Leroy E. Scott v. City of St. Petersburg, Florida, et al.
DueProcess FifthAmendment
Is the PER CURIAM Affirm opinion a pretext for discrimination?
ESTIONS PRESENTED — 1. Is the PER CURIAM Affirm opinion, as applied in this case, a pretext for discrimination? 2. Pursuant to Article VIII, Section 2, Florida Constitution, as implemented by Chapter 166, Florida Statutes, municipalities in Florida have been granted broad home rule powers. Is the granting of unchecked home rule powers to a municipality constitutional? 3. The Defendants disputed the Plaintiffs lawsuit and demanded a jury trial pursuant to the Seventh Amendment, U.S. Constitution. The Plaintiff filed a Motion to Strike Defendants’ Jury Trial Demand pursuant to Chapter 702, Florida Statute. Chapter 702, Florida Statute does not govern the foreclosure of municipal liens that were imposed against the Defendants’ property. The Court granted the motion. Were the Defendants deprived of their constitutional right of a trial by jury? 4. The Defendants are descendants of former African Slaves. To dispute the Plaintiffs Motion for Summary Judgment, the Defendants filed Affirmative Defenses; Opposition to Plaintiffs Motion for Summary Judgment; Request for Production; and Defendants summary judgment evidence. The FINAL JUDGMENT Order granting the Plaintiffs Motion for Summary stated: “Defendant(s) failed to file any affidavits or evidence which would create a genuine issue of material fact which would preclude summary. Judgment is undisputed as a matter of law.” All of the Defendants filings and arguments were ignored by the Court. DO BLACK LIVES MATTER under the U.S. Constitution? 5. The City of St. Petersburg, Florida uses ABATEMENT in lieu of a code enforcement method to handle city ordinance violations. The City Code Inspector sent the Defendants (property owner) a Notices that read as follows: “The referenced property was inspected on ... and conditions were found which are listed on the attached page(s) that are a violation of City Code Chapter 16. You are hereby notified that these violations must be corrected within ten (10) days of this Notice or by ..., whichever is later. If ALL CONDITIONS are not corrected by the compliance date, the City will cut, trim, edge and clear the property to correct the violations of the City Code. To property perform this maintenance, the City will also remove any junk, rubbish or other material from i \ the property. The cost of this work, including administrative expenses, will be charged to you in the form of a lien against the . property. Submit a written appeal to the City Clerk to appeal the finding that there is a violation within ten (10) days of the date of this letter.” The liens that the city imposed against our property and not served are recorded as special assessment liens. Fla. Stat. Ch. 170 governs special assessments. It enumerated purposes for and procedure for levying a special assessment. Residential property maintenance is not a purpose for levying a special assessment and the City did not levy a special assessment prior to performing property maintenance. Is the City’s ABATEMENT constitutional?