounnamed 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

1 of 4

http://www.wojspubs.com/





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, thePompano 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 Phillipscase 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

2 of 4



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 thedigging 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 SouthFlorida. 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.

3 of 4



---

For more information on the Pompano Beach CRA illegal land grabs visit

http://www.wojspubs.com

For more information on the 19th Statewide Grand Jury on Public Corruption visit

http://myfloridalegal.com/19thstatewidegrandjury

For more information on Robe Probe visit

http://www.robeprobe.com

###

4 of 4

http://www.robeprobe.com/

http://www.robeprobe.com/





judge david krathen digs himself a deeper hole in pompano beach cra eminent domain land grab scandal

Documents