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CROOKED JOHN E.

STEELE CAUGHT WITH HIS JUDICIAL PANTS

DOWN AND ON FIRE

HOW PUBLIC RECORDS PUT U.S. JUDGE INTO JAIL:

LAY v. STATE OF FLORIDA, DEPT. OF ENV. PROTECTION:

“8. At that point, the County referred the matter to the County
Attorney's office for a legal opinion. On December 29, 2000, a
memorandum opinion was prepared to the effect that the road easement,
if implicitly offered for dedication by filing of the Second Revised Plat of
Cayo Costa Subdivision in the early 1910's, was never accepted by the
County.”
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION

JOHN LAY AND JANET LAY,

Petitioners, OGC CASE NOs. 01 -0203


01-0204
VS. DOAH CASE NOs. 01-1541
01-1542
DEPARTMENT OF ENVIRONMENTAL DEP01-0860; DEP01-0876
PROTECTION,

Respondent.

_____________________________________/

FINAL ORDER

On August 14, 2001, an Administrative Law Judge with the Division of Administrative Hearings (hereafter
"DOAH") submitted his Recommended Order to the Department of Environmental Protection (hereafter "Department"). A
copy of the Recommended Order was also furnished to pro se Petitioners, John and Janet Lay (hereafter the "Lays").' A
copy of the Recommended Order is attached hereto as Exhibit A. Exceptions to the Recommended Order were timely
filed on behalf of the Department. The Recommended Order and the Exceptions are now before the Secretary of the
Department for final agency action.

BACKGROUND

The Lays are the owners of Lots 16 and 17, Cayo Costa Subdivision, located on Cayo Costa Island in Lee
County, Florida. On July 12, 2000, the Lays filed a consolidated application for exemption from the need to obtain an
environmental resource permit and for a consent of use for a 208 square foot single-family dock. A portion of the
proposed dock project would be built on sovereign submerged lands owned by the State of Florida underlying a lagoon
west of Pelican Bay. Due to the Department's focus on minimizing adverse impacts on mangroves bordering the lagoon,
the Lays eventually agreed to submit additional information and to reduce the size of their proposed dock to 58 square
feet. The revised application was granted by the Department on August 21, 2000, in DEP File No. 36-0172390-001.
The consent of use included General Consent Conditions. Among other things, they stated: "The Letter of
Consent associated with these General Consent Conditions as well as these conditions themselves are subject to
modification after five (5) years in order to reflect any applicable changes in statutes, rule or policies of the Board [of
Trustees of the Internal Improvement Trust Fund] or its designated agent [DEP] .,, 2 There were no other conditions or
statements regarding modification or revocation of the consent of use.
After obtaining their exemption and consent of use in DEP File No. 36-0172390-001, the Lays determined that
they needed a larger dock. On September 11, 2000, the Lays applied for another exemption and consent of use for a 114
square foot single family dock. This application was granted by the Department on October 14, 2000 in DEP File No.
36-0172390-002. This consent of use contained the same General Consent Conditions as the first consent of use for the
proposed 58 square foot dock. Like the original consent of use issued to the Lays, no provisions were set forth in the
consent of use issued in DEP File No. 36-0172390-002 regarding modification or revocation.
In January of 2001, the County Attorney for Lee County sent the Department a copy of a boundary survey of Lots
16 and 17 prepared by Ted B. Urban, a professional land surveyor. See, the Lays' "Exhibit A" admitted into evidence at
the DOM final hearing. This boundary survey reflects that the Lays' proposed dock facility would have to traverse a strip of
land above mean high water ("MHW') approximately 10-15 feet in width. This strip of land east of the boundaries of Lots
16 and 17 and above the MHW is designated as a "road easement" on the boundary survey.
Based primarily on its review of this boundary survey, the Department concluded that the Lays were not "upland
riparian" landowners within the purview of Rule 1821.004(3)(b), Florida Administrative Code ("F.A.C."). Accordingly, the
Department issued a letter dated January 18, 2001, notifying the Lays that the prior consents of use of sovereign
submerged lands issued in DEP File Nos. 36-0172390-001 and 360172390-002 "are hereby revoked." See "DEP Ex. 15"
admitted into evidence at the DOM final hearing. The Lays then filed a petition contesting the Department's agency action
proposing to revoke the two prior consents of use.
DOAH PROCEEDING
The Department forwarded the Lays' petition to DOAH and requested a formal administrative proceeding.
Administrative Law Judge, J. Lawrence Johnston ("ALX), was assigned to preside over the case. The ALJ held a formal
administrative hearing in this case on June 29, 2001. In his subsequent Recommended Order, the ALJ
concluded that the Department did not have legal authority to revoke the two consents of use previously issued to the
Lays. This legal conclusion of the ALJ was based on several grounds, including the applicability to this case of the
doctrine of "administrative finality." The ALJ ultimately recommended that the Department enter a final order disapproving
the notice dated January 18, 2001, attempting to revoke the two consents of use issued to the Lays in DEP File Nos.
36-0172390-001 and 36-0172390-002.

RULINGS ON THE DEPARTMENT'S EXCEPTIONS

Exception No. 1

The Department's first Exception objects to the ALJ's Conclusions of Law 16, 17, and 18. These challenged legal
conclusions of the ALJ all pertain to the issue of whether the doctrine of "administrative finality" applies in this case. The
rationale underlying the administrative finality doctrine is that there must be a "terminal point at which the parties and the
public may rely on a decision of an agency as being final and dispositive of the rights and issues therein." Reedy Creek
Utilities Co. v. Florida Public Service Commission, 418 So.2d 249, 253 (Fla. 1982); Peoples Gas System, Inc. v. Mason,
187 So.2d 335, 339 (Fla. 1966). The ALJ concluded that the administrative finality doctrine did apply in this case, thereby
precluding the Department from revoking the two prior consents of use granted to the Lays in the year 2000.
The sole legal authority cited and discussed by the ALJ as precedent for his conclusion that the administrative
finality doctrine precluded the Department from revoking the two prior consents of use granted to the Lays is a prior final
order of this agency entered in the case of Dept. of Environmental Protection v. Brotherton and Sportman's Lodge
Development Corp., ER FALR 97:172 (Fla. DEP 1997). The Brotherton Final Order relied on the administrative finality
doctrine as the basis for disapproving an attempted revocation by the Department in 1996 of a permit exemption
determination and a consent of use granted to Brotherton in 1993 in connection with a proposed dock repair project in
Citrus County.
The Department contends that the 1997 Brotherton Final Order relied upon by the ALJ is distinguishable on its
facts and is not controlling as to the disposition of the instant case. This contention of the Department's is based on a
portion of the Brotherton Final Order stating that:

the record in this case does not demonstrate that the Department's attempted revocation
of DER's Letter of Exemption No. 092309393 is based on critical newly-discovered
evidence not included in Brotherton's 1993 exemption application package." (emphasis
supplied)

The Department asserts that, unlike Brotherton, there is "critical newly-discovered evidence" in this case supporting the
propriety of the revocation action of this agency. The critical newly-discovered evidence relied upon by the Department is
the boundary survey it received from the County Attorney for Lee County in January of 2001. See the Lays' "Exhibit A."
The Department's contention that the boundary survey constitutes "critical newly discovered evidence" is based
on the fact that this survey shows a 60-foot wide "road easement" adjacent to the eastern boundaries of Lots 16 and 17.
The boundary survey further reflects that, at the point where the Lays propose to build their dock, about 10-15 feet of the
road easement is located above the MHW point. The Department argues that the existence of this 10-15 foot wide road
easement between the eastern boundaries of Lots 16 and 17 and the MWH at the proposed dock site precludes the Lays
from being "upland riparian" landowners under Rule 18-21.004(3)(b), F. A. C.
The Department's contention that the road easement constitutes a separate parcel of property between Lots
16 and 17 and the MWH was rejected by the ALJ. Instead, the AU concluded that, due to the absence of any proof in
this case to the contrary, the Lays own to the centerline of the 60-foot road easement shown on the boundary survey
as a matter of established real property law. See, e.g., Smith v. Horn, 70 Fla. 484, 70 So. 435, 436 (Fla. 1915);
Joseph v. Duran, 436 So.2d 316, 317 (Fla. 1st DCA 1983); Feig v. Graves, 100 So.2d 192, 196 (Fla. 2d DCA 1958). 1
agree with the ALJ's application of this settled rule of real property law to the facts of this case.
In his Recommended Order, the AU asserted that there was no evidence presented at the DOM final hearing
that the road easement in question was ever officially dedicated to the public and/or that dedication of the road
easement was ever officially accepted by Lee County. The AU also asserted that no evidence was presented at the
final hearing that the developer of the Cayo Costa Subdivision retained any reversionary interest in the road
easement. Neither of these assertions of the AU was challenged by the Department in its Exceptions.
I further agree with the ALJ's related finding that the Lays' ownership to the centerline of the 60-foot wide road
easement would place the MHW adjacent to property owned by the Lays at the point where the proposed dock is to
be built. Therefore, contrary to the Department's claim, the boundary survey does not establish that there is a
separate upland parcel of land not owned by the Lays between the eastern boundaries of Lots 16 and 17 and the
MHW at the dock site.
Consequently, even when the boundary survey relied upon by the Department is taken into consideration, it
still fails to establish that the Lays are not "upland riparian" landowners under Rule 18-21.004(3)(b), F.A.C. I thus
reject the Department's suggestion that the matters reflected in the boundary survey constitute "critical newly
discovered evidence" rendering the doctrine of administrative finality inapplicable to the final action of this agency
granting the two consents of use to the Lays in the year 2000.
I acknowledge that there is Florida case law concluding that, notwithstanding the administrative finality
doctrine, a state agency may revoke or modify a prior final action under "extraordinary circumstances." See, e.g.,
Russell v. Dept. of Business & Professional Regulation, 645 So.2d 117, 119 (Fla. 1st DCA 1994); Richter v. Florida
Power Corp., 366 So.2d 798, 800 (Fla. 2d DCA 1994). However, for the reasons stated above, I do not view the
boundary survey received by the Department in January of 2001 to be the source of such "extraordinary
circumstances" as to warrant the revocation of the two consents of use granted to the Lays in the year 2000.
I also recognize that, notwithstanding the administrative finality doctrine, a state agency may be expressly
authorized by statute or rule to revoke or modify a prior final action under certain conditions. For instance, the
Department is expressly authorized to suspend and/or revoke regulatory "permits" under stated conditions pursuant to
Rules 62-4.100 and 62-343.140, F.A.C. However, the courts have ruled that the term "permit," within the context of
environmental regulation provisions, does not include a lease, license, easement, or other form of consent to use
sovereign submerged lands granted pursuant to Chapter 253, Florida Statutes, and Chapter 18-21, F.A.C. Graham v.
Edwards, 472 So.2d 803, 807 (Fla. 3d DCA 1985).
Accordingly, the Department's Exception No. 1 is denied.

Exception No. 2

In its second Exception, the Department objects to the ALJ's Conclusions of Law 13, 14, 15, and 21. The
challenged legal conclusions of the AU deal with the apparent lack of any express statutory or rule authority for the
Department to revoke a prior final agency action granting a consent of use of sovereign submerged lands on behalf of
the Trustees. In my preceding ruling, I determined that the Department's attempted revocation of the two consents of
use granted to the Lays in the year 2000 is precluded by the doctrine of administrative finality. The Department's
second Exception is also denied for the same reason. I would also note that the Department's second Exception fails
to cite to any statute or administrative rule expressly authorizing the Department to revoke, on behalf of the Trustees,
a prior final agency action granting a consent of use of sovereign submerged lands.
I agree that when the Department is exercising its delegated authority from the Trustees, it is acting in a
proprietary capacity that is different from this agency's regulatory capacity. Accord Graham, 472 So.2d at 807. 1 am
also aware that there is case law suggesting that a prior consent of use of sovereign submerged lands may be subject
to revocation under some conditions, provided that there is compliance with the provisions of the Florida
Administrative Procedure Act ("APA"). See Trustees v. Barnett, 533 So.2d 1202, 1206 (Fla. 3d DCA 1988). In any
event, I conclude that the boundary survey relied upon by the Department does not reflect the existence of conditions
that are sufficient to warrant revocation of the two consents of use previously granted to the Lays, even though the
requirements of the APA were met in this case.
The Department's Exception No. 2 is thus denied.

Exception No. 3

The Department's third Exception objects to the ALJ's Conclusions of Law 19 and 20. The Department
contends that these legal conclusions of the AU should be rejected because both the AU and the Department lack
jurisdiction to resolve the real property issues raised by the boundary survey and the road easement. However, I do
not find this contention of the Department to be persuasive.
In the course of reviewing applications for authorizations to use sovereign submerged lands, the Department
is required by law to make an initial determination that the applicant is an "upland riparian owner" or has "sufficient title
interest in uplands for the intended purpose." See Rule 18-21.004(3), F.A.C. The only reason given by the
Department for initially considering the subject boundary survey was to determine whether it contained data indicating
whether or not the Lays were upland riparian landowners as required by Rule 18-21.004(3).
If the Department does lack jurisdiction to determine whether an applicant is an "upland riparian owner" within
the purview of Rule 18-21.004(3), then the provisions of this Trustees rule would be rendered essentially
meaningless. In every proceeding where an applicant's position as an upland riparian owner is disputed by the
Department, the matter would presumably then have to be submitted to a circuit court for resolution. The judiciary, and
not the Department, would thus become the reviewer of these disputed applications for authorizations to use
sovereign submerged lands.
In addition, the Department's claim that this agency lacks jurisdiction to resolve the real property issues
incidental to the determination of whether the Lays are upland riparian owners appears to be directly inconsistent with
the prior actions of this agency. The very agency action contested in this proceeding involves a preliminary
determination by the Department that the Lays are not upland riparian owners and are thus not entitled to a consent of
use of sovereign submerged lands.
It is undisputed that the boundary survey was cited by the Department as the primary basis for its
determination that revocation of the consents of use was warranted. See DEP's Ex. 15. If the Department now lacks
jurisdiction to consider the upland riparian ownership issues presented in the subject boundary survey, then it would
have also lacked jurisdiction to consider and rely on the boundary survey as the primary basis for revoking the
consents of use granted to the Lays.
With respect to the suggestion that DOM also lacks jurisdiction to resolve the real property issues raised in
the subject boundary survey, it was the Department that gave the Lays written notice that they could contest the
agency action revoking the consents of use by filing a petition for an administrative hearing. See DEP's Ex. 15. It was
also the Department, not the Lays, that referred this matter to DOM for a formal administrative hearing. I would further
note that it was the Department, not the Lays, that relied heavily on the boundary survey to support its legal position in
the course of the DOM proceedings.
The Department's Exception cites to statutory and case law supporting the general proposition that the circuit
courts of this state have exclusive original jurisdiction in "all cases involving the title and boundaries to real property."
However, the Department's reliance on this statutory and case law is misplaced. This is not an action involving a
dispute between the Lays and a third party as to the boundaries of or title to the road easement shown on the
boundary survey.
This is also not an action where the Department is seeking a determination that the Trustees have title to all
or a portion of the road easement. The Department's own witness, Mark Miller, testified at the DOAH final hearing that
a determination was made by the Department's title and land section that "the State did not actually own that real
property, but they could not determine who did own that property." (Final Hearing Tr., page 24)
In view of the above, the Department's Exception No. 3 is denied.

Exception No. 4

The Department's fourth and final Exception does not object to any existing language set forth in the ALJ's
Recommended Order. Instead, the Department contends that the AU "appears to apply a 'clear and convincing
evidence' standard in Conclusions of Law 15, 18, 19, 20, and 21." Nevertheless, there is no reference by the AU in the
Recommended Order to the phrase "clear and convincing evidence." To the contrary, as noted in the Department's
Exception, the AU asserts in his Conclusion of Law 12 that the Department "has the burden to prove legal grounds for
revocation by [a] preponderance of the evidence."
Assuming that the burden of proof is on the Department in a proceeding where a party is challenging an
agency action revoking a prior proprietary authorization, then I agree that the appropriate standard of proof to be
imposed on the Department is the "preponderance of the evidence" standard. Moreover, I do not construe the
provisions of Conclusions of Law 15, 18, 19, 20, and 21 to embody a tacit endorsement by the AU of a "clear and
convincing evidence" standard of proof in this administrative proceeding.
The Department's Exception No. 4 is denied.
It is therefore ORDERED:
A. The Recommended Order of the ALJ, with the modified case style, is adopted and incorporated by reference
herein.
B. The Department's preliminary action issuing the revocation letter to the Lays on January 18, 2001, is hereby
DISAPPROVED.
C. This administrative proceeding seeking the revocation of two consents of use granted in DEP File Nos.
36-0172390-001 and 36-0172390-002 is DISMISSED.
Any party to this proceeding has the right to seek judicial review of the Final Order pursuant to Section 120.68,
F.S., by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the
Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida
32399-3000; and by filing a copy of the Notice of Appeal with the applicable filing fees with the appropriate District Court
of Appeal. The Notice of Appeal must be filed within 30 days from the date this Final Order is filed with the Department
clerk.
DONE AND ORDERED this 27th of September, 2001, in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT


OF ENVIRONMENTAL PROTECTION

DAVID B. STRUHS
Secretary
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000

Endnotes:
1
The Recommended Order lists the Department as the "Petitioner" and John and Janet Lay as the "Respondents."
Nevertheless, it is undisputed that it was the Lays who filed a petition with the Department contesting the agency action
revoking two prior consents of use authorizing the Lays to use sovereign submerged lands to build their single-family
dock. Thus, the Lays are the Petitioners, rather than the Respondents, in this administrative proceeding
2
The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Trustees"), which holds the title to
state lands, has delegated to the Department the authority to grant proprietary authorizations to use sovereign submerged
lands for private single-family docks like the one proposed to be built by the Lays.

