Feds Seize Man's Home, Tow It Away
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| Courtesy of Fane Lozman |
| Marshals Seize Man's Home |
In a true jack-booted thug moment, four armed marshals in black raided Lozman's houseboat at the Riviera Beach Municipal Marina and towed it down to Miami, leaving Lozman homeless and without all his possessions. They also seized the former U.S. Marine pilot's three guns, which he owns legally.
Lozman's only crime: fighting city hall.
"I don't even have any clothes to wear, man," said Lozman, who has been paying rent to live at the city marina for three years. "All my clothes are on my homesteaded floating home. I'm just glad my dog wasn't on there."
The marshals seized the floating home just hours after the City of Riviera Beach filed a federal complaint against Lozman claiming his boat didn't legally belong at the marina. Before Lozman had any chance to answer the complaint -- in fact, before he was even served with the papers -- U.S. District Judge William Dimitrouleas signed an order to seize it. The same afternoon, the federal agents raided the home and took it away. The Palm Beach Post covered the basics in a story this morning.
The hasty action by Dimitrouleas is stunning -- and unconscionable. How, in this country, can a citizen's home be taken away without any due process, without even the chance to state his case?
Unfortunately, Dimitrouleas probably relied solely on the city's faulty complaint and didn't know the real story. The city, after all, has had a longstanding grudge with Lozman, who has been fighting the takeover of the historic city marina near Peanut Island by developers.
Then-Mayor Michael Brown, a ridiculously corrupt politico, was bent on giving the marina and a good part of the city to Viking Yacht Co. and Wayne Huizenga to turn it into a playground for the wealthy. To do that the city planned to use eminent domain to remove hundreds of residents from their homes. Lozman, a dogged activist if ever there was one, was one of those residents.
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| Lozman |
In what can only be described as pure political retribution, city police began harassing Lozman and the city sued him for eviction. The city trumped up some ludicrous reasons to try to kick Lozman out of the marina (including the absurd allegation that his little dachsund, Lady, was a menace to society). It would have been funny if it wasn't such a raw abuse of public power.
Lozman represented himself in court on that case and, for the first time in my career, I voluntarily took the witness stand. I saw the harassment first-hand and, in fact, came under brief threat of
arrest myself simply for standing near the dock. It was pure vengeance on the part of the city.
Lozman, a 40-something millionaire who made his money in the stock market, put on a passionate case to save his home. This may sound maudlin, but I was never more proud to live in America on the day the jury found in Lozman's favor.
But the city wasn't done. The city and developer Viking were still planning a takeover of the marina and -- partly for revenge and partly just to make sure Lozman doesn't stop them again -- they still wanted Lozman out. So they came up with a new rule designed to get rid of him and other residents (all the live-aboards must go sooner or later to satisfy Viking's takeover plan). The city demanded that all boats in the marina have propulsion so that they can vacate in the event of an emergency. Lozman's boat, which is homesteaded, is a floating structure, a home on the water, not a vessel. It can't go anywhere on its own. Lozman refused to sign the agreement, saying he was grandfathered in and that it was just another unlawful attempt to take away his home (and the homes of other live-aboards at the marina).
And that refusal was the basis the city used yesterday to have the feds seize his home (the city also claimed Lozman had failed to pay rent, failing to mention that officials had mailed Lozman back his April rent payment).
Before Monday's dramatic development, the city had used another method to try to run off Lozman and a handful of other boaters who hadn't signed the B.S. agreement: It cut off power to their boats. "(Riviera Beach) officials should have given us notice," fellow live-aboard Vaughn Frye told the Palm Beach Post at the time. "I had no bathroom, no air-conditioning, no refrigeration. They told me I was in breach of contract."
On Friday, Judge Peter Evans, who oversaw Lozman's eviction trial, ruled that the city must restore power to the boats. That's when the city filed the federal complaint and Judge Dimitrouleas (who presided over the Ken Jenne case) instantaneously signed the order to seize Lozman's home. I am hoping that Dimitrouleas will research this matter, look at the state eviction case, reverse his action, and turn his attention to the city. As it stands, the judge's order is a travesty.
Lozman said last night that he'll fight the city to the end. He spent last night writing an emergency motion to dismiss the city's complaint and, as I press send on this post, was driving to federal court in Fort Lauderdale to file it.
"I am going to have to march back into court and try to talk [Judge Dimitrouleas] out of doing what he's doing," he said. "I just want to educate the court on the real facts of the situation. It's outrageous that this can happen in America."
