Weather | Sports | Forums | Comics | Classifieds | Calendar | Movies
A judge reopens the door to a possible court fight between Madeira Beach and a former commissioner.
By SHEILA MULLANE ESTRADA
© St. Petersburg Times, published January 21, 2001
MADEIRA BEACH -- The 2-year-old legal dispute between the city and one of its former commissioners over the handling of a federal grant may yet be argued in a courtroom.
Pinellas-Pasco Circuit Judge Frank Quesada has revoked his summary judgment in the city's favor, ruling that only a jury can determine whether former Commissioner Thomas Saxon "corruptly" used his position for personal benefit -- the core charge in the fight.
"Florida law provides that wrongful intent must be established by clear and convincing evidence and provides that intent is generally a jury question, and not to be decided on summary judgment," Judge Quesada wrote in his most recent ruling.
Last June, the city thought it had won its fight to keep Saxon from getting a $65,783 federal grant for flood repairs at his home. Quesada then ruled that the city was right in its 1999 decision to refuse to disburse the money to Saxon.
The state Department of Community Affairs awarded Saxon a grant for the cost of reconstructing his home, damaged during severe flooding in 1996. The grant prompted accusations from the commission and residents that Saxon had improperly used his position to influence the DCA's decision.
Even when Saxon's attorney was successful in getting a September rehearing of the summary judgment, the city was confident it would prevail.
Four months later, the city is back at square one -- with no settlement under consideration and facing the prospect of a costly court battle.
"I have asked Mr. (attorney Ed) Foreman to meet with the commission next week to discuss our options," said City Manager Mike Bonfield. "Our position hasn't changed (that Saxon should not get the grant money). We have the option of settling or going to court. The DCA has assured us they will not issue a payment to Saxon until this is resolved."
Saxon said that while he feels the city's actions have been "improper," he also believes the dispute has gone on "too long."
"We need to get this taken care of," he said.
Saxon's attorney, Robert MacKenzie, said: "I am hopeful that the parties will realize the expense of going to trial and find some reasonable way to end this. Going to trial will cost the Saxons money and will cost the city money."
The grant money is being held by the Pinellas-Pasco Circuit Court pending a resolution.
State flood grant issue might soon be settled
Commission will contest grant lawsuit