[DOAH RECOMMENDED ORDER ATTACHED]


STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF ENVIRONMENTAL )
PROTECTION, )
)
Petitioner, )
) Case Nos. 01-1541
vs. ) 01-1542
)
JOHN LAY and JANET LAY, )
)
Respondents.
)
)
RECOMMENDED ORDER

On June 29, 2001, a final administrative hearing was held in these cases before J. Lawrence Johnston,

Administrative Law Judge (ALJ), Division of Administrative Hearings (DOAH). The hearing was conducted by televideo

connecting hearing locations in Tallahassee and Fort Myers, Florida.

APPEARANCES

For Petitioner: Francine M. Ffolkes, Esquire


Department of Environmental Protection
3900 Commonwealth Boulevard
The Douglas Building, Mail Station 35
Tallahassee, Florida 32399-3000
For Respondents: John Lay and Janet Lay, pro se
3901 Southwest 27th Court
Cape Coral, Florida 33914

STATEMENT OF THE ISSUE

The issue is whether the Department of Environmental Protection (DEP) should revoke two consents of use

issued to the Lays for construction of an exempt dock on Cayo Costa Island near Pelican Bay in Lee County.

PRELIMINARY STATEMENT

On January 18, 2001, DEP gave notice of intent to revoke the Lays' two consents of use. The next day, the Lays

requested administrative proceedings, which were referred to DOAH on April 25, 2001. (The reason for the delay is not

clear from the record.) At DOAH, the two cases were consolidated and set for final hearing on June 29, 2001. Later, final

hearing was converted to televideo.

At final hearing, DEP called Mark Miller, its environmental manager in the submerged lands and environmental

resources program in DEP's South District office in Fort Myers, Florida. DEP also had DEP Exhibits 1-16 admitted in

evidence. The Lays testified in their own behalf and had Respondents' Exhibits 1, A, C, E, G, H, and I (the latter being

photographs filed after the hearing) admitted in evidence. DEP recalled Miller in rebuttal.

DEP ordered a transcript of final hearing, and the parties were given ten days from filing of the transcript in which

to file proposed recommended orders (PROs). The Transcript was filed on July 9, 2001. Only DEP filed a PRO, which

has been considered.

FINDINGS OF FACT

1. In spring 2000, after contracting to purchase Lots 16 and 17 in the Cayo Costa Subdivision on Cayo Costa

Island in Lee County, but before closing, the Lays contacted Peggy Grant, an environmental specialist in DEP's South

District office in Fort Myers, Florida, to inquire whether it would be possible to construct a single-family dock on and over
sovereign submerged land owned by the State of Florida in a lagoon west of Pelican Bay. The Lays testified without

contradiction that, in making their inquiry, they showed Grant a boundary survey of the property. The boundary survey

showed that there was a strip of road easement above the mean high water (MHW) line east of all of Lots 16 and 17

except for the extreme southeast corner of the lots. According to the Lays, again without direct contradiction, Grant told

them that it would be possible to construct a dock into the lagoon because the lots were riparian to the lagoon at least at

the southeast corner. It was not clear from the evidence whether Grant told the Lays that their dock could emanate from

parts of their lots other than the southeast corner. The Lays subsequently closed on the property.

2. On July 12, 2000, the Lays filed a consolidated application for exemption from the need to obtain an

environmental resource permit and for consent of use for a 208 square-foot single-family dock emanating from the

easternmost point of the boundary between Lots 16 and 17--a point from which the dock would have to traverse

approximately 10-15 feet of land above MHW designated as roadway easement on the boundary survey.

3. The Lays testified that the boundary survey was part of the application, but no boundary survey was contained

in DEP's files, and it is found that the application did not include the boundary survey. It is found that the Lays, in

testifying as they did, confused the application submission with the inquiry of Peggy Grant in spring 2000. There was no

other information in the application indicating a road easement or the location of MHW.

4. After the Lays filed their application, DEP located the site on an aerial produced by DEP's Geographic

Information System and conducted a site visit. During this phase, DEP and the Lays focused on minimizing impact on

mangroves bordering the lagoon. Negotiations ensued, and the Lays eventually agreed to submit additional information

down-sizing their proposed dock to 58 square feet. The revised application was granted on August 21, 2000, under DEP

File No. 36-0172390-001.

5. The consent of use included General Consent Conditions. Among other things, they stated: "The Letter of

Consent associated with these General Consent Conditions as well as these conditions themselves are subject to

modification after five (5) years in order to reflect any applicable changes in statutes, rule or policies of the Board [of

Trustees of the Internal Improvement Trust Fund] or its designated agent [DEP]." There were no other conditions or

statements regarding modification or revocation of the consent of use.

6. After obtaining their exemption and consent of use, the Lays realized they needed a larger dock. On

September 11, 2000, they applied for an exemption and consent of use for a 114 square-foot single-family dock. The

Lays concede that the boundary survey was not included in this application. This application was granted on October 14,

2000, under DEP File No. 36-0172390-002. It included the same General Consent Conditions as the first consent of use

for the 58 square-foot dock and no other conditions or statements regarding modification or revocation of the consent of
use.

7. The Lays next approached Lee County for a permit for their dock. They showed Lee County their DEP

exemption and consent of use and their boundary survey. On November 13, 2000, Lee County informed the Lays that the

County permit could not be issued due to County setback requirements from the road easement shown on the boundary

survey. The Lays then asked for consideration of a variance from the setback requirements or vacation of the road

easement (which clearly could serve no purpose or be of any use as a road).

8. At that point, the County referred the matter to the County Attorney's office for a legal opinion. On

December 29, 2000, a memorandum opinion was prepared to the effect that the road easement, if implicitly

offered for dedication by filing of the Second Revised Plat of Cayo Costa Subdivision in the early 1910's, was

never accepted by the County. The County surmised that the road easement belonged to the State of Florida. For that

reason, no setback requirements from a road easement applied, and the County permit could be issued.

9. The Lays were informed of the County's legal opinion in early January 2001. They were told that the County

informed DEP of the legal opinion and the boundary survey and that the Lays could expect to receive their County permit

shortly.

10. When DEP was informed about the County's legal opinion, DEP had a copy faxed to its Office of General

Counsel in Tallahassee on January 12, 2001, along with a copy of the boundary survey. Upon review of the

documentation, DEP came to the conclusion that the Lays were not riparian owners at the point of their proposed dock (at

the southeast corner of Lot 16 and northeast corner of Lot 17) as a result of the road easement. On January 18, 2001,

DEP gave the Lays notice of DEP's intent to revoke both consents of use (for the 58 and 114 square-foot docks).

11. DEP takes the position not only that it did not have the benefit of the boundary survey in either application for

exemption and consent of use but also that it accepted at face value the representations in the applications that the Lays

were riparian owners where they proposed to build their dock. Actually, the Lays' applications did not contain explicit

representations to riparian ownership. But they did state that the Lays owned "the property described," or had "legal

authority to allow access to the property," and did list only "Florida Department of Parks and Recreation" as the only

adjoining property owner. In addition, they implicitly represented entitlement to the exemptions and consent of use

applied for.

CONCLUSIONS OF LAW

12. Since DEP seeks revocation of exemptions and consents of use issued to the Lays, DEP has the burden to
prove legal grounds for revocation by preponderance of the evidence. See Balino v. Dept. of Health & Rehabilitative

Servs., 348 So. 2d 349 (Fla. 1st DCA 1977).

13. DEP cites no statutory or even rule authority for revocation of a consent of use issued under Rules Chapter

18-21. (Rule citations are to the current Florida Administrative Code. Statute citations are to sections of the 2000

codification of Florida Statutes.) Contrast Walker v. Dept. of Business and Prof. Reg., 705 So. 2d 652 (Fla. 5th DCA

1998); Libby Investigations v. Dept. of State, Div. of Licensing, 685 So. 2d 69 (Fla. 1st DCA 1986); Bill Salter Outdoor

Advertising, Inc. v. Dept. of Transp., 492 So. 2d 408 (Fla. 1st DCA 1996); Farzad v. Dept. of Prof. Reg., 443 So. 2d 373

(Fla. 1st DCA 1983).

14. DEP's PRO implies that Rule 62-343.140(1) states grounds for revocation of the Lays' consents of use. It

provides: "The Department shall revoke or suspend a permit when necessary to protect the public health, safety or

welfare." But Rules Chapter 62-343 applies to environmental resource permits, not to consents of use of sovereign

submerged lands. Although (in accordance with Sections 373.427 and 253.77(2) and Rules 62-110.106 and 62-312.065)

DEP combined the processing and review of applications for both exemptions under Rules Chapter 62-343 and consents

of use under Rules Chapter 18-21, this was done for administrative convenience and efficiency. It did not make

exemption rules apply to consent of use applications (or vice versa).

15. Assuming Rule 62-343.140(1) applied and established the grounds for revocation of consents of use, DEP

failed to prove that revocation of the Lays' consents of use is "necessary to protect the public health, safety or welfare."

16. In DEP v. Brotherton and Sportsman's Lodge Development Corp., DEP OGC Case No. 96-2581, DOAH

Case No. 96-6070 1997 WL 594059, (Fla. Dept. Env. Prot. 1997), DEP addressed the authority of an agency to modify

final orders under somewhat analogous circumstances. There, DEP's predecessor agency, the Department of

Environmental Regulation (DER), issued Brotherton an exemption to repair a dock. Brotherton claimed ownership based

on a warranty deed to a condominium unit, together with an undivided share in the common elements of the

Condominium, including "items of personal property . . . including the private dock located thereon." In giving this

warranty deed, Brotherton's seller relied on a letter from the seller's predecessor in title that "[y]our boat dock will remain

permanently assigned to your unit as a limited common element reserved for use by your unit" in consideration of

execution of amended Condominium documents. In exempting the dock, DER notified Brotherton that "the exemption

determination may be revoked 'if the basis for the exemption is determined to be materially incorrect.'" Id. at page 2.

When the effectiveness of the conveyance of the dock to Brotherton was questioned, DEP sent Brotherton a letter

revoking Brotherton's exemption. But in the Final Order, DEP rejected the letter based on the doctrine of "administrative

finality."
17. In the Brotherton Final Order, DEP stated at pages 4-5:

In the landmark case of Peoples Gas System, Inc. v. Mason, 187 So.2d 335 (Fla.
1966), the Florida Supreme Court recognized that administrative agencies have inherent
authority to modify prior final orders still under their control where it is demonstrated that
such modification "is necessary in the public interest because of changed
circumstances." Id. at 339. Nevertheless, in the Peoples Gas opinion, the court cited a
line of cases holding that this inherent authority of an administrative agency to modify a
prior final order is a limited one and concluded that:
The effect of these decisions is that orders of administrative agencies
must eventually pass out of the agency's control and become final and
no longer subject to modification. This rule assures that there will be a
terminal point at which the parties and the public may rely on a decision
of such an agency as being final and dispositive of the rights and issues
involved therein. This is, of course, the same rule that governs the
finality of courts. It is as essential with respect to orders of administrative
bodies as with those of courts.
Id. at 339.
The court concluded in Peoples Gas that an attempted modification by the Public
Service Commission of a final order four years after it was entered was improper based
on the rule of finality of administrative orders. This rule of "administrative finality" was
later reaffirmed in Austin Tupler Trucking, Inc. v. Hawkins, 377 So.2d 679 (Fla. 1979). In
the Austin Tupler case, the court held that to allow the Public Service Commission to
revisit the issues decided in a final order entered two years earlier would "contravene the
sound principles of finality enunciated in People's Gas." [FN9] Id. at 681.
In this administrative proceeding, the primary reason given for the Department's
attempted revocation of DER's 1993 Letter of Exemption No. 092309393 was that the
information submitted by Brotherton in his 1993 application "has been determined to be
materially incorrect" in that:
In paragraph 14.A.1. of the application you state that you are the record
owner or the record easement holder of the property. The Warranty
Deed provided by you does not indicate evidence of the above. (DEP's
Exhibit 4)
It is undisputed that Brotherton did represent in his 1993 exemption application form
submitted to DER that he was "the record owner ... of the property on which the
proposed project is to be undertaken, as described in the attached legal document." It is
also undisputed that the attached legal document (copy of an executed and recorded
warranty deed) purported to convey to Brotherton fee simple title to Condominium Unit
No. 5, together with title to the dock in question as personal property. (DEP Exhibit 3,
attachment "A"). The specific nature of the record ownership interest received by
Brotherton in the upland property adjacent to the dock, however, is unclear from the face
of the warranty deed attached to his application. [FN10]
Even assuming that the warranty deed attached to Brotherton's 1993 application
did not substantiate that he had sufficient record ownership interest in the dock and
adjacent uplands to be entitled to the requested regulatory exemption/consent of use
determination, these purported property title defects were readily apparent on the face of
this deed. [FN11] Thus, the record in this case does not demonstrate that the
Department's attempted revocation of DER's Letter of Exemption No. 092309393 is
based on critical newly-discovered evidence not included in Brotherton's 1993 exemption
application package.
There are no allegations or proof in this proceeding that Brotherton willfully
falsified any representations in the application forms and supporting documents filed with
DER in 1993. Neither are there any allegations or proof that Brotherton willfully
concealed from DER relevant information adverse to his exemption application. If there
were allegations and proof in this case of such willful misconduct on the part of
Brotherton, this may have been sufficient to support the propriety of the Department's
preliminary action in 1996 seeking revocation of DER's 1993 regulatory
exemption/consent of use determination.
The Department's legal position throughout these proceedings implies that DER
did not conduct an adequate review of Brotherton's application in 1993 with respect to his
consent of use request. The Department's contention suggests that DER either
overlooked or misconstrued the provisions of Rule 18-21.004(3)(b), Florida
Administrative Code, in granting the consent of use to Brotherton. I decline to rule on the
merits of such a proposition based on the "administrative finality" doctrine discussed
above.

18. Comparing this case to the Brotherton case, DEP contends essentially that the Lays' applications were

"materially incorrect." While the alleged defects in the applications were not "readily apparent on the face of" the

applications, neither is there any evidence that the Lays "willfully falsified any representations in the application forms and

supporting documents" or "willfully concealed from DEP relevant information adverse to [their] exemption application[s]."

While the facts in this case are not identical to those in Brotherton, it is concluded that the consents of use in this case,

like the exemption in Brotherton, should not be revoked, based on the "administrative finality" doctrine discussed above.

19. Beyond the doctrine of "administrative finality," it is concluded that DEP did not prove that the representations

in the Lays' applications were false. Under Florida law, "in the absence of a contrary showing," conveyance of Lots 16

and 17 included title to the centerline of the road east of the Lays' property, subject to the easement dedicated to Lee

County by platting of the Cayo Costa Subdivision in the early 1910's; and, since the County either did not accept or has

abandoned the road easement, the Lays own to the centerline of the road easement free and clear of any easement. See

Smith v. Horn, 70 Fla. 484, 489, 70 So. 435, 436 (1915); Calvert v. Morgan, 436 So. 2d 314 (Fla. 1st DCA 1983). DEP

did not prove that MHW is to the west of the centerline of the platted road easement at the point of the Lays' proposed

dock.

20. As suggested by Smith v. Horn, it was possible for the conveyance of Lots 16 and 17 from the owner who

platted the Cayo Costa Subdivision to have excluded title to the road easement (or to have retained a reversionary

interest). If so, the Lays would not own to the centerline of the road easement. See Servando Bldg. Co. v. Zimmerman,

91 So. 2d 289, 291-292 (Fla. 1956); Peninsula Point, Inc. v. South Georgia Dairy Co-op, Inc., 251 So. 2d 690, 692-693

(Fla. 1st DCA 1971). But DEP did not prove that the deeds to Lots 16 and 17 included such a provision. For that reason,

DEP did not prove that the Lays do not own to the centerline of the platted road easement and did not prove any

misrepresentations in the Lays' applications for consent of use.

21. Finally, in Bd. Of Trustees of Internal Improvement Trust Fund v. Barnett, 533 So. 2d 1202, 1206-1207 (Fla.

3d DCA 1988), the court approved a lower court conclusion of law rejecting a contention that "rights acquired from the

State in its proprietary capacity may be revoked at any time before the holder changes his position in reliance on the

right." DEP properly has not taken such a position in this case. (Nor did DEP prove that the Lays did not change position

in reliance on the consents of use.)


RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that DEP enter a final order: (1) disapproving DEP's notice dated January 18, 2001, of intent

to revoke the Lays' two consents of use; and (2) dismissing this administrative proceeding in which DEP seeks revocation

of its two consents of use.

DONE AND ENTERED this 14th day of August, 2001, in Tallahassee, Leon

County, Florida.
___________________________________
J. LAWRENCE JOHNSTON
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us

Filed with the Clerk of the


Division of Administrative Hearings
this 14th day of August, 2001.

COPIES FURNISHED:

Francine M. Ffolkes, Esquire


Department of Environmental Protection
3900 Commonwealth Boulevard
The Douglas Building, Mail Station 35
Tallahassee, Florida 32399-3000
John and Janet Lay
3901 Southwest 27th Court
Cape Coral, Florida 33914

Kathy C. Carter, Agency Clerk


Office of General Counsel
Department of Environmental Protection
3900 Commonwealth Boulevard, Mail Station 35
Tallahassee, Florida 32399-3000

Teri L. Donaldson, General Counsel


Department of Environmental Protection
3900 Commonwealth Boulevard, Mail Station 35
Tallahassee, Florida 32399-3000

David B. Struhs, Secretary


Department of Environmental Protection
3900 Commonwealth Boulevard
The Douglas Building
Tallahassee, Florida 32399-3000

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any
exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

JORG BUSSE

Plaintiff,

vs. Case No. 2:07-cv-228-FtM-29SPC

LEE COUNTY, FLORIDA; BOARD OF LEE


COUNTY COMMISSIONERS; KENNETH M.
WILKINSON; LEE COUNTY PROPERTY
APPRAISER’S OFFICE; STATE OF
FLORIDA, BOARD OF [PAST & PRESENT]
TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION, AND DIVISION OF
RECREATION AND PARKS; LEE COUNTY
ATTORNEY; JACK N. PETERSON,

Defendants.
___________________________________

OPINION AND ORDER

This matter comes before the Court on the following motions:

(1) defendant Property Appraiser’s Motion to Dismiss and Close File

(Doc. #285), to which plaintiff filed a Response (Doc. #302); (2)

defendants State of Florida Board of Trustees of the Internal

Improvement Trust Fund (Trustees) and Florida Department of

Environmental Protection’s (DEP) Joint Motion to Dismiss for Lack

of Jurisdiction and for Failure to State a Cause of Action (Doc.

#291), to which plaintiff filed a Response (Doc. #316); (3)

defendant The Lee County Appraiser’s Motion to Dismiss for Lack of


Jurisdiction (Doc. #303), to which plaintiff filed a Response (Doc.

#317); and (4) defendant Board of Lee County Commissioners’ Motion

to Dismiss (Doc. #304), to which plaintiff filed a Response (Doc.

#318). Because Plaintiff is proceeding pro se, his pleadings are

held to a less stringent standard than pleadings drafted by an

attorney and will be liberally construed. Hughes v. Lott, 350 F.3d

1157, 1160 (11th Cir. 2003).

I.

On December 10, 1969, the Board of County Commissioners of Lee

County, Florida adopted the “Resolution Pertaining to Public Lands

in Cayo Costa Subdivision”, Book 569, page 875 (the Resolution).

The Resolution stated that the Second Revised Plat of the Cayo

Costa Subdivision contained certain designated lot and block areas

and other undesignated areas. The Resolution further noted that

the plat contained certain un-numbered and unlettered areas lying

East of the Easterly tier of blocks in the subdivision and lying

West of the Westerly tier of blocks in the subdivision. The

Resolution stated that Lee County claimed the lands to the east and

west of the tier of blocks as “public lands together with all

accretions thereto” and “does by this Resolution claim all of said

lands and accretions thereto for the use and benefit of the public

for public purposes.” (Doc. #288, p. 9.)

Plaintiff Jorg Busse (plaintiff or Dr. Busse) asserts he is

the current owner of Lot 15A of the Cayo Costa Subdivision and

-2-
accretions thereto. (Doc. #288, ¶¶ 1, 2.) Plaintiff describes Lot

15A as being more than approximately 2.5 acres fronting the Gulf of

Mexico with an estimated fair market value of more than $2 million.

(Id. at ¶6.) Plaintiff asserts that the Resolution violates his

property rights in Lot 15A, which includes accretions, under both

federal and state law.

Count 1 sets forth a claim under 42 U.S.C. § 1983. Plaintiff

alleges that the Resolution deprived him of his riparian rights,

private easements, accreted property and privileges secured by the

United States Constitution. Specifically, plaintiff asserts that

Lee County had no home rule powers or jurisdiction over the

undedicated Cayo Costa Subdivision, and therefore the Resolution

was unenforceable and in violation of the United States

Constitution. (Doc. #288, ¶13.) Plaintiff asserts that defendants

confiscated more than 2.5 acres of his accreted property without

compensation in violation of the Takings Clause of the Fifth

Amendment, the Due Process Clause of the Fourteenth Amendment, and

the Equal Protection Clause of the Fourteenth Amendment (Id. at

¶14.) Plaintiff asserts that defendants also illegally took more

than 200 acres of private accretions onto Cayo Costa pursuant to

the Resolution, all without compensation. (Id. at ¶15.) Further,

plaintiff asserts that “Defendant State Actors” claimed riparian

rights to Lots 38A and 41A which they denied to plaintiff, thereby

unlawfully discriminating against plaintiff because he is entitled

to equal rights as the State property owner. (Id. at ¶¶ 16, 27.)

-3-
Count 2 alleges an unconstitutional temporary taking under

color of the Resolution. Plaintiff asserts that the Resolution was

never signed, executed or acknowledged and did not meet resolution

and recording requirements, and was therefore not entitled to be

recorded and must be stricken from the public record. (Id. at

¶17.) Plaintiff further alleges that the Cayo Costa Subdivision

was outside of Lee County’s home rule powers, and therefore the

State and County had no powers to adopt resolutions or ordinances,

and therefore the Resolution is unenforceable and ineffectual and

the County capriciously grabbed private accreted land and

easements. (Id. at ¶18.) Plaintiff asserts that defendants took

his accretions onto the riparian gulf front Lot 15A without

authority, justification, due process of law, public notice,

hearing, vote count, or compensation, and that this unauthorized

unconstitutional taking injured plaintiff and destroyed his

property value. (Id. at ¶19.)

Count 3 sets forth a state law claim for trespass. Plaintiff

alleges that since the 1969 Resolution the defendants have asserted

that Lee County is the owner of the Cayo Costa accretions and have

induced and caused the public to intrude onto the private beaches

and other areas on Cayo Costa, injuring plaintiff’s property. (Id.

at ¶¶ 20-21.) Plaintiff asserts that the State cannot exercise

power within the Subdivision east of the mean high water mark of

the Gulf of Mexico and west of the mean high water mark of

Charlotte Harbor. (Id. at ¶22.)

-4-
Count 4 alleges a conspiracy to fabricate, fraud and

malfeasance. Plaintiff asserts that the Lee County Property

Appraiser claimed that the Resolution entitled Lee County to

ownership of the accreted property, but the County Appraiser has

admitted that Lee County was not empowered to adopt the Resolution.

(Id. at ¶23.) Plaintiff asserts that the Resolution on its face

did not meet recording or resolution requirements, and that the

County Appraiser had a professional duty to verify the validity of

the sham Resolution under the Uniform Standards of Professional

Appraisal Practice. (Id.) Plaintiff alleges that without evidence

of title, defendants conspired to concoct an un-plated lot, block

and park for the benefit of the State and County. (Id. at ¶24.)

Plaintiff also asserts that defendant denied agricultural

classification to his accreted lot. (Id.) Plaintiff asserts that

defendants destroyed most of his property value, deprived him of

private easements without compensation, and denied equal protection

in a land grab scheme. (Id.) Plaintiff describes the agreement as

being to assist the unconstitutional confiscation of the

accretions. (Id. at ¶25.) Plaintiff also asserts that the County

Appraiser made incompetent valuation reports which were

controverted by other comparable sales data and done in violation

of Federal Appraisal Standards, but defendant continued to slander

plaintiff’s perfect title. (Id. at ¶26.) As a result, plaintiff

received purchase offers far below market value and the County

Appraiser has committed malfeasance and abuse of position. (Id.)

-5-
Count 5 alleges a conspiracy to materially misrepresent and

defraud. Plaintiff asserts that Lee County does not hold title to

the accreted property pursuant to the Resolution, and there has

been no proceedings such as eminent domain or adverse possession.

(Id. at ¶29.) Plaintiff asserts that Lee County’s claims of

ownership of the accretions therefore violated the Fifth Amendment

Takings Clause, and therefore defendants deprived the public of tax

revenues which could have been received from the private accretions

and easements. (Id.) Plaintiff asserts that defendants conspired

to misrepresent the extent of the Army Corps of Engineers’

authority over his lagoon. (Id. at ¶32.)

Count 6 alleges oppression and slander of title by defendant

Peterson for failing to challenge the invalidity of the Resolution

despite his questions about its validity. (Id. at ¶¶ 33-35.)

The Third Amended Complaint asserts the Court has jurisdiction

based on the Civil Rights Act (42 U.S.C. § 1983), 28 U.S.C. § 1343,

Articles 3 and 4 of the United States Constitution, and Amendments

4 and 5 of the United States Constitution (Doc. #288, ¶7), the 1899

Rivers and Harbors Appropriation Act (33 U.S.C. § 403)(id. at ¶8),

the 1862 Homestead Act (id. at ¶9), the federal common law Doctrine

of Accretion and Erosion (id. at ¶10), the Federal Appraisal

Standards, Uniform Standards of Professional Appraisal Practice (12

U.S.C. §§ 3331-3351), and the Federal Declaratory Judgment Act (28

U.S.C. § 2201)(id. at ¶12).

-6-
III.

The Court will first address the federal claims, since these

claims are necessary to provide subject matter jurisdiction. Given

plaintiff’s pro se status, the Court reviews the Third Amended

Complaint liberally.

A. Takings Clause Claims:

A consistent theme which runs through several of plaintiff’s

counts is that the Resolution constitutes an unconstitutional

taking of his property rights in his subdivision Lot 15A on Cayo

Costa island.1 The legal principles are well-settled, and preclude

plaintiff’s takings claim.

Plaintiff alleges a violation of the Takings Clause of the

Fifth Amendment, which states in pertinent part “nor shall private

property be taken for public use, without just compensation.” U.S.

CONST. amend. V. The Fifth Amendment is applied to the States

through the Fourteenth Amendment. Penn Cent. Transp. Co. v. New

York City, 438 U.S. 104, 121-23 (1978). The Third Amended

Complaint may also be read to allege a conspiracy to violate the

Takings Clause.

State law defines the parameters of a plaintiff’s property

interest, and whether state law has created a property interest is

a legal question for the court to decide. Morley’s Auto Body, Inc.

1
See Lee County v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990)
for a description of Cayo Costa island and the Lee County zoning
history of the island since 1978.
-7-
v. Hunter, 70 F.3d 1209, 1212 (11th Cir. 1996). Under Florida law

a riparian or littoral owner owns to the line of the ordinary high

water mark on navigable waters, and the riparian or littoral

property rights include the vested right to receive accretions to

the property. Board of Trustees of the Internal Improvement Trust

Fund v. Sand Key Assocs., Ltd., 512 So. 2d 934, 936-37 (Fla. 1987);

Brannon v. Boldt, 958 So. 2d 367, 373 (Fla. 2d DCA 2007). These

rights constitute property, and cannot be taken or destroyed by the

government without just compensation to the owners. Sand Key

Assoc., 512 So. 2d at 936; Lee County v. Kiesel, 705 So. 2d 1013,

1015 (Fla. 2d DCA 1998). “By now it is beyond question that a

permanent physical occupation of private property by the state

constitutes a taking for which a landowner must be compensated.”

New Port Largo, Inc. v. Monroe County, 95 F.3d 1084, 1088 (11th

Cir. 1996)(citing Lucas v. South Carolina Coastal Council, 505 U.S.

1003, 1015 (1992) and Loretto v. Teleprompter Manhattan CATV Corp.,

458 U.S. 419, 434 (1982)).

Thus while plaintiff has adequately alleged a taking of his

property, “a property owner has not suffered a violation of the

Just Compensation Clause until the owner has unsuccessfully

attempted to obtain just compensation through the procedures

provided by the State for obtaining such compensation . . .”

Williamson County Regional Planning Comm’n v. Hamilton Bank, 473

U.S. 172, 195 (1972). “Williamson County boils down to the rule

that state courts always have a first shot at adjudicating a

-8-
takings dispute because a federal constitutional claim is not ripe

until the state has denied the would-be plaintiff’s compensation

for a putative taking, including by unfavorable judgment in a state

court proceeding.” Agripost, LLC v. Miami-Dade County, Fla.,

F.3d , 2008 WL 1790434 (11th Cir. 2008). Without having

pursued such available state court remedies, a plaintiff’s Takings

Clause claim is not ripe and therefore a federal district court

lacks jurisdiction to consider it. Williamson County, 473 U.S. at

195; Watson Constr. Co. v. City of Gainsville, 244 Fed. Appx. 274,

277 (11th Cir. 2007); Garbo, Inc. v. City of Key West, Fla., 162

Fed. Appx. 905 (11th Cir. 2006). It has been clear since at least

1990 that Florida law provides a remedy of an inverse or reverse

condemnation suit. Joint Ventures, Inc. v. Department of Transp.,

563 So. 2d 622, 624 (Fla. 1990); Tari v. Collier County, 56 F.3d

1533, 1537 n.12 (11th Cir. 1995); Reahard v. Lee County, 30 F.3d

1412, 1417 (11th Cir. 1994). Additionally, plaintiff could have

pursued an state action for declaratory judgment under FLA . STAT . §

86.011, a suit to quiet title, Trustees of Internal Imp. Fund of

State of Florida v. Toffel, 145 So. 2d 737 (Fla. 2d DCA 1962), or

a suit in ejectment if the matter is viewed as a boundary dispute.

Petryni v. Denton, 807 So. 2d 697, 699 (Fla. 2d DCA 2002).

The Third Amended Complaint does not allege that plaintiff

pursued any state relief. Indeed, plaintiff has never suggested

that he has taken any action in state court to quiet title or

receive damages under an inverse or reverse condemnation claim.

-9-
Since there is no showing of federal jurisdiction as to the Takings

Clause claim, the Taking Clause claims and any conspiracy to

violate the Takings Clause in any count will be dismissed without

prejudice.

B. Substantive Due Process Claim:

A liberal reading of the Third Amended Complaint might suggest

that plaintiff also frames the alleged taking of his property

rights as a substantive due process claim under the Fourteenth

Amendment. The Eleventh Circuit has held, however, that there is

no independent substantive due process taking cause of action.

Villas of Lake Jackson, Ltd. v. Leon County, 121 F.3d 610, 612-14

(11th Cir. 1997). Additionally, substantive due process protects

only fundamental rights, that is, those rights which are implicit

in the concept of ordered liberty. Such rights are created by the

Constitution, and do not include property rights. Greenbriar

Village, LLC v. Mountain Brook City, 345 F.3d 1258, 1262 (11th Cir.

2003). Merely asserting that the government’s actions were

arbitrary and irrational does not bring the matter within the

protection of the substantive due process provision. Greenbriar

Village, 345 F.3d at 1263-64. Therefore, those portions of counts

in the Third Amended Complaint which attempt to assert a

substantive due process takings claim or conspiracy will be

dismissed.

-10-
C. Procedural Due Process Claim:

Plaintiff’s counts may also attempt to state a procedural due

process claim. For example, plaintiff asserts that Lee County had

no home rule powers or jurisdiction over the undedicated Cayo Costa

subdivision (Doc. #288, ¶¶ 13, 18, 23), that the Resolution was

never signed, executed or acknowledged and did not meet resolution

and recording requirements (id. at ¶¶ 17, 23), and that the taking

was without authority, justification, due process, public notice,

hearing, vote count, or compensation (id. at ¶19).

“Procedural due process requires notice and an opportunity to

be heard before any government deprivation of a property interest.”

Zipperer v. City of Fort Myers, 41 F.3d 619, 623 (11th Cir. 1995).

Not all government actions, however, are subject to a procedural

due process claim. The County’s action in passing the Resolution

constituted a legislative act, and therefore plaintiff cannot state

a procedural due process claim. 75 Acres, LLC v. Miami-Dade

County, Fla., 338 F.3d 1288, 1294 (11th Cir. 2003). Plaintiff

asserted that the Resolution effecting the taking of more than 200

acres other than his 2.5 acres. This is sufficient to constitute

a legislative act. See, e.g., Bi-Metallic Inv. Co. v. State Bd. of

Equalization, 239 U.S. 441, 445 (1915)(noting that it is

impractical to give every one a voice when a legislative act

applies to more than a few people). Additionally, even if not a

legislative act, a procedural due process claims does not exist

-11-
merely because state mandated procedures were not followed. First

Assembly of God of Naples, Florida, Inc. v. Collier County, Fla.,

20 F.3d 419, 422 (11th Cir. 1994). In this regard, some of the

allegations in the Third Amended Complaint are contradicted by the

Resolution which is attached to it. The copy of the Resolution

attached to the Third Amended Complaint establishes that it was

signed, executed, and duly recorded in the public records, and

plaintiff will not be allowed to assert otherwise. The remaining

claimed defects are arguments concerning state law which do not

arise to a constitutional level. Finally, plaintiff fails to state

a procedural due process claim because he has failed to allege that

Florida law provided him with an inadequate post-deprivation

remedy, Tinney v. Shores, 77 F.3d 378, 382 (11th Cir. 1996), and as

discussed above it is clear that Florida does provide adequate

post-deprivation remedies. Therefore, any claim founded on

procedural due process will be dismissed.