78 comment(s) / Post a Comment
Fane Lozman got just what he deserved for not following the rules. If the city did not have legal grounds to do what they did, I'm sure they would not have done it. Fane Lozman is not an activist, he is a distraction to the board, and residence, and has been for some time. He could have followed the rules and then complained and went too court.
Posted On: Tuesday, Apr. 21 2009 @ 12:57PMAbsolutley Fane got what he deserved. He has held this town hostage for too long. And without reviewing all the relevant facts concerning this case, the writer Mr. Norman produces a one-sided piece of trash article.
Posted On: Tuesday, Apr. 21 2009 @ 2:09PMRiviera beach is the capital of corruption in Florida. The city has a persecution complex. It cannot tolerate "outsiders" with different opinions, and ironically has no incling of the meaning of civil rights. Its all about egocentric clueless wannabe's with chips on their shoulders. Like the city doesn't have better things to concentrate on than running dissenting voices out of town. Look around people. The proof is in the pudding.
Posted On: Tuesday, Apr. 21 2009 @ 3:51PMBob good posting. I don't know where these anti-Lozman comments come from but the fact is the city wants to turn the public marina over to developers for years and Lozman, like you said, has single-handedly stood in their way.
Posted On: Tuesday, Apr. 21 2009 @ 5:51PMP.S. And it's much bigger than all about the Marina. You need a wider view too.
Not Bob
Posted On: Tuesday, Apr. 21 2009 @ 6:11PMFane is right... The city has been harassing him for years. I am close to the photographer who was at the scene yesterday when the feds seized his house. The photog was threatened with arrest for just being there. The marina is public property and the media has every right to be there. The most unprofessional belligerent as*hole of a cop Commander Mitchell threatened him with arrest for doing his job. Can we say police state? As a resident of RB I can!
Posted On: Tuesday, Apr. 21 2009 @ 8:03PMFane Lozman is absolutely right to stand up to these bullys
Posted On: Wednesday, Apr. 22 2009 @ 7:06AMBob is the writer of the article Anonymous, lol
Posted On: Wednesday, Apr. 22 2009 @ 12:11PMOh. I need to get a wider view too. lol
Posted On: Wednesday, Apr. 22 2009 @ 12:26PMLozman is right. He will prevail! Welome to nazi obamaland
Posted On: Wednesday, Apr. 22 2009 @ 9:51PMFane lozman
I have spent hours reading articles on this guy he's a super hero He fights corrupt goverment and spends his own money doing it!
The city of riviera files a false statement to a federal judge and the feds take his home . And how can anyone leave a negative statement unless they have ties to city goverment or viking. I have nothing in common with people who own yachts !
Gunther
Posted On: Thursday, Apr. 23 2009 @ 12:22PM
Fane is absoultely right. He is one of a few people i have ever met with balls of steel who are willing to fight for their rights.. He was right in North Bay Village another corrupt town. But still,, Fane has got to realize that these corrupt bastards will keep on going and its time to stop being the hero and just get on with life.
Posted On: Sunday, Apr. 26 2009 @ 9:51AMi'd like to know some follow up info. did he get his house boat back? what's happening with the judge?
Posted On: Thursday, Apr. 30 2009 @ 7:19AMBILLY D. your rush to judgment is not the standard that preceeds you.
please get involved, and correct this error.
this is a real shame!
Posted On: Wednesday, May. 20 2009 @ 12:40PMMan robs your house, you shoot and kill him. Self-Defense, after 3 year court battle that drains you of all your money, life, job, existance.
Cop robs your house, you shoot and kill him.
Federal murder charges, Intent, Terroristic Threats, Terrorism with intent.
Do we live in a Man's state or a Police state?
Posted On: Sunday, May. 31 2009 @ 4:34PMPolice are just gangsters who work for the government. Mostly unqualified assholes always looking for a reason to go on a power trip. I guess you can say that about most government officials anyway. Where are the honesty and the compassion these days, we're all just money hungry bastards who will never compensate for less and will only settle for more.
Posted On: Sunday, May. 31 2009 @ 4:52PM"Lozman is right. He will prevail! Welome to nazi obamaland"
because im sure this issue made it all the way to the president and he had something to do with it. Grow up
Posted On: Sunday, May. 31 2009 @ 5:05PMrobert hinton says:
"Fane Lozman got just what he deserved for not following the rules. If the city did not have legal grounds to do what they did, I'm sure they would not have done it."
Hmm.. That sounds like Ed Meese saying that the police wouldn't arrest someone unless they were guilty.
