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SHUTTS <br /> BOWEN <br /> LLP <br /> .Pounded 1910 <br /> SIDNEY C.CALLOWAY E-MAIL ADDRESS: <br /> PARTNER scallowny@shutts.com <br /> (954)847-3833 Direct Telephone <br /> (954)888-3063 Direct Facsimile <br /> June 10, 2015 <br /> VIA ELECTRONIC MAIL <br /> hottinot@sibfl.net <br /> Hans Ottinot, Esq.,City Attorney <br /> City of Sunny Isles Beach <br /> 18070 Collins Avenue <br /> Sunny Isles Beach, FL 33160 <br /> Re: City of Sunny Isles Beach v. Cavalry Corp. <br /> Case No. 12-26693 CA 09 <br /> Client-Matter No.27169.0006 <br /> Dear Hans./yh J7 <br /> Kindly allow this correspondence to serve as a preliminary review of the most recent jury <br /> trial in the above styled case, as well as my recommendation that the matter be evaluated <br /> by appellate counsel concerning the viability of an appeal to the 31d District Court of <br /> Appeals. <br /> The chief issue, which I believe to be significant, is whether the court erroneously <br /> admitted, over the City's objection, evidence of the subject property's highest and best use <br /> (ultimately market valuation), which hinged on the speculative opinions of Respondent's <br /> expert witnesses. These witnesses testified that the property could be developed as a <br /> private docking facility containing 46 boat slips which could then be sold to condominium <br /> unit owners. Such evidence included testimony and physical exhibits prepared by Stephen <br /> Carney and Thomas Checca concerning the probability of gaining necessary permits from a <br /> host of governmental agencies, as well as the required environmental mitigation at some <br /> unknown off-site location and in accordance with additional speculative agreements with <br /> unknown third party(ies). However, the most flagrant speculative evidence that the court <br /> • <br /> allowed to reach the jury was a speculative site plan depicting 46 boat slips exhibits <br /> 200 East Broward Boulevard,Suite 2100, Fort Lauderdale.Florida 33301 • p.)954.524.5505• l\954.524.5506•www.shutts.com <br /> .IIAM1 1•li01 Lu. ui:oiA1.1: \lEES'I ! Ai.∎l RI.\[_•I; ()ltl.1,N.t)ci 1\+I;'\ IA, i 11},s,,S k i:: •..\ua:(.)T•V <br />