D. Equal Protection Claim:

Plaintiff also alleges that the Resolution violated his equal

protection rights. “To properly plead an equal protection claim,

a plaintiff need only allege that through state action, similarly

situated persons have been treated disparately.” Boyd v. Peet, 249

Fed. Appx. 155, 158 (11th Cir. 2007)(citation omitted). See also

Executive 100, Inc. v. Martin County, 922 F.2d 1536, 1552 (11th

Cir. 1991). The Third Amended Complaint does not identify any

similarly situated person with whom plaintiff can be compared. The


-12-
Third Amended Complaint states that defendants have taken over 200

acres pursuant to the Resolution, far in excess of his 2.5 acres.

The only assertion of disparate treatment is for those lots owned

by government, which plaintiff alleges did not have their rights

taken. However, a private owner such as plaintiff can not be

compared to a public owner such as a government unit. Therefore,

no equal protection claim is stated, and such claims will be

dismissed without prejudice.

E. Other Bases of Federal Jurisdiction:

Having found no federal claim set forth in the Third Amended

Complaint, the Court now examines the other purported bases of

federal jurisdiction.

Article III of the Constitution sets the outer boundaries of

the federal court jurisdiction, but vests Congress with the

discretion to determine whether and to what extent that power may

be exercised by lower federal courts. Therefore, lower federal

courts are empowered to hear only cases for which there has been a

congressional grant of jurisdiction. Morrison v. Allstate

Indemnity Co., 228 F.3d 1255, 1260-61 (11th Cir. 2000). Therefore

Article III does not provide any additional basis of federal

jurisdiction. Additionally, plaintiff’s reliance on Article IV of

the Constitution is misplaced because Article IV does not address

the jurisdiction of a federal court.

Plaintiff cites 28 U.S.C. § 1343 as a basis for federal

jurisdiction. Section 1343 sets forth the jurisdiction of district

-13-
courts for certain civil rights actions, but does not itself create

a private right of action. Albra v. City of Fort Lauderdale, 232

Fed. Appx. 885, 892 (11th Cir. 2007). Since none of plaintiff’s

federal civil rights claims are properly before the court, § 1343

is not a basis for jurisdiction over the remaining state law

claims.

Plaintiff’s reliance on the 1899 Rivers and Harbors

Appropriation Act, 33 U.S.C. § 403 is misplaced. Section 403

relates to the creation of an obstruction not authorized by

Congress, and simply not relevant to any of the claims in this

case. The 1862 Homestead Act, 43 U.S.C. §§ 161-64, cannot form

basis for jurisdiction because it was repealed in 1976. Assuming

there is a federal common law Doctrine of Accretion and Erosion, it

cannot provide a jurisdictional basis in federal court. The

Federal Appraisal Standards, Uniform Standards of Professional

Appraisal Practice, 12 U.S.C. § 3331-3351, also do not create

federal jurisdiction. These standards relate to real estate

appraisals utilized in connection with federally related

transactions, 12 U.S.C. § 1331, and no such transaction was

involved in this case. Additionally, in Florida the county

property appraiser is a constitutionally created office whose

appraisals are carried out pursuant to state statute, FLA . STAT . §

193.011 as well as professional appraisal standards established by

the International Association of Assessing Officers and the

-14-
Appraisal Institute. Parrish v. Nikolits, 86 F.3d 1088, 1091 n.2

(11th Cir. 1996).

Therefore, the Court finds no other basis of federal

jurisdiction has been plead in the Third Amended Complaint.

F. Remaining State Law Claims:

The remaining possible claims in the Third Amended Complaint

are all state law claims. Read liberally, the Third Amended

Complaint may be read to allege a claim to invalidate the

Resolution for alleged state-law procedural defects, a state law

claim of trespass, a state law claim of conspiracy to misrepresent,

a state law claim of fraud, state law claims of malfeasance, a

state law claim of oppression, and a state law claim of slander of

title. Even assuming these are properly pled, pursuant to 28

U.S.C. § 1367(c)(3) the Court would exercise its discretion and

decline to exercise supplemental jurisdiction over the state

claims. Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088-89 (11th

Cir. 2004)(encouraging district courts to dismiss state claims

where all claims which provided original jurisdiction have been

dismissed.) The dismissal of the state claims will be without

prejudice. Crosby v. Paulk, 187 F.3d 1339, 1352 (11th Cir. 1999).

Having found that this Court lacks subject matter

jurisdiction, and will not retain supplemental jurisdiction, the

Court need not address the issues raised in the remaining

defendants’ motions to dismiss.

Accordingly, it is now
-15-
ORDERED:

1. Defendant Property Appraiser’s Motion to Dismiss

Plaintiff’s Third Amended Complaint (Doc. #303) is GRANTED to the

extent set forth in paragraph 5 below.

2. Defendant Property Appraiser’s Motion to Dismiss and

Close File (Doc. #285) is DENIED as moot.

3. State of Florida Department of Environmental Protection

and Division of Recreation and Parks, State of Florida, and Board

of Trustees of the Internal Improvement Trust Fund’s Joint Motion

to Dismiss for Lack of Jurisdiction and for Failure to State a

Cause of Action (Doc. #291) is GRANTED to the extent set forth in

paragraph 5 below.

4. Defendants Lee County, Florida, Board of Lee County

Commissioners, Lee County Attorney, Jack N. Peterson’s Motion to

Dismiss (Doc. #304) is GRANTED to the extent set forth in paragraph

5 below.

5. The Third Amended Complaint is dismissed without

prejudice as to all defendants and all claims. The Clerk shall

enter judgment accordingly, terminate all pending motions as moot,

and close the case.

DONE AND ORDERED at Fort Myers, Florida, this 5th day of

May, 2008.

Copies: Parties of record

-16-
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APPEAL

U.S. District Court


Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:07-cv-00228-JES-SPC

Busse v. Lee County, Florida et al Date Filed: 04/10/2007


Assigned to: Judge John E. Steele Date Terminated: 05/06/2008
Referred to: Magistrate Judge Sheri Polster Chappell Jury Demand: Plaintiff
Case in other court: 08-13170B Nature of Suit: 440 Civil Rights: Other
09-12372-B Jurisdiction: Federal Question
09-13517F
09-13519F
09-13522F
09-14281F
09-14282F
09-14284F
09-14285F
09-16211F
09-16212F
09-16213F
09-16214F
09-16335F
Cause: 28:1331 Fed. Question: Civil Rights Violation

Plaintiff
Jorg Busse represented by Jorg Busse
P.O. Box 1126
Naples, Fl 34106-1126
239/595-7074
PRO SE

Plaintiff
Kenneth M. Roesch, Jr. represented by Kelly Lina Rooth
TERMINATED: 09/21/2007 Rooth Law Group, PA
Suite 322
4399 35th St N
St Petersbsurg, FL 33714
727/824-6212
Fax: 727/822-8048
Email: krooth@roothlawgroup.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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Plaintiff
Anita M. Roesch represented by Kelly Lina Rooth
TERMINATED: 09/21/2007 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Troy Parnell represented by William Alfred Keyes , Jr.
TERMINATED: 09/21/2007 Stewart & Keyes, PL
2125 First St - Ste 101
PO Drawer 790
Ft Myers, FL 33902
239/334-7477
Fax: 239/334-7941
Email: stewartkeyespl@comcast.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Lee County, Florida represented by Jack Neil Peterson
Lee County Attorney's Office
2115 Second St
PO Box 398
Ft Myers, FL 33902
239/335-2236
Fax: 239/335-2118
Email: peterj@leegov.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Board of Lee County Commissioners represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
The Lee County Property Appraiser represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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Sherri L. Johnson
Dent & Johnson, Chartered
3415 Magic Oak Lane
Sarasota, FL 34232
941/952-1070
Email: sjohnson@dentjohnson.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
State of Florida, Board of Trustees of represented by Harold George Vielhauer
the Internal Improvement Trust Fund Florida Department of Environmental
past & present Protection
MS 35
3900 Commonwealth Blvd
Tallahassee, FL 32399-3000
850/245-2242
Fax: 850/245-2296
Email: Harold.Vielhauer@dep.state.fl.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Linda Kathryn Funchess


Florida Department of Environmental
Protection
MS 35
3900 Commonwealth Blvd
Tallahassee, FL 32399-3000
850/245-2242
Fax: 850/245-2296
Email: kathy.funchess@dep.state.fl.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Reagan Kathleen Russell


Florida Department of Environmental
Protection*
MS 35
3900 Commonwealth Blvd
Tallahassee, FL 32399-3000
Email: reagan.russell@dep.state.fl.us
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

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Kenneth M. Wilkinson represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sherri L. Johnson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Lee County Attorney represented by Jack Neil Peterson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
State of Florida Department of represented by Harold George Vielhauer
Environmental Protection, and Division (See above for address)
of Recreation and Parks LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Linda Kathryn Funchess


(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Reagan Kathleen Russell


(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Jack N. Peterson

Date Filed # Docket Text


04/10/2007 1 COMPLAINT against Lee County, Florida, Board of Lee County Commissioners, The
Lee County Property Appraiser, State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection ;
jury demand (Filing fee $ 350 receipt number F009276) filed by Jorg Busse.(js)
(Entered: 04/12/2007)
04/10/2007 Summons issued as to Lee County, Florida, Board of Lee County Commissioners, The
Lee County Property Appraiser, State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection. (js)

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(Entered: 04/12/2007)
04/12/2007 2 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by
All Divisional Judges on 3/27/07. (js) (Entered: 04/12/2007)
04/17/2007 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 -
track 2. Notice of pendency of other actions due by 4/30/2007. Signed by Judge All
Divisional Judges on 4/17/2007. (LAG, ) (Entered: 04/17/2007)
04/17/2007 4 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate
disclosure statement due by 4/30/2007. Signed by Judge All Divisional Judges on
4/17/2007. (LAG, ) (Entered: 04/17/2007)
05/01/2007 5 MOTION to dismiss Complaint or Motion for Summary Judgment or Moition for
More Defeinite Statement by Lee County, Florida. (Attachments: # 1 Exhibit A &
B)(Peterson, Jack) (Entered: 05/01/2007)
05/02/2007 6 SUMMARY JUDGMENT NOTICE re 5 MOTION to dismiss Complaint or Motion
for Summary Judgment or Moition for More Defeinite Statement. (js) (Entered:
05/02/2007)
05/02/2007 7 CERTIFICATE of interested persons and corporate disclosure statement re 4
Interested persons order by Lee County, Florida. (Peterson, Jack) (Entered:
05/02/2007)
05/03/2007 8 MOTION for extension of time to file answer or otherwise plead re 1 Complaint, by
The Lee County Property Appraiser. (Johnson, Sherri) Motions referred to Magistrate
Judge Sheri Polster Chappell. (Entered: 05/03/2007)
05/03/2007 9 CERTIFICATE of interested persons and corporate disclosure statement re 4
Interested persons order by The Lee County Property Appraiser. (Johnson, Sherri)
(Entered: 05/03/2007)
05/04/2007 10 ORDER granting 8 the Defendant Property Appraiser's Motion for Extension of Time to
Respond to Complaint. The Defendant shall have up to and including MAY 10, 2007 to
answer or otherwise plead to the Plaintiff's Complaint. Signed by Judge Sheri Polster
Chappell on 5/4/2007. (lmh, ) (Entered: 05/04/2007)
05/08/2007 11 PLAINTIFF'S RESPONSE to Defendant Lee County: Quiet Title Action filed by Jorg
Busse. (js) (Entered: 05/10/2007)
05/10/2007 12 MOTION to Dismiss for Lack of Jurisdiction by The Lee County Property Appraiser.
(Johnson, Sherri) (Entered: 05/10/2007)
05/14/2007 13 Joint MOTION to Dismiss for Lack of Jurisdiction by State of Florida Board of
Trustees of the Internal Improvement Trust Fund, State of Florida Department of
Environmental Protection. (Funchess, Linda) (Entered: 05/14/2007)
05/14/2007 14 PLAINTIFF'S RESPONSE to Defendant Lee County's Motion to dismiss Defendant
Board of Lee County Commissioners, MOTION Injunctive Relief, MOTION for
sanctions against Defendant Lee County's Assistant Attorney, Jack N. Peterson, for