That being said, I'd be willing to bet that the truth is somewhere in the middle (it usually is).
Posted On: Sunday, May. 31 2009 @ 5:08PMAre you people kidding me? "He got what he deserved", no what he deserved was a chance to stand up for the rights of everyone living in the marina which had been taken away. It's a clear case of political abuse. We don't care about rights and ethics these days we care about filling our pockets and making sure anyone who stands in our way shuts up.
Posted On: Sunday, May. 31 2009 @ 5:10PMRidiculous comments. It does not matter what this man did to the town, or these billionaires. this is HIS HOME..... When your town wants to build a new highway, and they tear it down when you go out for groceries, do you just sit and take it? Well the people here leaving comments might, because it seems that you are all sheep for the government. Idiotic comments for a man who has nothing anymore. Oh and by the way, this man was a former serviceman.... have some respect.
Posted On: Sunday, May. 31 2009 @ 5:10PMThis is definitely an instance of government being too big for its britches. They should not be able to take his home just cause they are pissed at him!
Posted On: Sunday, May. 31 2009 @ 5:26PMProof that I was right all along, the government owns it all, including your kitchen sink. They couldn't move it to a different place no they had to steal it under color of law. I thought gangs were illegal seems the government is just the ultimate big gang.
Posted On: Sunday, May. 31 2009 @ 5:39PMI just have to ask:
Those first two comments, who are they? Almost sounds like town officials trying their best to discredit this story, but without any facts to back up what they say.
Posted On: Sunday, May. 31 2009 @ 5:40PMI don't know what people are so upset about, the Supreme Court already ruled that your home can not stand in the way of a private development that will bring in more tax revenue than you could ever afford to pay. Thank you Connecticut for clarifying. How could this no doubt rightwing zealots paltry slip rental fee compare to the Millions and millions of dollars the city is sure to gain from the ultra-rich liberal Democrats berthing their cabin cruisers at the yacht club
Posted On: Sunday, May. 31 2009 @ 5:51PMTown officials are corrupt. All government employee will defend themselves for the sake of prosecution.
Take the Judges Gavel AWAY!
Posted On: Sunday, May. 31 2009 @ 5:57PMMoral of the story: Can't beat the man in court, make new laws and take away his home...
Posted On: Sunday, May. 31 2009 @ 6:35PMWow, can you imagine that! One giant step towards Socialism.
RT
www.online-privacy.vze.com
I sure hope this guy gets his floating home back. I have found a lot of communities in Florida are kicking our floating homes and live aboard boats because they want to improve their tax base with big condo developments. It is a shame.
Florida is going down the drain because of so many corrupt officials throughout the state.
Posted On: Sunday, May. 31 2009 @ 6:47PMYou may also like 'Street Fight', a documentary about the fight for Newark city mayor's office, which highlights all the corruption involved. If you rent and don't own the actual property, it will be almost impossible to win. I'm surprised Fane has so much trouble given that he is rich. Why doesn't he hire lawyers who specialize in this thing?
Posted On: Sunday, May. 31 2009 @ 6:48PMAll politicians think they are "gods". Remember this: "What "god" giveth, "god" can take away."
For every one honest politician, I'll show you 1000 greedy, crooked, bunghole freaky politicians.
Posted On: Sunday, May. 31 2009 @ 7:10PMnazi obamaland?...anonymous...are you a moron?...because only a moron woud blame a president who has been in office for less then six months...for a problems that has been brewing a long time....i know your in a big hurry to find someone to blame..and barak being black...probally makes him a much more inviting target...but....maybe.....just maybe...part of the problem is you....btw...morons shouldn't breed.
Posted On: Sunday, May. 31 2009 @ 7:12PMThey shouldnt have the right to do this. THis need to get more press coverage. Pure abuse of power.
Posted On: Sunday, May. 31 2009 @ 7:13PMtypical floridian government socialism. take away the peoples rights and oppress. florida has raised taxes for no reason what so ever and claimed theres no money, florida has slowly taken away workers rights and now if you publicly fight back they take away your home and all of your belonging's. sounds like 1932 germany but then again we as americans are only 3 steps away from socialism. everyone needs to wake up. this is our country and we need to take it back from these zealots. re- instate our constitution and follow it. instead we let these government officials slowly take our civil liberties away, they have shredded our constitution in the name of money. we need to fight back.
Posted On: Sunday, May. 31 2009 @ 7:27PMI agree with Dave. I am a Floridian and to watch what was once a great state in what was once a great country has gotten out of control. We as Americans are quickly loosing our rights. We are being forced into a socialized society. Simply unacceptable.
