Last Updated: 4:50 p.m.
After warning them that he would do so if they did not comply with his previous orders, Circuit Judge Chris France last week declared the owners of the Old Dixie Motel in civil contempt of court and warned of $1,000-a-day fines starting on Nov. 15 if they do not comply with a pair of orders.
The judge was not pleased: neither owners nor their attorney had showed up for the hearing. The attorney phoned it in. France ordered that for all subsequent hearings, he expected both to be in the courtroom.
The owners have a well-documented history of delays, evasions or avoidance of court orders or commitments to Flagler County government, including a three-and-a-half-year-old contractual requirement that they issue a $250,000 bond.
The county requires the bond to ensure that the owners will carry out the reconstruction of the old motel, which they have been promising to do since May 2021, when they signed a contract to pay the bond. They never have. The county has sought payment by various means, including a court order, which it got earlier this year. The owners did not comply with the order.
The county then sought detailed financial information from the owners to establish whether they were in a position to make the payment, and if not, why not. The court ordered the owners to produce that statement by Oct. 18, warning them that they would be found in contempt if they did not. They did not.
The owners have “intentionally and steadfastly refused to comply with the Court’s Order and deposit the cash bond,” France wrote in his latest order, or to produce the financial statement. “The Court rejects the Defendant’s proffered excuse in its motion that it was prevented from complying with the Court’s Order as a result of unspecified holidays. The Court finds that the Defendant’s actions, including its continued refusal to comply with the Court’s Orders, is consistent with its longstanding pattern of disregard for the judicial process and the Court’s authority.”
On Oct. 18, the owners filed a motion asking for a 14-day extension to complete the “Fact Information Sheet,” which was due that day. Theodore D’Apuzzo, the owners’ Ft. Lauderdale-based attorney, told the court that he had been “unable to adequately consult with his client due to the numerous Jewish holidays during the month of October, the level of detail and complexity of the issues he ran, and the other obligations of his practice.” (Rosh Hashanah was on Oct, 3-4, Yom Kippur on Oct. 12, and Sukkot on Oct. 17-23).
France held a hearing on the county’s motion for contempt on Oct. 30. Abraham McKinnon, who is representing the county on that part of the Old Dixie motel matter, characterized the owners’ failures to comply with the court’s orders as “consistent with a long pattern of procedural maneuvering and disregard for the judicial process intended to delay the proceedings and avoid accountability.”
France’s latest order, signed on Nov. 1, gives the owners until Nov. 15 to deposit the $250,000 cash bond with the Flagler County Clerk of Court and to produce the financial disclosure form. If they fail to do so, the order states, they will be find $1,000 per day that the order isn’t complied with.
On a separate track, the county earlier this year issued an order for the demolition of the motel, claiming that it was a nuisance and a hazard. At the time, the owners had carried out a limited amount of work on the property. A magistrate ruled against the county’s order without nullifying it, in essence giving the owners more time to make good on their promise to move ahead with reconstruction.
The owners subsequently submitted a site plan for the renovation of the motel. The county approved the plan in September. But there’s been no follow-up: a site plan is just a plan without a construction permit. There’s been no application for a building permit, and the grounds of the motel this afternoon looked as they always have: overgrown, neglected, fallow, with the L-shape motel itself, or what’s left of its decomposing shell, forming two rows of gaping holes for wind and vandals to play through.
Dennis Bayer, the Flagler Beach attorney representing the owners, sent Adam Mengel, the county’s development director, a timeline of accomplished tasks by the owners’ engineering firm. Its last entry is “finalize all permits,” on Oct. 28, but Mengel said the county has not received a building permit. “I asked Mr. Bayer if the permit submittal was underway because we expected a submittal before Halloween,” Mengel said. “Mr. Bayer replied that he would check with his clients and get back to us.”
If the owners run up fines and ignore them, the county’s next option is to place a lien on the property, and (or) to renew the demolition order, lien in hand.