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misrepresentation by Jorg Busse. (js) (Entered: 05/15/2007)
05/15/2007 17 NOTICE of filing Additional Evidentiary Materials following Defendant Lee County's
substantially incomplete motion for summary judgment by Jorg Busse (Attachments: # 1
# 2)(js) (Entered: 05/16/2007)
05/15/2007 18 RESPONSE to motion re 5 MOTION to dismiss Complaint or Motion for Summary
Judgment or Moition for More Defeinite Statement filed by Jorg Busse.
(Attachments: # Exhibit(1))(js) (Entered: 05/16/2007)
05/16/2007 15 CERTIFICATE of interested persons and corporate disclosure statement re 4
Interested persons order by State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection.
(Funchess, Linda) (Entered: 05/16/2007)
05/16/2007 16 NOTICE of pendency of related cases re 3 order of compliance to Local Rule by State
of Florida Board of Trustees of the Internal Improvement Trust Fund, State of Florida
Department of Environmental Protection Related case(s): yes (Funchess, Linda)
(Entered: 05/16/2007)
05/16/2007 19 MOTION for Time Granted (14 Days), or in the alternative extension of time to
Respond to 5 MOTION to dismiss Complaint or Motion for Summary Judgment or
Moition for More Defeinite Statement by Jorg Busse. (Attachments: # 1 Exhibit A)(js)
(Entered: 05/16/2007)
05/18/2007 20 ORDER granting 19 the Plaintiff's Motion for Time Granted (14 Days), or in the
Alternative Extension of Time, to Respond to "Defendant Lee County's Motion to
Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted; or In the
Alternative, A Motion for Summary Judgment; or in the Alternative, Motion for More
Definite Statement". The Plaintiff shall have up to and including MAY 23, 2007, to
submit a responsive pleading. Signed by Judge Sheri Polster Chappell on 5/17/2007.
(lmh, ) (Entered: 05/18/2007)
05/22/2007 21 MEMORANDUM of law in support; Plaintiff's Answer Brief; Response to Defendants'
Motions and Opposing evidentiary materials filed by Jorg Busse. (Attachments: # 1
Appendix)(js) (Entered: 05/23/2007)
05/23/2007 22 MOTION for the full time granted by this court (14 days), or in the alternative extension
of time to respond to 12 MOTION to Dismiss for Lack of Jurisdiction,MOTION for
discovery, MOTION for receipt of a login and password for electronic court filing by
Jorg Busse. (js) Motions referred to Magistrate Judge Sheri Polster Chappell. Modified
on 5/24/2007 to edit docket text (js). (Entered: 05/24/2007)
05/23/2007 23 MEMORANDUM of law in support; Plaintiff's Answer Brief; Response to Defendants'
Motions and Opposing evidentiary materials filed by Jorg Busse (Attachments: # 1
Appendix)(js) (Entered: 05/24/2007)
05/25/2007 24 MEMORANDUM of Law pertaining to "common law civil fraud" ("sounding in"
negligence), MOTION to compel defendants to produce satisfactory evidence of their
alleged ownership of 'all cayo costa accreted lands' by Jorg Busse. (Attachments: # 1
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Exhibit # 2 Exhibit)(js) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 05/29/2007)
05/29/2007 25 AMENDED COMPLAINT to include additional counts of criminal and common law
civil fraud charges against all defendants, aiding and abetting, and conspiracy; Plaintiff's
response to defendant property appraiser's motion to dismiss; opposing evidentiary
materials; Federal whistleblower action against Lee County, Florida, Board of Lee
County Commissioners, The Lee County Property Appraiser, State of Florida Board of
Trustees of the Internal Improvement Trust Fund, State of Florida Department of
Environmental Protection filed by Jorg Busse. Related document: 1 Complaint, filed by
Jorg Busse. (Attachments: # 1 amended complaint pt.2# 2 Exhibit H# 3 Exhibit I# 4
Exhibit)(js) (Entered: 05/31/2007)
06/01/2007 26 RESPONSE in opposition re 22 MOTION for discovery MOTION for Extension of
Time to File Response/Reply as to 12 MOTION to Dismiss for Lack of Jurisdiction
MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss
for Lack of Jurisdiction MOTION for recipt of a login and password for electronic filing
filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered: 06/01/2007)
06/04/2007 31 EXHIBITS/ CRIMINAL COMPLAINT (Attachments: #(1)Exhibit P #(2)Exhibit Q
#(3)Exhibit X #(4)Exhibit Y #(5) Exhibit Z) (js) (Entered: 06/06/2007)
06/05/2007 27 ORDER denying 24 the Plaintiff Jorg Busses Motion to Compel Defendants to Produce
Satisfactory Evidence of Their Alleged Ownership of All Cayo Costa Accreted Lands.
Signed by Judge Sheri Polster Chappell on 6/5/2007. (lmh, ) (Entered: 06/05/2007)
06/05/2007 32 MOTION for leave of Court to seek legal representation and leave of absence for
health reasons by Jorg Busse.(js) (Entered: 06/06/2007)
06/05/2007 33 MOTION for Defendants' Admission with leave of this Court by Jorg Busse.
(Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 06/06/2007)
06/06/2007 28 MOTION to strike Plaintiff's Request for Admissions by Board of Lee County
Commissioners. (Peterson, Jack) (Entered: 06/06/2007)
06/06/2007 29 MOTION for protective order by Board of Lee County Commissioners. (Attachments:
# 1)(Peterson, Jack) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 06/06/2007)
06/06/2007 30 NOTICE by Board of Lee County Commissioners re 29 MOTION for protective
order of Certification (Peterson, Jack) (Entered: 06/06/2007)
06/06/2007 34 ORDER granting in part and denying in part 22 the Plaintiff Jorg Busse's Motion for the
Full Time Granted by This Court (14 Days), or in the Alternative Extension of Time to
Respond to Defendant Property Appraiser's Motion to Dismiss and Memorandum of
Law, and the Plaintiff's Motion for Discovery, and the Plaintiff's Motion for Receipt of a
Login and Password for Electronic Court Filing is GRANTED in part DENIED in part.
SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster Chappell on 6/6/2007.
(lmh, ) (Entered: 06/06/2007)
06/07/2007 35 ORDER granting 29 the Defendant Lee Countys Motion for a Protective Order. The
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Plaintiff Jorg Busse is directed to cease all communications with members of the Lee
County Board of Commissioners regarding this case whether the contact is made
personally or through an intermediary. All contact should be made with the Boards
attorney. Signed by Judge Sheri Polster Chappell on 6/7/2007. (lmh, ) (Entered:
06/07/2007)
06/08/2007 36 MOTION to Dismiss for Lack of Jurisdiction Amended Complaint by The Lee County
Property Appraiser. (Johnson, Sherri) (Entered: 06/08/2007)
06/08/2007 37 NOTICE of Unavailability for health reasons by Jorg Busse. (js) Modified on 6/14/2007
to edit docket text pursuant to order Doc. 39 (js). (Entered: 06/11/2007)
06/08/2007 38 PLAINTIFF'S REQUEST for Defendants' Admission with Leave of this Court by Jorg
Busse. (js) Modified on 6/11/07 to add exhibit 1 and exhibit 2 to docket
entry;Additional attachment(s) added on 6/11/2007. (js). (Entered: 06/11/2007)
06/13/2007 39 ORDER directing the Clerk of the Court to amend the docket entry to reflect the
Request for Leave of Court to Seek Legal Representation and Leave of Absence for
Health Reasons is a Notice of Unavailability and not a motion. The Plaintiff Jorg Busse's
Request for Leave of Court to Seek Legal Representation and Leave of Absence for
Health Reasons 37 will be construed by the Court as a Notice of Unavailability until July
4, 2007. Signed by Judge Sheri Polster Chappell on 6/12/2007. (lmh, ) (Entered:
06/13/2007)
06/13/2007 40 ORDER denying as premature 38 the Plaintiff Jorg Busse's Request for Defendant's
Admission with Leave of this Court construed as a Motion to Compel Admissions.
Signed by Judge Sheri Polster Chappell on 6/12/2007. (lmh, ) (Entered: 06/13/2007)
06/13/2007 41 MOTION for more definite statement and Memorandum of Law in Support by Board
of Lee County Commissioners. (Peterson, Jack) (Entered: 06/13/2007)
06/28/2007 42 ORDER denying 32 the Plaintiff Jorg Busse's Motion for Request for Leave of Court to
Seek Legal Representation and Leave of Absence for Health Reasons. Signed by Judge
Sheri Polster Chappell on 6/28/2007. (lmh, ) (Entered: 06/28/2007)
06/28/2007 43 ORDER denying 33 the Plaintiff Jorg Busse's Request for Defendant's Admission with
Leave of This Court. Signed by Judge Sheri Polster Chappell on 6/28/2007. (lmh, )
(Entered: 06/28/2007)
07/02/2007 44 PLAINTIFF'S NOTICE of Legal Representation by Brigham Moore, LLP by Jorg
Busse. (Attachments: # 1)(js) (Entered: 07/03/2007)
07/06/2007 45 PlAINTIFF'S NOTICE and submission of further controverting evidence in Defendants'
own files; Defendant Lee County's own December 29, 2000 memorandum as
referenced in Lay vs. Department of Environmental Protection by Jorg Busse.
(Attachments: # 1)(js) (Entered: 07/06/2007)
07/09/2007 46 RESPONSE, part 1, re 12 Defendant Property Appraisers' MOTION to Dismiss
Amended Complaint and Memorandum of law filed by Jorg Busse. (Attachments: # 1
Exhibit F7# 2 Exhibit F8# 3 Exhibit F9# 4 Exhibit F10# 5 Exhibit F10-F# 6 Exhibit

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F10-G# 7 Exhibit F11# 8 Exhibit F-12# 9 Exhibit F13# 10 Exhibit F13B# 11 Exhibit
F13-C# 12 Exhibit)(js) (Entered: 07/12/2007)
07/09/2007 47 PLAINTIFF'S EXHIBITS FED, AER, AFF, CM, LEG and further controverting
evidence. (Attachments: #(1) Exhibit FED #(2)Exhibit AER #(3)Exhibit AFF
#(4)Exhibit CM pt.1 #(5)Exhibit CM pt. 2 #(6) Exhibit LEG) (js) (Entered:
07/12/2007)
07/09/2007 48 SECOND NOTICE and submission of further controverting evidence in defendants'
own files by Jorg Busse (Attachments: # 1 Exhibit F1 #(2)Exhibit F2 #(3) Exhibit F3
#(4)Exhibit F-4- F-6)(js) (Entered: 07/12/2007)
07/10/2007 49 PLAINTIFF'S RESPONSE, Part1, to Defendants, "Lee County, Florida, and its board
of Lee County Commissioners" Motion for more definite statement as to Plaintiff's
"Amended Complaint" and memorandum of law in support, MOTION for summary
judgment pertaining to Plaintiff's quiet title action; or in the alternative, motion for
memorandum of law, MOTION for injunctive relief enjoining defendants from trespass,
slandering plaintiff's title and publishing false and misleading property data, and Plaintiff's
MOTION for injunctive relief enjoining defendants from operating a state park in the
private cayo costa subdivision by Jorg Busse. (Attachments: # 1 Exhibit "Pat"# 2 Exhibit
"No Ded"# 3 Errata "Map"# 4 Exhibit "Mem"# 5)(js, ) (Entered: 07/16/2007)
07/10/2007 50 PLAINTIFF'S EXHIBITS 1-12, Clear Evidence of Federal subject matter jurisdiction,
Plaintiff's Motion for Summary Judgment Controverting Recors, including Supreme
Court opinion, Docket "68, 399 ["Federal Law Controls.."] (Attachments: # 1 Exhibit
1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8
Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12) (js) (Entered:
07/16/2007)
07/17/2007 51 ORDER denying 28 the Defendant Lee County's Motion to Strike. Signed by Judge
Sheri Polster Chappell on 7/17/2007. (lmh, ) (Entered: 07/17/2007)
07/17/2007 55 MEMORANDUM of law in support re 49 Plaintiff's Motion for summary judgment filed
by Jorg Busse. (js) (Entered: 07/19/2007)
07/18/2007 52 ORDER directing the Plaintiff Shall Show Cause in writing why the Firm of Brigham
Moore, LLP. has not filed a Notice of Appearance with the Court by Friday, July 27,
2007 and or notify the Court as to how he will proceed. Signed by Judge Sheri Polster
Chappell on 7/18/2007. (lmh, ) (Entered: 07/18/2007)
07/18/2007 53 ORDER TO SHOW CAUSE. The Parties have up to and including July 31, 2007, to
SHOW CAUSE in writing why no Case Management Report has been filed with the
Court or in the Alternative the Parties may meet and file a Case Management Report
within the given time frame. Signed by Judge Sheri Polster Chappell on 7/18/2007. (lmh,
) (Entered: 07/18/2007)
07/19/2007 54 RESPONSE in opposition re 49 MOTION for summary judgment MOTION injunctive
relief enjoining defendants from trespass, slandering plaintiff's title and publishing false
and misleading property data filed by The Lee County Property Appraiser. (Johnson,
Sherri) (Entered: 07/19/2007)
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07/24/2007 56 MOTION to Appear Telephonically by State of Florida Board of Trustees of the


Internal Improvement Trust Fund, State of Florida Department of Environmental
Protection. (Funchess, Linda) Motions referred to Magistrate Judge Sheri Polster
Chappell. (Entered: 07/24/2007)
07/25/2007 57 NOTICE of Appearance by Reagan Kathleen Russell on behalf of State of Florida
Board of Trustees of the Internal Improvement Trust Fund, State of Florida Department
of Environmental Protection (Russell, Reagan) (Entered: 07/25/2007)
07/25/2007 58 ORDER granting 56 the Defendants' Board of Trustees and Department of
Environmental Protection, Request for Leave of Court to Appear By Telephone. Signed
by Judge Sheri Polster Chappell on 7/25/2007. (lmh, ) (Entered: 07/25/2007)
07/25/2007 59 PLAINTIFF'S MOTION for meeting at the United States Courthouse and Federal
Buildiing in Fort Myers at the earliest convenience. Plaintiff's Notice of apparent lack of
compliance with this honorable court's order pertaining to case management meeting and
report by Jorg Busse. (js) (Entered: 07/25/2007)
07/25/2007 60 NOTICE of availability on Thursday, July 26, 2007, at noon or anytime after 12:00 p.m.
at the Federal Courthouse in Fort Myers by Jorg Busse. (js) (Entered: 07/25/2007)
07/26/2007 61 PLAINTIFF'S MOTION to add Defendant's lawyers as parties to this suit by Jorg
Busse. (Attachments: # 1)(js) (Entered: 07/26/2007)
07/26/2007 62 NOTICE of filing "Order to Show Cause" by Jorg Busse. (js) (Entered: 07/26/2007)
07/26/2007 63 PLAINTIFF'S COURT NOTIFICATION 'As to how he will proceed' in response re
52 Order by Jorg Busse. (js) (Entered: 07/26/2007)
07/26/2007 64 CASE MANAGEMENT REPORT filed by Jorg Busse. (js) (Entered: 07/26/2007)
07/30/2007 65 EMERGENCY MOTION for criminal prosecution of defendants and defendants'
lawyers by Jorg Busse. (slu) Modified on 7/30/2007 (slu). (Entered: 07/30/2007)
07/30/2007 66 MOTION for payment of necessary fees and expenses by Jorg Busse. (slu) (Entered:
07/30/2007)
07/30/2007 67 REPLY to response to motion re 49 MOTION for summary judgment MOTION
injunctive relief enjoining defendants from trespass, slandering plaintiff's title and
publishing false and misleading property data. SUPPLEMENTAL memorandum in
support of plaintiff's motion for summary judgment filed by Jorg Busse. (Attachments: #
1 Exhibit)(slu) (Entered: 07/30/2007)
07/31/2007 68 PLAINTIFF'S MOTION for Emergency Hearing on the issue of Defendants' 1969
Bogus Resolution and Defendants' Liability before United States Judge John E. Steele
and United States Magistrate Judge Sheri Polster Chappell by Jorg Busse.
(Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 07/31/2007)
07/31/2007 69 RESPONSE TO ORDER TO SHOW CAUSE re 53 filed by The Lee County
Property Appraiser. (Johnson, Sherri) (Entered: 07/31/2007)