Posted On: Sunday, May. 31 2009 @ 7:34PM"If the city did not have legal grounds to do what they did, I'm sure they would not have done it."
What kind of naive moron issues a statement like that? Perhaps a shill for the city does.
Pull your head out and WAKE UP. Corrupt city boards are bought by developers every day. YOUR elected city officials sell you out to the developer for personal gain under the premise of benefit to the city. If you look at that benefit, it's always a single shot to ONE YEAR's budget in exchange for the permanent loss of a valuable resource.
Just look at the way small airports are being destroyed and encroached upon in this country. This is valuable transportation infrastructure that WE'LL NEVER GET BACK.
Stop cheerleading for people who are RIPPING YOU OFF.
Posted On: Sunday, May. 31 2009 @ 7:44PMLike a lot of political corruption just follow the money. Sounds like city hall and the police have been paid off handsomely by the developers to me. A full audit of all parties including their households and vehicles should not only stop all of this from happening but clean up city hall also.
Posted On: Sunday, May. 31 2009 @ 7:53PMHello, all of you good ol' boys posting in these comments in a misguided and rather foolhardy attempt to continue your cocksure bullying of those over whom you have devoted your lives to obtaining this misappropriated power. To those of you who are so sure of the entrenchment of your power, who believe that you can not only engage in such underhanded practices to prove your influence, but who will also parade around like the bumbling idiots that you are to gloat over your prematurely declared victory:
Welcome to the motherf***ing internet.
Posted On: Sunday, May. 31 2009 @ 7:55PMHow would you like it if your house got taken away without notice? Enough said kids.
Posted On: Sunday, May. 31 2009 @ 8:06PMIt's funny to me when people side with the authorities for no other reason then they like to follow "rules". How bout this rule. You leave your house, I get to dig it up and take it from you.
Robert Hinton you sound like a prick. Probably work for Viking or some shit.
at firt poster Robert Hinton: YOU ARE A SUPREME DOUCHE BAG AND SHOULD GO LIVE IN CHINA YOU FUCKING SCUMBAG.
Posted On: Sunday, May. 31 2009 @ 8:17PM@robert hinton & Andrew:
Everyone knows it's impossible for political offices to be corrupt. Nope. It's just not possible. At all. Everyone in positions of power are perfect and have complete 100% objectivity in any situation with zero regard to their personal preferences, beliefs or morals.
Do me a favor you two, and anyone else agreeing with them. Stop wasting my oxygen. Remove yourselves from my planet. Idiots.
Posted On: Sunday, May. 31 2009 @ 8:18PMWhoever said welcome to "obama naziland" is a complete and utter moron. You do realize that he IS for corporate control and this whole issue was caused by the lack thereof? If not you are probably just another brainwashed "consumer". The corporations are the reason America is fucked as it is right now. Capitolism without controls = corporate state = police state. They are one in the same. Lozman you keep on fighting the good fight! I am a fellow service member(currently serving in korea) and I understand I cannot offically back a political agenda I dont see this as political at all. I see this as rich bureacrats taking revenge. We need more people like you, willing to stand against corruption and opression. Never give up.
Posted On: Sunday, May. 31 2009 @ 8:30PMThis will continue to happen all over America until people start finally fighting back. By fighting back, I mean no longer using their rigged, b.s. system and instead attacking these tyrants directly.
Refuse them service at your stores, refuse to fix their cars, repair their homes, educate their children... REFUSE THEM EVERYTHING.
Treat them like shit in public. Tell them you think they suck. Serve them shit on a plate at your restaurant. File legal, worthless complaints for everything they do, no matter how small.
In other words, harass them out of town. Make their lives miserable. Tell these "public servants" that they can best serve themselves by LEAVING.
"Just doing my job" is no excuse. "But I'm only his wife, I didn't make that decision" is no reason to be lenient. They and their families need to be ostracized. Booted. Treated like the dung heaps they are.
This is what we need to be doing to get rid of them. Here in my town in Wyoming, we did just that. Our mayor of ten years was using his office for business insider dealing. He's no longer in office and most of the town treats him and his uppity wife like garbage.
Posted On: Sunday, May. 31 2009 @ 8:46PMTo: robert hinton and Andrew at the top. You are both total morons.
Posted On: Sunday, May. 31 2009 @ 9:02PMFane is a true American to confront corruption head on. He exemplifies what America used to be all about.