Charles says
It’s about time. How long has this been dragging out. They sure are making our courts look like idiots for as long as they haven’t complied with the courts.
Robin says
Boy, I sure hope the County is as lenient with delinquent taxes by homeowners and other businesses!
This property should have been condemned and demolished years ago, IMHO.
Shame on both sides for this protracted mess.
Jane Gentile Youd says
Thank you FlaglerLive and thank you Judge France. I spoke with Bo Snowden who ( third party hearsay I know) would love to see this POS taken down. Much cheaper to demolish and rebuild ANYTHING. My friends and I believe that his hotel and other POS they own in Volusia county – with criminal charges and violations – are for income tax write offs on other properties this Mafia style group owns. They own an entire floor of a very very very expensive office building feet off 5th Avenue in NYC. Just look up nthe addresses for their tons of BS companies – they own the fugly storage sheds adjacent to Plantation Bay and the addition the jackasses on the Planning Board approved a ‘special exception’ for RV and boat parking ( up to 35 feel high) – on top on my friends wood fram single story homes in TREETOP ! The next one who needs to be thrown under the bus is Adam Mengel and Sean the dumb county attorney should go with him – of course led by the biggest showman of all – Al Hadeed.
There – I feel better – got it off my chest.
Thank you again FlaglerLive and thank you Judge France – you really care about the law – you have a brain and a heart – something missing in Flagler County for the most part.
Joseph Barand says
These owners are following the Trump play, delay and ignore. Tear this peice of shit down now!
dave says
Tear it down, this junk has been there long enough,. All we read about its weak county government officials and judges that don’t have the balls to make these owners either start construction with a time line or demolish it.
Charles says
I totally agree. It never should have been dragged out this long. Our county officials should be ashamed of themselves.
Land of no turn signals says says
They can but won’t.
The Sour Kraut says
And confiscate the land. Sell it to pay for all the expenses we have incurred. IF there is anything left, mail them a check, postage due. ;-)
Enough of Youd already says
This is still America we’re “DUE PROCESS” and “PRIVATE LAND OWNERSHIP” is still protected or did we become Communist China ?
Remember what your calling for could also happen to your home when a handful of lunatics complain loud enough.
Like I said this is still America !
Smell a Rat says
The county has given them way to much time to correct this mess. Staff and Sean seem to fall over themselves to help these slumlords and YET they STILL cannot make this work. Staff helped them pass the site plan after withholding information about the behind the scenes agreements with adjacent owners that have part of an illegal RV park on this property! Sean didn’t say a thing. One has to wonder why?
Jane Gentile Youd says
To Enough of Youd
NO guts to use your real name huh? Due Process was OVER August 2`, 2021 over 3 years ago. These scum bags have not paid their property taxes on time – ever and in addition have violated their Agreement with Flagler county to rebuild – fix or tear down AND PAY $250,000 BOND to the Clerk of Court no later than over 3 years ago.
Take some free advice; learn how to read what Due Process is before you open your ignorant nasty mouth again.
CjS says
Sean this Sean that.. Why are you bashing someone who is doing there job. To many people complaining that aren’t even from here. Go find somewhere else to live if this place is bothering your lives that much. I would and my family has been here for over 200 years. I can’t stand looking at any of your homes to be perfectly honest. I wish this place still looked the way it did in the 80’s.
Barry says
Trump certainly has more money than you, Barand!!
YOU, must be a bitter Demorat! Crawl backin your hole!!
tinkerpan says
These comments will be considered anti-Semitic and hate crimes very soon. We need to focus more on our constitutional rights being taken away while they distract us with petty issues.
Jack says
You have to remember city council, and the mayor took cash under the table from this deal. That’s why everything has been so lenient.
Enough is Enough says
It seems to me that the County Commissioners should have an open and public “town hall” to get to the bottom of this, ascertain the “true” facts, question all employees involved under oath and put this to bed once and for all.
It’s time for the our elected officials to DO THEIR JOBS.