FORT LAUDERDALE, FL, May 02, 2012 (Press-News.org) Fort Lauderdale personal injury attorney Bradley Winston of Winston, Clark & Wigand announces an appeal of a $10,510 assessment levied April 19, 2012 by Miami Dade County against Jesus Jimenez for posting a protest sign on his property. Jimenez posted the protest sign after a lien was placed on his property and the home was demolished by the County in June, 2011, while he was still a U.S. Army Staff Sergeant on active duty in Afghanistan.
In protest of the demolition, Jimenez posted this sign: This is how the U.S. Government thanks the service of an active Army soldier who gives his life for this country leaving his family HOMELESS.
Winston, Clark & Wigand had filed suit last August against Miami Dade County and another official of the Building and Neighborhood Compliance Department for demolishing the Jimenez home on the grounds that the action violated the Servicemembers Civil Relief Act as well as the Fourth, Fifth and Fourteenth Amendments to the United States Constitution.
Plaintiff Jesus Jimenez was on active duty, and his pregnant wife, her mother, his daughter and his disabled brother were residing at the property at the time it was demolished, according to attorney Bradley Winston. The County and the Building Department were notified of Mr. Jimenez's active duty status on multiple occasions. Requests for extensions of time, including one forwarded by former Governor Charlie Crist, were ignored.
The lawsuit sought injunctive relief, compensatory and punitive damages arising from Defendants' institution and a stay of the condemnation proceedings against three parcels of real property and the demolition of one of them. The lawsuit, Jimenez et al v. Miami-Dade County et al, case number 1:11-CV-23131, was filed in U.S. District Court for the Southern District of Florida.
The City's action began in June, 2007 with condemnation proceedings against three Miami-Dade County properties owned by the Sergeant. His military duty requirements materially affected his ability to appear, and military leave was not authorized.
Building Department officials claimed that the Servicemembers Relief Act was not applicable, and refused to stay or delay a scheduled Unsafe Structures Board hearing. The plaintiff's primary residence on one of the three properties was demolished.
According to the lawsuit, the actions of the Miami-Dade County Building and Neighborhood Compliance Department constitute selective and excessive enforcement of the county building code. The properties are surrounded by structures of substantially identical construction and vintage, which have not been subject to any enforcement action by Defendants, and therefore Plaintiffs have further been deprived of their right to equal protection of the laws under the 14th Amendment to the United States Constitution.
Schedule an Interview: Attorney Bradley Winston is available to discuss the case. He can be reached at 954-475-9666.
About Winston, Clark & Wigand, P.A.
The Fort Lauderdale personal injury law firm of Winston, Clark & Wigand, with offices in Plantation and Fort Lauderdale, has been defending consumers injured by auto accidents, motorcycle accidents, defective products, medical malpractice, dog bites, and slip and fall cases since 1989.
Accident victims across South Florida and Broward County, including Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale, Hollywood, Lauderdale Lakes, Lauderhill, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Tamarac, Weston, and Wilton Manors, can set up a free consultation. Details at www.WinstonLaw.com.
Contact:
Margaret Grisdela
Legal Expert Connections, Inc.
561-266-1030
mg@legalexpertconnections.com
Fort Lauderdale Law Firm Winston, Clark & Wigand Files Appeal for U.S. Army Vet
Veteran Fined for Posting Protest Sign After Miami Home Was Demolished While on Active Duty--
Fort Lauderdale Law Firm Winston, Clark & Wigand to Appeal $10,510 Assessment by Miami Dade County against Veteran U.S. Army Staff Sergeant
2012-05-02
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[Press-News.org] Fort Lauderdale Law Firm Winston, Clark & Wigand Files Appeal for U.S. Army VetVeteran Fined for Posting Protest Sign After Miami Home Was Demolished While on Active Duty-- Fort Lauderdale Law Firm Winston, Clark & Wigand to Appeal $10,510 Assessment by Miami Dade County against Veteran U.S. Army Staff Sergeant