Posted On: Sunday, May. 31 2009 @ 9:22PMPhil...your "he got what he deserved" comment is ridiculous. There was no process to even determine what was "deserved".
Please America...we must begin to think and draw conclusions that make sense to us based on our own verified research and not simply what we are being told. We are often being lied to...wake up!
Posted On: Sunday, May. 31 2009 @ 9:29PMWhy are they even bothering? I have many marinas in my area that were bulldozed for condo's....at practically of of the ex marinas, the condo's are empty or in foreclosure.
Posted On: Sunday, May. 31 2009 @ 9:34PMsounds like the city is owned by the mafia. Everybody wants PAPER as their money. Get a life for whoever is screwing with lozman.
Posted On: Sunday, May. 31 2009 @ 9:52PMIf boat owner has/had a proper lease with the legal owner of record at the time action occurred and City's action were not consisted with local, state and federal laws, I hope City is prepared to write a very large check.
In this Country, its legal to be a thorn in City Hall's side.
Captain Bear
Posted On: Sunday, May. 31 2009 @ 11:14PMClearly more firepower than brains around these parts. Time to leave Barney Fiefdom!
Posted On: Sunday, May. 31 2009 @ 11:14PMShocking. We should blow up the msnbc phone lines and get some attention on this.
Posted On: Sunday, May. 31 2009 @ 11:27PMhope this guy gets his house back and keeps fighting and the asswipes saying he got what he deserved are probably related the morons trying to get rid of this guy. And being a pain in the ass of the city is not reason to take away the rights of this guy
Posted On: Sunday, May. 31 2009 @ 11:34PMthis here's da Bandit 10-4 good buddy;
snowman we gotta git de hell outta dis place, it is more corrupt than a bull weavils pants at sunset.
we gone!
hehawahawwwwww
florida - when the sea levels rise the 1st 3% of whatever amount they are predicting, you will be knee deep in it and rising fast. enjoy living backwards while you can.
Posted On: Monday, Jun. 1 2009 @ 12:57AMwait a minute Robert Hinton. you actually think that a government would NEVER do something that it did not have legal grounds to do????
with all due respect, you are asleep at the wheel.
and thanks to the post 9/11 climate, the gov't has more legal grounds than before to oppress us in ways which are unconstitutional.
I can't speak for everyone in California, but I'd say that everyone here supports Lozman and his fight. This is totally un-American!
What can we do to help?
Posted On: Monday, Jun. 1 2009 @ 6:15AMHere is the info for
Riviera Beach Municipal Marina
200 E 13th St
Riviera Beach, FL 33404
(561) 842-7806
marinadept@rivierabch.com
Let them know what you think!
Here is the web site for Riveria Beach
http://www.rivierabch.com/
Here is the number for city hall
Phone: (561) 845-4000 (switchboard)
Mayor (561) 845 4095 (mayor office)
This is disgraceful. Where's the District Attorney? Or the Governor, if need be? This is plainly wrong and the city appears to be starkly corrupt and in the pocket of the corporation that wants to develop the area where people are living in their houseboats.
Where, exactly, does it say in the Constitution that developers can in this case steal someone's home to aid developers? Let me guess, it's going to be some generic place with generic corporate eateries and generic boring shops?
The Feds are a cancer on this country. This action is just plain WRONG.
Posted On: Monday, Jun. 1 2009 @ 11:17AMI use to live in Florida and Rivera Beach is run by a bunch of criminals. Lozman is a public hero for taking on the tyranny that is occurring in Riviera marina at this moment. I am seeing more and more abuse of police and Fed power at an alarming rate in this country. This has become a corrupt system that values only money and not the people that give the system its power. Remember without the people the system has no power. Lozman, has refused to sit by and watch the atrocities and violations happen. Instead, he has done something about it, no less, with his own money. I suggest everyone that reads this article that actually cares about the issues, call the marina and law enforcement and file an official complaint against these unlawful actions. call up your congressman while you are at it. DO NOT LET YOUR LIBERTIES SLIP AWAY..
Posted On: Monday, Jun. 1 2009 @ 1:03PMThe Federal Court Judge ordered that my personal items, including my clothes and firearms, be returned to me but not my floating home at this time. The Court set this case for trial in late November 2009. Here are some answers to a few of the questions that have been posted.
I won this eviction case in State Court back in 2007. The following story discusses this:
http://www.browardpalmbeach.com/2007-03-08/news/wi ...