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07/31/2007 70 PLAINTIFF'S Third Supplemental Memorandum in support of Plaintiff's Motion for
Summary Judgment on the issue of Defendant's Liability; MOTION for Rule 11
sanctions against Defendant State of Florida [EFF in 21D], MOTION to restrain
defendants, in particular, from the use of deadly weapons in the private cayo costa
subdivision, and if necessary, through United States law enforcement by Jorg Busse. (js)
(Entered: 07/31/2007)
07/31/2007 71 RESPONSE TO ORDER TO SHOW CAUSE re 53 filed by State of Florida Board of
Trustees of the Internal Improvement Trust Fund, State of Florida Department of
Environmental Protection. (Russell, Reagan) (Entered: 07/31/2007)
07/31/2007 73 PLAINTIFF'S Response to Defendant Property Appraiser's criminal threats and
'motion for rule 11 sanctions'; Plaintiff's Second Supplemental Memorandum in support
of Plaintiff's Motion for Summary Judgment; MOTION to restrain defendants from any
and all further threats against any and all members of the class of cayo costa property
owners, MOTION for Rule 11 sanctions against defendants by Jorg Busse.
(Attachments: # 1 Exhibit (Photos) filed separately # 2 Exhibit CAL)(js, ) (Entered:
08/01/2007)
08/01/2007 72 ORDER directing Harold George Vielhauer to comply with the administrative
procedures regarding electronic filing. Signed by Judge Sheri Polster Chappell on
8/1/2007. (kma) (Entered: 08/01/2007)
08/01/2007 74 MOTION to strike 67 Reply to response to motion, by The Lee County Property
Appraiser. (Johnson, Sherri) (Entered: 08/01/2007)
08/01/2007 75 RESPONSE to motion re 68 MOTION for Hearing filed by Lee County, Florida.
(Peterson, Jack) (Entered: 08/01/2007)
08/01/2007 76 RESPONSE in opposition re 70 MOTION for sanctions MOTION to restrain
defendants, in particular, from the use of deadly weapons in the private cayo costa
subdivision, and if necessary, through United States law enforcement filed by State of
Florida Board of Trustees of the Internal Improvement Trust Fund, State of Florida
Department of Environmental Protection. (Russell, Reagan) (Entered: 08/01/2007)
08/01/2007 77 MOTION to strike 65 MOTION criminal prosecution of defendants and defendants'
lawyers, 59 MOTION for meeting at the United States Courthouse and Federal
Buildiing in Fort Myers at the earliest convenience, 62 Notice (Other), 61 MOTION to
add Defendant's lawyers as parties to this suit, 63 Notice (Other), 73 MOTION to
restrain defendants from any and all further threats against any and all members of the
class of cayo costa property owners MOTION for sanctions, 70 MOTION for
sanctions MOTION to restrain defendants, in particular, from the use of deadly
weapons in the private cayo costa subdivision, and if necessary, through United States
law enforcement, 68 MOTION for Hearing, 67 Reply to response to motion, 66
MOTION payment of necessary fees and expenses by State of Florida Board of
Trustees of the Internal Improvement Trust Fund, State of Florida Department of
Environmental Protection. (Russell, Reagan) (Entered: 08/01/2007)
08/02/2007 78 RESPONSE to motion re 68 MOTION for Hearing On Issue of 1969 Bogus
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Resolution, etc. filed by Lee County, Florida. (Peterson, Jack) (Entered: 08/02/2007)
08/02/2007 79 NOTICE by State of Florida Board of Trustees of the Internal Improvement Trust
Fund, State of Florida Department of Environmental Protection re 72 Order to comply
with electronic filing of Registration for CM/ECF (Vielhauer, Harold) (Entered:
08/02/2007)
08/02/2007 80 RESPONSE re 53 Order to show cause, Regarding Case Management Report filed
by Lee County, Florida. (Peterson, Jack) (Entered: 08/02/2007)
08/02/2007 81 FEDERAL Trial Exhibits & Plaintiff's Disclosures, Plaintiff's MOTION for summary
judgment on the issue of Defendant's liability in favor of Plaintiff and Class; Federal
Subject Matter Jurisdiction; Criminal Fraud; United States Supreme Court Cases by
Jorg Busse. (Attachments: #(1)Exhibit St. Clair em #(2)Exhibit St. Ceair #(3)Exhibit res
#(4) Exhibit Jefferis em #(5) Exhibit Jefferis #(6) Exhibit Banks em #(7) Exhibit
Banks)(js, ) (Entered: 08/06/2007)
08/02/2007 82 PLAINTIFF'S Notification of Defendants' admissions & failure to deny under Rule 8,
Fed. Rules Civ. Proc.; Plaintiff's fifth supplemental MEMORANDUM of law in support
re 81 Motion for summary judgment; Plaintiff's notification that the 1969 Resolution
violates United States law & The Constitution filed by Jorg Busse. (Attachments: #(1)
Exhibit Troy #(2)Exhibit Admission R8 #(3) Exhibit wild)(js) (Entered: 08/06/2007)
08/02/2007 83 PLAINTIFF'S CERTIFICATE of interested persons and corporate disclosure
statement by Jorg Busse. (js) (Entered: 08/06/2007)
08/06/2007 84 MOTION for sanctions for Plaintiff's Violation of Protective Order by Lee County,
Florida. (Attachments: # 1 Exhibit A through C)(Peterson, Jack) (Entered: 08/06/2007)
08/06/2007 85 RESPONSE in opposition re 61 MOTION to add Defendant's lawyers as parties to
this suit filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:
08/06/2007)
08/06/2007 86 RESPONSE in opposition re 66 MOTION payment of necessary fees and expenses
filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered: 08/06/2007)
08/06/2007 88 PLAINTIFF'S NOTICE of victims' and interested persons' exclusion from 07/26/2007
Case Management Report [CMR] meeting. Plaintiff's Notice of Class pursuant to rule
23, Fed. Rules Civ. Proc. Plaintiff's memorandum of law in support of action by plaintiff,
class, and victims against defendants under the Hobbs Act & 'Rico' by Jorg Busse
(Attachments: # 1 # 2 Exhibit fraud 1969)(js) (Entered: 08/08/2007)
08/06/2007 89 EXHIBIT By Class: 1999 Notification of "Robbery" [By Troy Parnell, Member of the
Class; Dated January 29, 1999.] (Attachments: # 1 ) (js) (Entered: 08/08/2007)
08/06/2007 90 PLAINTIFF'S RESPONSE re 69 Response to order to show cause filed by Jorg
Busse. (Attachments: # 1 # 2 Exhibit # 3 Exhibit)(js) (Entered: 08/08/2007)
08/06/2007 91 PLAINTIFF'S INTERROGATORIES propounded upon defendant State of Florida,
Defendant Lee County, Defendant Lee County Property Appraiser, and Defendant
Board of Lee County Commissioners; Part 1 filed by Jorg Busse. (Attachments: # 1)
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(js) (Entered: 08/08/2007)
08/07/2007 87 ORDER denying as moot 36 Motion to Dismiss for Lack of Jurisdiction; denying as
moot 41 Motion for more definite statement; denying 49 Motion for summary judgment;
denying 49 Motion for injunctive relief; denying as moot 59 Motion for meeting; denying
as moot 61 Motion to add defendant's lawyers as parties because the Amended
Complaint has been dismissed and plaintiff has been granted leave to file a Second
Amended Complaint; denying 65 Motion for criminal prosecution; denying 66 Motion
for payment of necessary fees and expenses; denying as moot 68 Motion for Hearing;
denying 70 Motion for sanctions; denying 70 Motion to restrain defendant defendants;
denying 73 Motion to restrain defendants; denying 73 Motion for sanctions; denying as
moot 5 Motion to dismiss; denying as moot 12 Motion to Dismiss for Lack of
Jurisdiction; denying as moot 13 Motion to Dismiss for Lack of Jurisdiction; denying 14
Motion for injunctive relief; denying 14 Motion for sanctions. Plaintiff may file a Second
Amended Complaint within 20 days in compliance with the instructions in the Order.
See Order for details. Signed by Judge John E. Steele on 8/7/2007. (RKM) (Entered:
08/07/2007)
08/07/2007 92 PLAINTIFF'S Court notification of "Presence of Multiple Parties", "Class action" and
common "Factual or legal issues" pursuant to Local Rule 3.05 Case Management;
PLAINTIFF'S and Class' MOTION to clarify track number/status of this case[I.E. two
or three];, MOTION to sanction a "John Turner" who represented defendant Lee
County & defendant Board of Lee County Commissioners without a notice of
appearance, and lack of clear identity and evidence of his admission to this court by Jorg
Busse. (Attachments: # 1)(js, ) (Entered: 08/08/2007)
08/07/2007 93 PLAINTIFF'S and/or Class' MOTION for disciplinary action against defendant state's
lawyer Reagan K. Russell by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)
08/07/2007 94 PLAINTIFF'S and/or Class' MOTION to appoint a grievance committee pursuant to
Local rule 2.04(e) by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)
08/07/2007 95 PLAINTIFF'S and/or class' MOTION seeking leave of court to provide copies of any
and all records due to grievance(s) pursuant to Rule 2.04 discipline. Plaintiff's
interrogatories propounded upon defendant State of Florida, defendant Lee County,
defendant Lee County Property Appraiser, and defendant Board of Lee JCounty
Commissioners Part 1 by Jorg Busse. (Attachments: # 1)(js) (Entered: 08/08/2007)
08/07/2007 96 PLAINTIFF'S INTERROGATORIES propounded upon defendant State of Florida,
defendant Lee County, defendant Lee County Property Appraiser, and defendant
Board of Lee County Commissioners; Part 1 (Attachments: # 1) (js) (Entered:
08/08/2007)
08/09/2007 97 MOTION for sanctions Pursuant to Rule 11 by The Lee County Property Appraiser.
(Johnson, Sherri) Modified on 11/14/2007 (LKS). Modified on 11/14/2007 (LKS).
(Entered: 08/09/2007)
08/10/2007 98 ORDER denying as moot 74 Defendant Lee County Property Appraiser's Motion to
strike; denying as moot 77 Defendants' Motion to strike; denying as moot 81 Plaintiff's
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Motion for summary judgment. Signed by Judge John E. Steele on 8/10/2007. (AFR)
(Entered: 08/10/2007)
08/16/2007 99 ORDER denying 92 the Plaintiff Jorg Busse's Motion to Clarify Track Number as a
Track 2 or Track 3, and Motion to Sanction "John Turner" who Represented the
Defendant Lee County & Defendant Board of Lee County Commissioners Without
Notice of Appearance. Signed by Judge Sheri Polster Chappell on 8/16/2007. (lmh, )
(Entered: 08/16/2007)
08/21/2007 100 ORDER denying 93 the Plaintiff Jorg Busse's Motion for Disciplinary Action Against
Defendant States Lawyer Reagan K. Russell Pursuant to Local Rule 2.04; denying the
Plaintiff Jorg Busse's Motion to Appoint a Grievance Committee Pursuant to Local Rule
2.04(e) 94 ; denying the Plaintiff Jorg Busse's Motion Seeking Leave of Court to
Provide Copies of Any and All Records Due to Grievance(s) Pursuant to Rule 2.04
Discipline 95 . Signed by Judge Sheri Polster Chappell on 8/21/2007. (lmh, ) (Entered:
08/21/2007)
08/22/2007 101 MOTION for protective order by State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection.
(Russell, Reagan) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 08/22/2007)
08/24/2007 102 SECOND AMENDED COMPLAINT against Kenneth M. Wilkinson, Lee County
Attorney, Lee County, Florida, Board of Lee County Commissioners, The Lee County
Property Appraiser, State of Florida Board of Trustees of the Internal Improvement
Trust Fund, State of Florida Department of Environmental Protection filed by Jorg
Busse, Kenneth M. Roesch, Jr., Anita M. Roesch, and Troy Parnell. Jury demand.
Related document: 25 Amended complaint, filed by Jorg Busse. (Attachments: #
1complaint part 2 #(2)complaint part 3 #(3)complaint part4 #(4)complaint part 5)(js)
Modified on 8/27/2007 to edit text to reflect jury demand(js). (Entered: 08/27/2007)
08/27/2007 Summons issued as to Lee County Attorney. (js) (Entered: 08/27/2007)
08/27/2007 103 PLAINTIFFS' MOTION for summary judgment on the issue of defendants' liability in
Plaintiffs' "Inverse Condemnation" action by Jorg Busse, Kenneth M. Roesch, Jr, Anita
M. Roesch, Troy Parnell. (Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered:
08/28/2007)
08/27/2007 104 PLAINTIFFS' EXHIBITS in "Factual Support" of Plaintiffs' Motion for Summary
Judgment on the issue of defendants' Liability in Plaintiffs' "Inverse Condemnation" action
against all defendants re Doc. 103 . (js) (Entered: 08/28/2007)
08/28/2007 105 PLAINTIFFS' MEMORANDUM in "factual support" re 103 Motion for summary
judgment on the issue of Defendants' liability in Plaintiffs' "Inverse Condemnation" action
against all defendants filed by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch,
Troy Parnell. (Attachments: # 1 Exhibit # 2 Exhibit)(js) (Entered: 08/28/2007)
08/30/2007 106 MOTION to Dismiss for Lack of Jurisdiction by State of Florida Board of Trustees of
the Internal Improvement Trust Fund, State of Florida Department of Environmental
Protection. (Russell, Reagan) (Entered: 08/30/2007)
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08/30/2007 108 PLAINTIFF'S MOTION for summary judgment on the issue of defendant's liability
under 42 U.S.C 1983 and Constitutional Article IV [II (2). Count of deprivations of civil
rights] by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js)
(Entered: 09/04/2007)
08/31/2007 107 SUMMARY JUDGMENT NOTICE re 103 MOTION for summary judgment (js)
(Entered: 08/31/2007)
09/04/2007 109 NOTICE by The Lee County Property Appraiser re 91 Remark, 96 Remark of
Service of Objection to Interrogatories (Johnson, Sherri) (Entered: 09/04/2007)
09/04/2007 114 PLAINTIFF'S Conclusive "Riparian" "Gulf Front" "Boundary Survey" in "Factual
Support" of Plaintiffs' Motions for Summary Judgment filed by Jorge Busse, Kenneth M.
Roesch, Jr., Anita M. Roesch, and Troy Parnell. (js) (Entered: 09/07/2007)
09/04/2007 116 PLAINTIFFS' Memorandum in factual support of Plaintiffs' Motion for Summary
Judgment on the issue of Defendants' 'Liability' for "Inverse Condemnation" and the
"Temporary" "Regulatory Taking" of "All Cayo Costa Private Accreted
Property"[without due process & just compensation] by "Plan and Design" "Agreed
upon by all defendants" in order to "Operate the Public Cayo Costa State Park" filed by
Jorge Busse, Kenneth M. Roesch, Jr., Anita M. Roesch, and Troy Parnell. (js, )
(Entered: 09/07/2007)
09/05/2007 110 SUMMARY JUDGMENT NOTICE re 108 MOTION for summary judgment. (js)
(Entered: 09/05/2007)
09/06/2007 111 MOTION to strike 102 Amended complaint,, or to Dismiss by The Lee County
Property Appraiser. (Johnson, Sherri) (Entered: 09/06/2007)
09/07/2007 112 MOTION to strike by State of Florida Board of Trustees of the Internal Improvement
Trust Fund, State of Florida Department of Environmental Protection. (Russell, Reagan)
(Entered: 09/07/2007)
09/07/2007 113 PLAINTIFF'S "Public Record" exhibits and conclusive evidence of "Inverse
Condemnation", temporary "Takings" without due process & just compensation,
"Deprivations" of Plaintiffs' rights, privileges, & immunities, and 42 U.S.C. 1983 "Civil
Rights Violations" by all defendants in factual support re 103 Motion for summary
judgment, filed by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell.
(js) (Entered: 09/07/2007)
09/07/2007 115 PLAINTIFFS' Memorandum in support of motion for summary judgment and
RESPONSE to motion re 106 MOTION to Dismiss for Lack of Jurisdiction filed by
Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered:
09/07/2007)
09/07/2007 121 PLAINTIFFS' Memorandum and RESPONSE to Defendant State's document re 106
MOTION to Dismiss for Lack of Jurisdiction, in support of Plaintiffs' Motions for
Summary Judgment, and controverting defendants' false allegations of immunity filed by
Jorg Busse. (js) (Entered: 09/11/2007)