This 2007 eviction action, along with the current federal arrest of my floating home, was in part retaliation directed towards me by the Riviera Beach City Council. A transcript was obtained of an executive session in which the City Council discussed tailing me and other intimidation. The details can be found in this story
http://www.browardpalmbeach.com/2007-12-13/news/ta ...
What follows are the affirmative defenses from my answer to the City's complaint which address some of the legal questions posed by the Digg members. The entire answer can be found at http://pacer.psc.uscourts.gov/
Thanks for your positive thoughts; the City of Riviera Beach will learn once again that I am the wrong guy to f--k with.
Scanshift
AFFIRMATIVE DEFENSES
FIRST DEFENSE
This Court lacks subject matter jurisdiction to arrest LOZMAN’S floating structure.
SECOND DEFENSE
Proper application of the doctrine of comity vests jurisdiction over this matter in the Court of the 15th Judicial Circuit of Florida (STATE COURT).
THIRD DEFENSE
Application of the doctrine of res judicata bars the CITY from relitigating the eviction of LOZMAN and his floating structure from the CITY MARINA again. Attached as Exhibit 1, Plaintiff’s Motion for Summary Judgment, Verdict, Final Order Denying Eviction, STATE COURT Case No. 50 2006 CA 014054 XXXX MB.
FOURTH DEFENSE
Application of the abstention doctrine weighs against this exercise of federal jurisdiction in this case. Abstention is warranted here to avoid inconsistent rulings by state and federal courts; avoid confusion of multiple reviews; and avoid needless interference with the state’s coherent administration of its own landlord tenant laws. See Exhibit 1
.
FIFTH DEFENSE
Application of collateral estoppel precludes the Court from relitigating the eviction of LOZMAN and his floating structure from the CITY MARINA again. See Exhibit 1.
SIXTH DEFENSE
CITY is legally and equitably estopped from pursuing its federal admiralty claim when they argued in STATE COURT that the wet-slip agreement was for a boat and fell under Chapter 83, Florida Statute, (landlord tenant), upon which LOZMAN relied. Attached as Exhibit 2, October 9, 2006, City of Riviera Beach’s Motion to Strike Defendants Affirmative Defenses, see paragraph 3, “However, City’s complaint for eviction relates to eviction of a boat from a marina for violation of a wet-slip storage agreement. (emphasis added).
SEVENTH DEFENSE
CITY does not have a valid maritime lien. Before commencement of this action by CITY, LOZMAN tendered proper payment to the CITY and is not past due for any dockage at the CITY MARINA. Attached as Exhibit 3, LOZMAN’s returned rent check and letter.
EIGHTH DEFENSE
City is legally and equitably estopped from pursuing its federal admiralty claim when the STATE COURT issued a final order, upon which LOZMAN relied, affirming a jury verdict denying eviction of LOZMAN’s floating structure. See Exhibit 1.
NINTH DEFENSE
CITY waived its right to pursue its federal admiralty and maritime trespass claims when the CITY filed an eviction action in STATE COURT against LOZMAN in which the STATE COURT ruled on a motion for summary judgment that the CITY’s wet slip agreement between LOZMAN and CITY was governed by Chapter 83, Florida Statues. See Exhibit 1.
TENTH DEFENSE
The City has unclean hands in arresting LOZMAN’s floating structure. The arrest was for the purpose of evading a STATE COURT order for which the CITY had notice, to turn the electricity back on to LOZMAN’s floating structure. Attached as Exhibit 4, Order Granting Emergency Motion to Enjoin, April 17, 2009, STATE COURT Case No. 50 2006 CA 014054 XXXX
ELEVENTH DEFENSE
By arresting LOZMAN’s floating structure, CITY retaliated against LOZMAN for exercising his First Amendment rights. LOZMAN stopped the use of eminent domain in a multi-billion dollar redevelopment that was to take the CITY MARINA, along with thousands of homes and businesses, to give to a private developer. LOZMAN also publicly exposed two sexual predators that are still tenants at the MARINA, Mr. Thomas A. Bloom and Mr. Lou E. Dahlman. Attached as Exhibit 5, Palm Beach Sun story, “The Riviera Beach Political Slime Machine Marches On.” Attached as Exhibit 6, Florida Department of Law Enforcement Sexual Offender/Predator data sheets, lease agreement for Bloom.
TWELFTH DEFENSE
The Complaint fails to state a claim upon which relief can be granted.
The developers and government officials are not just doing this to homes in marinas. Up north here they have already condemned $200,000.00 homes whose owners bought and built along lakes in the last 40 years. All in immaculate condition but the developers promised condos would pay more taxes. The law was changed saying any home whose garage was unattached was unlivable and the entire neighborhoods lost in court. They receive a pittance and a kick in the rump.
This is the "New" America but it's been going on for decades. It's just that before it was only the poor and elderly that lost out,now there's enough precedent to take from everyone else too.
Sign up for the armed forces and this is what you can look forward to when you get out.
NOBODY CARES..you are an idiot to sign up.
Brain washed idiots all of them
Posted On: Monday, Jun. 1 2009 @ 4:06PMIf indeed the warrent was issued on false statements before a federal judge then the person or persons wo filed those warrents are subject to federal perjury charges as well as civil charges. Further because the person or persons who filed thoes unlawful papers in federal court did so representing a political structure to turn over property to a private firm, and also did so with criminal intent. This sounds like a RICO case to me.
"This may sound maudlin, but I was never more proud to live in America on the day the jury found in Lozman's favor."
I know how you feel Bob I've been there myself, but after reading what just happened to him I have never been more ashamed of being an American. Cripes we might as well call ourselves China from now on!
Posted On: Monday, Jun. 1 2009 @ 11:46PMRiveria Beach is the typical corrupt South Florida city.. How do I know, living nearby and doing business there.
Posted On: Tuesday, Jun. 2 2009 @ 5:17PMA few years ago, I started wondering about that. Does China have the equivalent of eminent domain?
It turns out they don't. They have to jump through all sorts of hoops to even ask to take your property away.
In other words, we are actually less free than the Chinese in some significant ways, at least when it comes to property rights. . . .
Posted On: Wednesday, Jun. 3 2009 @ 2:40PMFane Lozman went to Riviera Beach because he 1) got kicked out of North Bay Village; and 2) he needed somewhere to live on his slum of a so called house boat while he pursued a frivilous lawsuit in Chicago - a lawsuit that had the potential to make him a millionaire. The lawsuit failed and so did his dreams of being a millionaire. The Marina asked him to insure his houseboat and he refused. Since he has very little money and no where else to go, he has made up a very elaborate story and tells it to those who listen. He has no friends in Riviera Beach. And as many of you know, no friends here in Miami. He is pathetic, and a woman hater. Hell, he even sued his ex girlfriend over a bird he gave to her as a gift. He lost that case and is appealing! Fane is the victim of mental unstability. Nothing more. Ask his parents.
Posted On: Friday, Jun. 5 2009 @ 10:16AMLi: I'd add that in China the penalties for corruption include the death penalty, and they aren't particularly reluctant to apply it.
WTRVPSF: He already is a millionaire, you moron. Anyone without boatloads of cash would be bankrupted by this point from legal fees. Cranks don't repeatedly win in court, either.
Posted On: Monday, Jun. 8 2009 @ 12:56AMits funny to see how people who are clearly involved with this case and against mr. lozman like to slip in a comment here and there telling you how bad of a man he is, how he has nofriends, ect, ect. its kind of pathetic. live and let live, people.
Posted On: Monday, Jun. 8 2009 @ 9:40AMFane found me via youtube; we started a dialogue on the phone and he graciously invited me to his houseboat for lunch on Saturday. We talked about trading the markets, ScanShift, our military service, south florida and the drama in his life. I'm still not sure what motivates him, but he certainly is not a victim of colonial thinking. Ask yourself what you've stood for, fought for and been persecuted for in the past 10 years; heck, your entire life -- ask yourself that before criticizing Fane for standing, fighting, and being persecuted for taking a stand. Most people won't even fight a wrongfully issued traffic ticket. Thanks again for your hospitality, Fane.
Posted On: Monday, Jun. 15 2009 @ 12:38AMWhatever happened to the days when the crooked sheriff would try to pull this kind of crap but a hundred men would arm up, go visit the courthouse or jail, and insist that their fellow citizen's rights be upheld or else?
What a nation of women America has become, chicken-hearted little cubicle dwellers afraid to stand up for themselves when some equally fey cop swings a club at them for no good reason, or shoots their 9-year-old with a tazer (one of the most cowardly weapons currently used by the coward police).
Why do you not fight back when what these bullies are doing is illegal immoral, unconstitutional, and meant to cow you? Take back the damn country, if you are men.
Posted On: Wednesday, Jul. 1 2009 @ 9:52PMMe: save the misogyny for your "I'm Not Secure in My Masculinity" support group. It has no place in this discussion, or any other for that matter. And no, before you get all huffy about feminists calling you out, I'm a 58-year-old white guy from Texas, hetero as they come, and a father, to boot. So if you'll drop all the anti-women slurs, I'll not preach to you about the fact that some of the strongest, most ass-kicking people I know are women. Grow up and stay on the subject.