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09/10/2007 117 ORDER re: Consent to Exercise of Jurisdiction by a United States MagistrateForm.
Signed by Judge John E. Steele on 9/10/2007. (BMA ) (Entered: 09/10/2007)
09/10/2007 118 RESPONSE to motion re 103 MOTION for summary judgment, 108 MOTION for
summary judgment filed by Board of Lee County Commissioners. (Peterson, Jack)
(Entered: 09/10/2007)
09/10/2007 122 PLAINTIFFS' MEMORANDUM IN RESPONSE to motion re 111 MOTION to
strike 102 Amended complaint,, or to Dismiss, and in support of Plaintiffs' Motion for
Summary Judgment on the issue of Defendants' liability for their "Deprivations" of
Plaintiffs' Rights, Privileges & Immunities under 42 U.S.C. 1983 [Civil Rights Violations]
filed by Jorg Busse. (js) (Entered: 09/12/2007)
09/11/2007 119 Unopposed MOTION to Remove as Plaintiffs by Kenneth M. Roesch, Jr, Anita M.
Roesch. (Rooth, Kelly) (Entered: 09/11/2007)
09/11/2007 120 RESPONSE in opposition re 103 MOTION for summary judgment on Inverse
Condemnation Claim filed by The Lee County Property Appraiser. (Johnson, Sherri)
(Entered: 09/11/2007)
09/12/2007 123 ORDER denying 84 the Defendant Lee County, Florida's Motion for Sanctions for
Plaintiff's Violation of Protective Order. Signed by Judge Sheri Polster Chappell on
9/12/2007. (lmh, ) (Entered: 09/12/2007)
09/12/2007 124 Monthly MOTION to dismiss Amended Complaint with Memorandum of Law by
Board of Lee County Commissioners. (Peterson, Jack) (Entered: 09/12/2007)
09/12/2007 128 PLAINTIFFS' MOTION to strike re 101 MOTION for protective order, MOTION
for leave of Court to serve interrogatories upon defendant 'officials' by Jorg Busse,
Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/14/2007)
09/12/2007 129 MOTION to strike from all of Defendants' pleadings their insufficient defense of
sovereign immunity [Amendment XI], Plaintiff's MOTION for leave of Court to
controvert Defendants' "Insufficient" and "Immaterial" defenses by Jorg Busse, Kenneth
M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/14/2007)
09/13/2007 125 ORDER denying 97 the Defendant Ken Wilkinson, as Lee County, Florida Property
Appraiser's Motion for Rule 11 Sanctions. Signed by Judge Sheri Polster Chappell on
9/13/2007. (lmh, ) (Entered: 09/13/2007)
09/13/2007 126 ORDER granting 101 the Defendants State of Florida Board of Trustees of the Internal
Improvement Trust Fund and Florida Department of Environmental Protection's Motion
for a Protective Order. SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster
Chappell on 9/13/2007. (lmh, ) (Entered: 09/13/2007)
09/13/2007 127 RESPONSE in opposition re 108 MOTION for summary judgment on Civil Rights
Claims filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:
09/13/2007)
09/13/2007 130 PLAINTIFFS' NOTICE of Defendant's violations of Federal Rules of Civil Procedure
11(b) representations to Court, and MOTION to strike "Defendants' Motion for
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Sanctions" dated August 29, 2007 re 84 MOTION for sanctions for Plaintiff's
Violation of Protective Order by Jorg Busse, Kenneth M. Roesch, Jr, Anita M.
Roesch, Troy Parnell. (js) (Entered: 09/17/2007)
09/13/2007 131 PLAINTIFFS' MOTION to strike 118 Response to motion by Jorg Busse, Kenneth
M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js) (Entered: 09/17/2007)
09/17/2007 132 PLAINTIFFS' NOTICE of Defendant Wilkinson's violations of Fed. R. Civ. Proc.
11(b): Representations to [this] Court, in "Defendant Property Appraiser's Motion to
Strike or Dismiss Plaintiffs' Second Amended Complaint" [Doc.111], [and as to order
to show cause why Wilkinson did not violate F.R.C.P. 11(b) on this Court's "Own
Initiative" by Jorg Busse, Kenneth M. Roesch, Jr, Anita M. Roesch, Troy Parnell. (js)
(Entered: 09/18/2007)
09/17/2007 133 MOTION to strike "Defendants' Motion for Sanctions" dated 09/11/07, and Plaintiffs'
Notice of Defendants' violations of Federal Rules Civil Procedure 11 (b):
Representations to [this] Court by Jorg Busse, Kenneth M. Roesch, Jr, Anita M.
Roesch, Troy Parnell. (js) (Entered: 09/18/2007)
09/18/2007 134 UNOPPOSED MOTION to remove Troy Parnell as Plaintiff and supporting
memorandum of law by Troy Parnell. (js) (Entered: 09/19/2007)
09/18/2007 135 MOTION for summary judgment on the issue of all defendants' liability for "Trespass to
Plaintiff(s)' Gulf Front Accreted Lands" pursuant to Fed. R. civ. P. 56 by Jorg Busse.
(js) (Entered: 09/19/2007)
09/18/2007 136 PLAINTIFFS' RESPONSE re 111 MOTION to strike 102 Amended complaint, or to
Dismiss by Jorg Busse, Troy Parnell. (js) (Entered: 09/19/2007)
09/19/2007 139 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery against
defendants State of Florida pursuant to Fed. R. Civ. P. 37(a) & (b) by Jorg Busse, Troy
Parnell. (js) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:
09/21/2007)
09/19/2007 140 PLAINTIFF(S)' MOTION to waive defendant Appraiser's unspecific, untimely, and
unexcused objection to Plaintiff(S) interrogatories, pursuant to Fed. R. civ. P. 33(b) (4)
by Jorg Busse, Troy Parnell. (js) (Entered: 09/21/2007)
09/19/2007 141 PLAINTIFF(S)' REQUEST(S) for admission(s) of the truth by defendant Lee County
Property Appraiser K.M. Wilkinson pursuant to Fed. R. Civ. P. 36. (Attachments: # 1)
(js) (Entered: 09/21/2007)
09/20/2007 137 SUMMARY JUDGMENT NOTICE re 135 MOTION for summary judgment. (js)
(Entered: 09/20/2007)
09/20/2007 138 RESPONSE re 117 Order filed by State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection.
(Russell, Reagan) (Entered: 09/20/2007)
09/20/2007 143 MOTION to strike and MOTION for sanctions re 111 MOTION to strike 102
Amended complaint, or to Dismiss pursuant to Fed. R. Civ. P. 12(f) and 12 (c) by Jorg
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Busse. (js) (Entered: 09/24/2007)
09/21/2007 142 ORDER granting 119 Plaintiffs Unopposed Motion to Remove Kenneth M. Roesch, Jr.
and Anita Roesch as Plaintiffs; granting 134 Plaintiffs Unopposed Motion Remove Troy
Parnell as Plaintiff. The Clerk is directed to terminate the following parties: Kenneth M.
Roesch, Jr, Anita Roesch, and Troy Parnell. Signed by Judge John E. Steele on
9/21/2007. (AFR) (Entered: 09/21/2007)
09/21/2007 144 RESPONSE to motion re 124 Monthly MOTION to dismiss Amended Complaint with
Memorandum of Law and motion for attorney(s)' fees and other expenses incurred,
pursuant to Fed. R. Civ. P. 11 (c) (1) (B) (2) filed by Jorg Busse, Troy Parnell. (js)
(Entered: 09/24/2007)
09/21/2007 145 PLAINTIFF(S)' MOTION to strike and MOTION for sanctions re 111 MOTION to
strike 102 Amended complaint,, or to Dismiss by Jorg Busse, Troy Parnell. (js)
(Entered: 09/24/2007)
09/21/2007 146 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery against the
defendants State of Florida Board of Trustees of the internal improvement trust fund and
Florida Department of Environmental Protection, and their advising attorneys pursuant to
Fed. R. Civ. P. 37(a) & (B) and MOTION for attorney(s)' fees and expenses pursuant
to Fed. R. Civ. P. 37(a) (4) (A), by Jorg Busse, Troy Parnell. (js) (Entered:
09/24/2007)
09/21/2007 147 PLAINTIFF(S)' SUPPLEMENTAL REQUEST to produce Defendants State of
Florida, pursuant to Fed. R. Civ. P. 34, and 26, and 37, and MOTION for leave of
court by Jorg Busse, Troy Parnell. (js) Motions referred to Magistrate Judge Sheri
Polster Chappell. (Entered: 09/24/2007)
09/21/2007 149 PLAINTIFF(S)' MOTION for order compelling disclosure & discovery against
Defendants Lee County, its commissioners & attorney(s), pursuant to Fed. R. Civ. P.
37(a) & (b), and MOTION for attorney(s) fees and expenses pursuant to Fed. R. Civ.
P. 37(a) (4) (A) by Jorg Busse, Troy Parnell. (js) Motions referred to Magistrate Judge
Sheri Polster Chappell. (Entered: 09/24/2007)
09/24/2007 148 APPEAL of Magistrate Judge ruling to District Court by The Lee County Property
Appraiser re 125 Order on motion for sanctions (Johnson, Sherri) Modified on
9/26/2007 to correct event type (kma). (Entered: 09/24/2007)
09/24/2007 150 PLAINTIFF(S)' NOTICE of Plaintiff(s)' demands for reasonable attorney(s)' fees, and
costs pursuant to 42 U.S.C. 1988 (1976) by Jorg Busse. (js) (Entered: 09/24/2007)
09/24/2007 151 PLAINTIFF(S)' MOTION to strike 138 , pursuant to Fed. 12(f) and 42, and
MOTION for sanctions & application for order for defendants' payment(s) of
Plaintiff(S)' expenses, pursuant to Fed. R. civ. P. 37 (C) (2): and Plaintiff(s) Response
(I) to document 138, "Defendants', State of Florida Board of Trustees and Department
of Environmental Protection, response to order (document #117)". by Jorg Busse. (js, )
(Entered: 09/24/2007)
09/24/2007 152 ORDER denying 139 the Plaintiff Jorg Busse's Motion to Compel Disclosure &
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Discovery Against Defendants State of Florida Pursuant to Fed. R. Civ. P. 37(a) & (b)
(Doc. #139). The Plaintiff Jorg Busse's Motion to Reconsider the Court's Protective
Order Preventing the Plaintiff from Making Contact with Parties Who are Represented
by Counsel(Doc. # 139) is DENIED. The Plaintiff Jorg Busses Motion to Allow Him
Access to the Court's Electronic Filing System CM/ECF (Doc. # 139) is DENIED.
Signed by Judge Sheri Polster Chappell on 9/24/2007. (lmh, ) (Entered: 09/24/2007)
09/24/2007 153 MOTION for summary judgment on the issue of defendants' "Fabrications" of "fictitious"
"Land Parcel Numbers" 12-44-20-01.00000.00AO, and 07-44-21-01-00001.0000"
which do not exist on the respective Cayo Costa subdivision plat(s), pursuant to Fed. R.
civ. P. 56, and Plaintiff(s)' Demands for reasonable attorney(s)' fees, and cost pursuant
to 42 U.S.C. 1988 (1976). by Jorg Busse. (js) (Entered: 09/24/2007)
09/24/2007 154 PLAINTIFF(S)' NOTICE of Defendants' admission of federal jurisdiction. by Jorg
Busse, Troy Parnell. (js) (Entered: 09/24/2007)
09/24/2007 155 PLAINTIFF(S)' MOTION for summary judgment on the issue of Defendant
Appraiser's violations of federal appraisal standards & the uniform standards of
professional appraisal practice, including "fabrications" of "fictitious" "land parcel
numbers"; "12-44-20-01.00000.00AO, and 07-44-21-01-00001.0000", which do not
exist on the respective Cayo Costa subdivision plat(s), pursuant to Fed. R. civ. P. 56,
and PLAINTIFF(S)'MOTION for reasonable attorney(s)' fees, and costs pursuant to
42 U.S.C 1988 (1976) by Jorg Busse. (js, ) (Entered: 09/26/2007)
09/25/2007 157 PLAINTIFF(S)' NOTICE of all defendants' failure to disclose pursuant to Fed. R. Civ.
P. 26(a) (1), and PLAINTIFF(S)' MOTION for sanctions against defendant appraiser,
pursuant to Fed. R. Civ. P. 11 by Jorg Busse. (js) (Entered: 09/27/2007)
09/25/2007 158 PLAINTIFF(S)' PROOF of averred, published official records, pursuant to Fed. R. civ.
P. 44 (a) (1), in factual support of Plaintiff(S)' Motions for summary Judgment [doc.
#103, #108, #135, and other], pursuant to Fed. R. civ. P. 56. filed by Jorg Busse. (js)
(Entered: 09/27/2007)
09/25/2007 159 PLAINTIFF(S)' MOTION for sanctions against defendants State of Florida, pursuant
to Fed. R. Civ. P. 11, and Plaintiff(s)' NOTICE of defendant(s) State of Florida's failure
to disclose, pursuant to Fed. R. Civ. P. 26 (a) (1) by Jorg Busse. (js) (Entered:
09/27/2007)
09/26/2007 160 PLAINTIFF(S)' Admissable evidence that the "plat" records contained no such record
or entry of "fabricated" Lot "A" pursuant to Fed. R. Civ. P. 44 9b), and Plaintiff(s)'
NOTICE of defendant Appraiser's failure to admit the truth that lot "A" never existed by
Jorg Busse. (js) (Entered: 09/27/2007)
09/26/2007 162 PLAINTIFF(S)' admissible evidence that the records contain no such record or entry of
alleged Lot "A", pursuant to Fed. R. civ. P. 44(b), as "Averred" "With Particularity" in
documents #1 and 102. (Attachments: # 1) (js) (Entered: 09/28/2007)
09/27/2007 156 SUMMARY JUDGMENT NOTICE re 155 MOTION for attorney fees MOTION
for summary judgment, 153 MOTION for summary judgment. (js) (Entered:
09/27/2007)
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09/27/2007 164 PLAINTIFF(S)' MOTION for Declaratory Judgment, pursuant to Fed. R. civ. P. 57,
and Plaintiff(S) admissible evidence of "lack of record" of "Lot A" and "land parcel" "12-
44-20-01.00000.00A0, and of "civil fraud" and "civil conspiracy" by defendant
appraiser, and by his "advising attorney", pursuant to Fed. R. Civ. P. 44 (b). Lack of
record. by Jorg Busse. (Attachments: # 1)(js) (Entered: 10/01/2007)
09/27/2007 165 PLAINTIFF(S)' ADMISSIBLE Evidence of defendant(s) State's June 26, 2003,
"Cabinet Meeting Transcripts" in factual support of Defendant State of Florida's "Civil
Fraud" & "Civil Conspiracy" & "Fraudulent" "Takings" of "Private Property" "For public
use [Cayo Costa State Park]" "Without due process & just compensation" pursuant to
Fed. R. Civ. P. 44, 56, & 57 (Attachments: # 1) (js) Modified on 10/1/2007 to edit
docket text(js). (Entered: 10/01/2007)
09/27/2007 166 PLAINTIFF(S)' MOTION for Declaratory Judgment regarding A) Plaintiff(S)' "Federal
Rights", and 42 U.S.C. 1983 "Deprivations" of said "Federal Rights" by all defendants,
pursuant to Fed. R. Civ. P. 57 and 1, based on the admissible evidence of all four cayo
costa plats, pursuant to Fed. R. Civ. P. 44(a), and the admissible [sic] evidence of lack
of record of any changes since 1912, pursuant to Fed. R. Civ. P. 44(b) by Jorg Busse.
(js, ) (Entered: 10/01/2007)
09/27/2007 168 PLAINTIFF(S)' Interrogatory II propounded upon all defendants by Jorg Busse. (js)
(Entered: 10/01/2007)
09/27/2007 169 PLAINTIFF(S)' Interrogatory III: "Where and when was the conveyance of lot "A",
Lee County Property Appraiser's parcel I.D./ folio number(s) "12-44-20-01-
00000.00A0" recorded in the grantor/grantee index [or number (s)?]?", propounded
upon all defendants by Jorg Busse. (js) (Entered: 10/01/2007)
09/27/2007 170 PLAINTIFF(S)' Interrogatory IV: "Why did you deny plaintiff(s) and deprive plaintiff(s)
of the Federal, civil, riparian, property, subdividing, & other rights Alexander C. Roesch
[original subdivider] had, and which were "conclusively" "established" by, and
"recorded" in Lee County "official records" 1/49, 1/51, and 3/25?" propounded upon all
defendants by Jorg Busse. (js) (Entered: 10/01/2007)
09/27/2007 171 PLAINTIFF'(S) Interrogatory V: "Why was Lee County official record 569/875 [Doc.
#24-2; 05/25/2007], which controverted Lee County "Official Records" 1/49, 1/51,
1/52, and 3/25, never signed by anybody?", propounded upon all defendants by Jorg
Busse. (js) (Entered: 10/01/2007)
09/28/2007 161 NOTICE by State of Florida Board of Trustees of the Internal Improvement Trust
Fund, State of Florida Department of Environmental Protection of Serving Answers
and Objections to Interrogatories Propounded by Plaintiff (Russell, Reagan)
(Entered: 09/28/2007)
09/28/2007 163 RESPONSE in opposition re 140 MOTION to waive defendant Appraiser's unspecific,
untimely, and unexcused objection to Plaintiff(S) interrogatories, pursuant to Fed. R. civ.
P. 33(b) (4) filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:
09/28/2007)

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09/28/2007 172 PLAINTIFF(S)' MOTION for summary judgment against Defendant Lee County
Attorney on the issue of defendant attorney's liability for "civil fraud", pursuant to Fed. R.
Civ. P. 1,44(a), 44(b), 56,57, and 42 U.S.C. 1983, 42 U.S.C. 1988, and demand for
"punitive damages" against "officials" personally by Jorg Busse. (js) (Entered:
10/01/2007)
10/01/2007 167 PLAINTIFF(S)' Interrogatory II propounded upon all defendants by Jorg Busse. (js)
(Entered: 10/01/2007)
10/01/2007 173 SUMMARY JUDGMENT NOTICE re 172 MOTION for summary judgment. (js)
(Entered: 10/01/2007)
10/01/2007 174 PLAINTIFF(s)' MOTION for judgment(s) against defendant Appraiser for failure to
state any legal defense(s) in response to Plaintiff(S) causes of action, claims for relief,
and "particular" "counts" of 1) 42 U.S.C. 1983 "violations" and "deprivations"; and 2)
punitive damages under 42 U.S.C. 1988; and 3) civil fraud; and 4)civil conspiracy; and
5)trespass to plaintiff(S)' lands; and 6)"fraudulent" "uncompensated" "takings"; and the
7)other causes of action, and claims for relief, pursuant to Fed.R.Civ. P.
7,8,11,1,56,44(b) & (a) by Jorg Busse. (js, ) (Entered: 10/02/2007)
10/01/2007 175 PLAINTIFF(S)' MOTION for Declaratory Judgment that A) Lee County never was
the legal owner of Lot "A", and B) Lee County never was the legal owner of Block "1",
and C)Defendant Appraiser "deprived" plaintiff(s) through his fraudulent claims, pursuant
to 42 U.S.C. 1983, and 1988; and D)Appraiser & his attorney inteded to undermine
the integrity of the property recordation system & this judicial proceeding by Jorg Busse.
(js) (Entered: 10/02/2007)
10/01/2007 176 MOTION for Declaratory Judgment that A) Plaintiff(S)' Lots "15 A", "2", "3", and "P"
were abutting "Navigable Water" & thereby "riparian" Gulf front lots, & that B)
Defendant Attorney "deprived" Plaintiff(S) through his fraudulent claims, pursuant to 42
U.S.C. 1983, and 1988, and was officially and individually liable for fees & expenses by
Jorg Busse. (js) (Entered: 10/02/2007)
10/02/2007 181 PLAINTIFF(S)' MOTION for expenses and MOTION for sanctions following
Defendant Appraiser's failure to disclose and failure to cooperate in discovery, pursuant
to Fed. R. Civ. P. 37(4), 37, 26(a) (1), 26, 33, 50, 16, et al. by Jorg Busse.
(Attachments: # 1)(js) (Entered: 10/04/2007)
10/02/2007 182 PLAINTIFF(S)' MOTION to show cause why expert witness(es) should not be
appointed, pursuant to Fed. R. Evidnece 706, 705, 702 by Jorg Busse. (js) (Entered:
10/04/2007)
10/02/2007 183 MOTION for leave of Court to serve interrogatroy "Appraiser's fraud & fraudulent
alienation I" upon D. Appraiser, pursuant to Fed. R. Civ. P. 33(a) & (B) & MOTION
for optional answer, pursuant to Fed. R. Civ. P. 33(d) by Jorg Busse. (Attachments: #
1)(js) (Entered: 10/04/2007)
10/03/2007 177 MOTION to strike 135 MOTION for summary judgment, 155 MOTION for attorney
fees MOTION for summary judgment, 153 MOTION for summary judgment or, in the
alternative, Motion in Opposition to Plaintiff's Motions for Summary Judgment by
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State of Florida Board of Trustees of the Internal Improvement Trust Fund, State of
Florida Department of Environmental Protection. (Russell, Reagan) (Entered:
10/03/2007)
10/03/2007 178 RESPONSE in opposition re 135 MOTION for summary judgment filed by The Lee
County Property Appraiser. (Johnson, Sherri) (Entered: 10/03/2007)
10/03/2007 184 MOTION to strike defendant Appraiser's "Objections to Magistrate Judge's order
denying motion", and "Response to Plaintiff's motion to waive defendant's objections"
[Doc. # 148 & 163, Respectively] by Jorg Busse. (js) (Entered: 10/05/2007)
10/03/2007 185 PLAINTIFF(S)' NOTICE of 'No service made', pursuant to Fed. R. civ. P. 5, and
Plaintiff(s)' notice of defendants' failure to comply with order, pursuant to Fed. R. Civ.
P. 37(b)(2) [Sanctions: Contempt of this court's 09/13/2007 order/ Doc. #126] by Jorg
Busse. (js) (Entered: 10/05/2007)
10/04/2007 179 RESPONSE to motion re 155 MOTION for attorney fees MOTION for summary
judgment, 153 MOTION for summary judgment filed by Lee County, Florida.
(Peterson, Jack) (Entered: 10/04/2007)
10/04/2007 180 RESPONSE to motion re 172 MOTION for summary judgment filed by Lee County,
Florida. (Peterson, Jack) (Entered: 10/04/2007)
10/04/2007 186 PLAINTIFF(S)' PROMPT APPLICATION for entry of default against defendant Lee
County Attorney, pursuant to Rule 1.074, and Fed. R. Civ. P. 55, 44, and 12. by Jorg
Busse. (Attachments: # 1)(js) Motions referred to Magistrate Judge Sheri Polster
Chappell. (Entered: 10/05/2007)
10/04/2007 187 PLAINTIFF'S NOTICE of conference with defendants State of Florida, pursuant to
Fed. R. Civ. P. 26, 16, 44, 56, 57, including consideration of "prompt settlement", and
"referral of the matter of professional behavior" of Harold G. Vielhauer, Florida Bar No.
608350, pursuant to Local Rule 2.04 by Jorg Busse (js) (Entered: 10/05/2007)
10/04/2007 188 PLAINTIFF(S)' MOTION for consideration and/or scheduling of a preliminary pretrial
conference, pursuant to Local Rule 3.05 (C) (D), and Fed. R. Civ. P. 16. by Jorg
Busse. (js) (Entered: 10/05/2007)
10/08/2007 189 RESPONSE in opposition re 155 MOTION for attorney fees MOTION for summary
judgment filed by The Lee County Property Appraiser. (Johnson, Sherri) (Entered:
10/08/2007)
10/09/2007 190 ORDER providing parties the Consent to Exercise of Jurisdiction by a United States
Magistrate Judge form. Signed by Judge John E. Steele on 10/9/2007. (RKM)
(Entered: 10/09/2007)
10/09/2007 191 PLAINTIFF'S "Objection(S)" to the documents electronically filed by Reagan Kathleen
Russell, Florida Bar NO. 0024042, and signed "/S/ Harold George Vielhauer", Florida
Bar No. 608350, "Law Office of Harold G. Vielhauer", pursuant to Fed. R. Civ. P. 11,
& 12, and the CM/ECF administrative procedures Middle District of Florida, and Rule
301, 405, F. R. E., and this Court's Local Rules. (js) (Entered: 10/09/2007)