To wit: go get 'em, Fane! We need you and support you. Get that house back!
Every time I hear someone misuse the word socialism, I hear Domingo Montoya yelling at Vizzini in the Princess Bride, "You keep using that word, I do not think it means what you think it means!"
Inconceivable!
@Robert Hinton (first reply)-if you want people to take your views seriously, I suggest you learn how to spell and write sentences correctly.
This is obviously an outrageous abuse of power on the part of the authorities. Confiscating someones entire home because they oppose local authority plans to destroy a community is what it is, denying it is risible.
Posted On: Sunday, Jul. 12 2009 @ 4:07AMFane is a WANKER. He does what he wants when he wants regardless of who he is putting out and when someone speaks up he blows up. He cries foul to the city council when they want/need to do something with city property that is bad for him.
That dump they call a marina has been losing money for years since it was built. It covers its loss with tax dollars. The city has proven to the taxpayers that it can't run it for a profit....I say give it to someone who can and pay the city a lease fee......no cost to the city in that INCOME!!!!!That is a good solid business decision that may cause distrss to existing leasholder, but will help the rest of the taxpayers in the town.
Fane is there because it is cheap and very poorly run (to his advantage). Fane is a blowhard that takes advantage of others/cities to get ahead For Fane. He is a champion of nothing. In the public world all one has to do is cry "rights" and someone has to deal with it.
Eminent Domain? The City already owns this property.
If Viking gets it, Fane's rent goes up and all of the derilicts including Fane pay up or get tossed. All of you think that the fact that the city required and finally began to enforce vessel insurance was wrong; the crappy pieces of shit can't get insurance anyway so whay should the city insure them? Most of those boats are hazzards. If the folks that live on them get so far behaind, they leave the boat to the city and the city has to dispose of them..no rent plus a disposal fee = more losses. Is this good for local tax payers? No!
A vessel cannot be seized because you don't like it....you seize it to secure funds owed and settle a debt. It is either settled or Auctioned and remaing proceeds go back to the owner (after all fees are paid). Fane and his boat fall under admiralty law. Since the lease is for the boat and slip the boat and her appurtances (contents)are what incurres the fees...not Fane. The boat was grabbed to secure it from disappearing because it can be auctioned to get payment if Fane does not step up.
Fane may have been very behind in his rent because of some civil rights breach he claims by the city and refused to pay rent because of it...not fair. How do they collect? Fane keeps the shitstorm going, and he continues to live for free. If Fane had known the boat was going to be seized, then he may have tried to hide it. Fane probably owns the boat with no ships mortgage and therefore a lien could not have been filed AND the value of said piece of shit may not be enough to cover said debt if it continued to sit there and accrue fees while the lien was filed.
Fane has been sued by the City (since the arrest of the vessel) and will be given an opportunity to get his crap off the boat and to pay up owed fees plus costs of seizure. The longer the fight lasts the higher the fees for Lawyers and the vessel's custodian fees and the vessel's storage fees.
Fane started this and the City will finish it.
I am in the business and not with the city. I have read about Fane. He refused to follow the rules on the lease he signed claiming the rules were unfair...Fane whay did you sign the lease...Goodbye.
I have dealt with wankers like Fane many times and am glad to see he got what he got. He is a deadbeat not a hero for fihting city hall. I would love to see how this shakes out. He is not an admiralty attorney and may not be bright or versed enough to pull representing himself off...he may have to hire one. His EGO will be his end here. This will not be cheap at all for either side.
The City is going to close the Dry stack and Viking will get the wet lease....Fane will have to deal with Viking no matter what the turnout is...and the city will get a positive return on their investment in the leagal fees against Fane because they are rid of both Fane and the marina.
Right on!
Posted On: Wednesday, Aug. 26 2009 @ 1:52PMSkanshift:
Can you please publish the complaint the City has against you...you know the one that they filed in court in order to have the Federal Marshal seize your boat? The one that was placed on the boat when the BIG NO TRESPASSING sticker was plastered on the boat.
It would be interesting to read it and not magazine articles about it.
How about it? I would love to see the answer that was filed as well.
Why don't you post it on a web site? Maybe the site that you put up about the Mayor and his messy yard?
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Posted On: Tuesday, Dec. 22 2009 @ 2:27PM