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10/09/2007 192 PLAINTIFF(S)' Memorandum pertaining to the presumptive validity of the admissible
evidence of the Cayo Costa plat maps, in support of prompt settlement & Motions for
summary judgment as a matter of fact, pursuant to Rule 3, & Fed. R. civ. P. 26, 50, 52,
55, 56, 57, 44, 11, &12, and Rule 301, 405, F.R.E. (js) (Entered: 10/09/2007)
10/09/2007 193 PLAINTIFF'S MOTION to strike all documents electronically filed, and unsigned by
"filing attorney Reagan Kathleen Russell", "Florida Bar No. 0024042", department of
environmental protection", and plaintiff's "objection", pursuant to Fed. R. Civ. P. 11, 12,
and the CM/ECF administrative procedures Middle District of Florida, and Rule 301,
405, F.R.E., and this Court's local rules by Jorg Busse. (js) (Entered: 10/09/2007)
10/10/2007 194 NOTICE of notification of The Florida Bar of Attorney Jack N. Peterson's continual
fraudulent misrepresentation of fictitious Lot "A" & Block "1", which never existed on
the official Cayo Costa plat map, Lee County Official Publication 3/25, and of
Peterson's (Florida Bar #0832774) corrupt & fraudulent character by Jorg Busse
(Attachments: # 1 Exhibit)(kma) (Entered: 10/10/2007)
10/11/2007 195 MOTION for Preliminary Hearing before trial pursuant to Fed.R.Civ.P. 12(d) by Jorg
Busse. (slu) (Entered: 10/11/2007)
10/11/2007 196 FACTUAL support re 195 Motion for Hearing filed by Jorg Busse. (slu) (Entered:
10/11/2007)
10/11/2007 197 MOTION to adjudge Attorney Jack N. Peterson guilty of contempt pursuant to
Fed.R.Civ.P. 12(g) by Jorg Busse. (slu) (Entered: 10/11/2007)
10/12/2007 198 MOTION for issuance of court order 'specifying the facts without substantial
controversy', and in particular, the 'fiction of Lot A and Block 1', which never existed on
the Cayo Costa subdivision plat map, pursuant to Fed.R.Civ.P. 56(d) by Jorg Busse.
(slu) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:
10/12/2007)
10/15/2007 199 EVIDENCE of boundary survey for examination by this court at hearing of motion
pursuant to Fed. R. Civ. P 56 and 56(b), specifying the fact that the Gulf of Mexico was
the natural boundary of plaintiff's Lot 15A "without any controversy" by Jorg Busse
(Attachments: # 1 Exhibit)(kma) (Entered: 10/17/2007)
10/16/2007 200 MOTION to strike document #177, and to adjudge defendants & Attorney H.G.
Vielhauer guilty of contempt, pursuant ot Rule 56 (g), 11, 12 and as evidenced by
"fraud", to be presented at the time fixed for the hearing of motion with particularity
pursuant to Fed. R. Civ. P. 56, 56 (d) & 9 by Jorg Busse. (Attachments: # 1 Exihibit #
2) Exhibit(kma) (Entered: 10/17/2007)
10/16/2007 201 MOTION to strike documents # 179 & 180, and to adjudge defendants & Attorney
Jack N. Peterson guilty of contempt, pursuant to Rule 56 (g), 11, & 12, and as
evidenced by survey, to be presented at the time fixed for the hearing of motion pursuant
to Fed. R. Civ. P. 56 & 56 (d), specifying the fact that defendants encroached on
plaintiff's land in order to illegally operate the Cayo Costs State Park by Jorg Busse.
(Attachments: # 1 Exhibit)(kma) (Entered: 10/17/2007)

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10/18/2007 202 ORDER denying 147 the Plaintiff George Busse's Supplemental Request to Produce to
Defendants State of Florida Pursuant to Fed. R. Civ.P. 34, and 26, and 37, and
Plaintiff(s)' Motion for leave of Court. Signed by Judge Sheri Polster Chappell on
10/18/2007. (lmh, ) (Entered: 10/18/2007)
10/18/2007 203 ORDER denying 149 the Plaintiff Jorg Busses Motion for Order Compelling Disclosure
& Discovery Against Defendants Lee County, Its Commissioners & Attorney(s)
Pursuant to Fed. R. Civ. P. 37(a) & (b) and the Plaintiff(s) Motion for Attorneys Fees
and Expenses Pursuant to Fed. R. Civ. P. 31(a)(4)(A). Signed by Judge Sheri Polster
Chappell on 10/18/2007. (lmh, ) (Entered: 10/18/2007)
10/19/2007 204 MOTION to adjudge defendant Appraiser & his Attorney Sherri L. Johnson guilty of
contempt, MOTION to strike 178 and 189 pursuant to Rule 56(g), 56, 9, 11, & 12
and as evidenced by the "fraud" of "Lot A" and "Block 1" by Jorg Busse. (Attachments:
# 1 Exhibit # 2 Exhibit)(slu) (Entered: 10/19/2007)
10/19/2007 205 PLAINTIFF(S)' exhibit of "The Florida Bar Complaints against Attorneys Peterson,
Johnson, and Vielhauer" by Jorge Busse. (slu) Additional attachment(s) added on
10/22/2007 (slu, ). (Entered: 10/22/2007)
10/19/2007 206 PLAINTIFF(S)' exhibit of "affidavit" by Jorge Busse. (slu) (Entered: 10/22/2007)
10/19/2007 207 PLAINTIFF(S)' exhibit of "motion for consolidation" in the Circuit Court of the 20th
Judicial Circuit in and for Lee County, Florida Case No. 2:06-CA-003185 by Jorge
Busse. (slu) (Entered: 10/22/2007)
10/22/2007 208 NOTICE of Hearing on Motion 148 Defendant Property Appraiser's Objection to
Magistrate Judge's Order Denying Motion for Rule 11 Sanctions. Motion Hearing set
for 11/7/2007 at 09:30 AM in Courtroom 6 B before Magistrate Judge Sheri Polster
Chappell. (LAG, ) (Entered: 10/22/2007)
10/22/2007 209 ORDER granting 148 the Defendant Property Appraiser's Objection to Magistrate
Judge's Order Denying Motion for Rule 11 Sanctions. A hearing will be held on the
Defendant Property Appraisers Motion for Rule 11(c) Sanctions on Wednesday,
November 7, 2007, at 9:30a.m. before the undersigned at the United States Courthouse
and Federal Building, 2110 First Street, Courtroom 6B, Fort Myers, Florida. Signed by
Judge Sheri Polster Chappell on 10/22/2007. (lmh, ) (Entered: 10/22/2007)
10/23/2007 210 RESPONSE in opposition re 193 MOTION to strike and re [Docs. 191, 187, and
185] filed by State of Florida Board of Trustees of the Internal Improvement Trust
Fund, State of Florida Department of Environmental Protection. (Russell, Reagan)
(Entered: 10/23/2007)
10/23/2007 211 MOTION to Appear Telephonically for Hearing November 7, 2007 by State of
Florida Board of Trustees of the Internal Improvement Trust Fund, State of Florida
Department of Environmental Protection. (Russell, Reagan) Motions referred to
Magistrate Judge Sheri Polster Chappell. (Entered: 10/23/2007)
10/23/2007 212 MOTION for sanctions by Board of Lee County Commissioners. (Attachments: #
1)(Peterson, Jack) (Entered: 10/23/2007)
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10/24/2007 213 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Sheri
Polster Chappell on 10/24/2007. (LAG, ) (Entered: 10/24/2007)
10/29/2007 214 RESPONSE in opposition re 204 MOTION to adjudge defendant Appraiser & his
Attorney Sherri L. Johnson guilty of contempt MOTION to strike filed by The Lee
County Property Appraiser. (Johnson, Sherri) (Entered: 10/29/2007)
10/30/2007 215 MOTION to extend time to Serve Mandatory Initial Disclosures by The Lee County
Property Appraiser. (Johnson, Sherri) (Entered: 10/30/2007)
10/30/2007 216 First MOTION to extend time to mandatory initial disclosures by State of Florida Board
of Trustees of the Internal Improvement Trust Fund, State of Florida Department of
Environmental Protection. (Funchess, Linda) (Entered: 10/30/2007)
10/31/2007 218 "Just, Speedy, & Inexpensive Determination" of Defendant Appraiser's position as
"Impossible", to "Discourage wasteful pretrial activities", pursuant to F.R.C.P. 1, 56, &
this court's order, Doc. #213. (js) (Entered: 11/03/2007)
10/31/2007 219 PLAINTIFF'S partial disclosure of expert report(s) by measurement science
corporation for "Just, Speedy, & Inexpensive determination of the action" & to
discourage wasteful pretrial activities" pursuant to F.R.C.P. 26, 56, & 1 filed by Jorg
Busse. (js) (Entered: 11/03/2007)
11/01/2007 220 PLAINTIFF'S NOTICE of defendant's failure to disclose, false and misleading
disclosure, and refusal to admit, and MOTION for sanctions pursuant to Fed.R.Civ. P.
37, 26,56, &1 by Jorg Busse. (js) (Entered: 11/03/2007)
11/01/2007 221 PLAINTIFF'S NOTICE of false and misleading disclosure, and refusal to admit, by
defendants State of Florida & their advising attorneys, and MOTION for sanctions
pursuant to Fed. R. Civ. P. 37, 26, 56 & 1 by Jorg Busse. (js) Additional attachment(s)
(exhibit A & B attached to document)added on 11/3/2007 (js, ). (Entered: 11/03/2007)
11/01/2007 222 NOTICE of unavailability by Jorg Busse. (Attachments: # 1 Exhibit A# 2 Exhibit B)(js)
(Entered: 11/03/2007)
11/02/2007 217 ORDER granting 211 the Defendants', Board of Trustee and Department of
Environmental Protection, Request for Leave of Court to Appear by Telephone. Signed
by Judge Sheri Polster Chappell on 11/2/2007. (lmh, ) (Entered: 11/02/2007)
11/02/2007 223 PLAINTIFF'S NOTICE of false and misleading disclosure(s) and refusal to admit, by
defendants Lee County, Florida, Lee County Attorney, and Lee County
Commissioners, and MOTION for sanctions pursuant to Fed. R. civ. P. 37, 26, 56, &
1 by Jorg Busse. (js) (Entered: 11/03/2007)
11/02/2007 224 PLAINTIFF'S MOTION for extension of deadline for "disclosure of expert reports"
until after defendants' mandatory initial & other ordered disclosures & discovery,
correction of defendants' false and misleading disclosures, and defendants' cooperation
in discovery, pursuant to Fed. R. Civ. P. 37, 26, 56, & 1, and Doc. #213 by Jorg
Busse. (js) (Entered: 11/03/2007)
11/02/2007 225 PLAINTIFF'S supplemental disclosure(s) of the identity of persons used at May 5,
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2008 trial to present evidence pursuant to Fed. R. Evidence 702, 703, & 705, and of
pending expert reports filed by Jorg Busse. (js) (Entered: 11/03/2007)
11/05/2007 226 MOTION to compel compliance with this Court's Order by Jorg Busse. (Attachments:
# 1 Exhibit)(slu) Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered:
11/05/2007)
11/05/2007 227 NOTICE of unavailability by Jorg Busse from 11/7/07 to 11/7/07. (slu) (Entered:
11/05/2007)
11/05/2007 228 THIRD NOTICE of unavailability by Jorg Busse from 11/7/07 to 11/7/07 & NOTICE
of conference with Defendant Property Appraiser's advising Attorney. (Attachments: # 1
Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 229 MOTION to stay discovery pending resolution of dispositive motions by State of
Florida Board of Trustees of the Internal Improvement Trust Fund, State of Florida
Department of Environmental Protection. (Russell, Reagan) Motions referred to
Magistrate Judge Sheri Polster Chappell. (Entered: 11/05/2007)
11/05/2007 230 NOTICE of proof of the documents relating to Lee County Lands and maintained in the
Office of County Lands at the next hearing, originally scheduled for 11/7/07 but now
being re-scheduled due to plaintiff's unavailability. STIPULATION that Lee County
could have never legally owned Lot A and Block 1 pursuant to Fed.R. Evidence 901,
1003, 1004, 1005 by Jorg Busse (Attachments: # 1 Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 231 FOURTH NOTICE of unavailability by Jorg Busse from 11/7/07 to 11/7/07 &
NOTICE of conference with Defendant Property Appraiser's advising Attorney S.L.
Johnson on October 26, 2007. (Attachments: # 1 Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 232 SUPPLEMENTAL disclosure(s) of the identity of persons used at 5/5/08 trial to
present evidence pursuant to Fed.R. Evidence 702, 703, & 705, and of previously filed
expert reports: Brigham Moore, LLP Eminent Domain & Property Rights Lawyers by
Jorg Busse. (Attachments: # 1 Exhibit)(slu) (Entered: 11/05/2007)
11/05/2007 234 PLAINTIFF'S "NOTICE" of Proof of the "Documents relating to Lee County Lands",
and "Maintained in the office of County Lands", at the next hearing, originally scheduled
for November 7, 2007, but now being re-scheduled, due to plaintiff's unavailability. by
Jorg Busse (Attachments: # 1)(js) (Entered: 11/06/2007)
11/05/2007 235 NOTICE of unavailability; alternative days by Jorg Busse from 11/7/07 to 11/7/07. (js)
(Entered: 11/06/2007)
11/06/2007 233 ORDER directing the Plaintiff to appear in person at the hearing scheduled before the
undersigned at the Federal Courthouse, Fort Myers, Florida, Courtroom 6B, at
9:30a.m. The Plaintiff is to come prepared to argue the Defendant Lee County Property
Appraiser's Motion for Rule 11(c) sanctions and to participate in a meaningful manner in
any further discussions regarding the status of the case. Failure to appear will result in the
Court hearing the motion for sanctions against the Plaintiff without benefit of his response
as well as the possibility of the Court imposing sanctions for Contempt of Court for
failing to abide by a court order. The Clerk is directed to contact the Plaintiff and advise
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him of the imposition of this Order. Signed by Judge Sheri Polster Chappell on
11/6/2007. (lmh, ) (Entered: 11/06/2007)
11/06/2007 236 PLAINTIFF'S Exhibits regarding: Florida Bar Investigations, selection of mediator,
delivery of written summary to mediator, including Defendants' "conspiratorial" "fraud" of
"Lot A", and concise statements of no genuine issues for trial, pursuant to this Court's
10/24/2007 order, and Ch. 9 & 1, Local Rules, & F.R.C.P. 1,16, 56; Stipulation(s)
that Lee County could have never legally owned "fraudulent" & "fictitious" "Lot A" &
"Block 1", pursuant to Fed. R. evidence 901, 1003, 1004, 1005 by Jorg Busse
(Attachments: # 1 Exhibit Florida Bar Investigations- Wilhelm# 2 Exhibit Mediator)(js, )
(Entered: 11/06/2007)
11/06/2007 237 MOTION for Hearing on Plaintiff's Motions for Summary Judgment, pursuant to
Fed.R.Civ. P. 56(c), and the stipulation that Lee County could have never legally owned
"Lot A" and "Block 1", pursuant to Fed. R. Evidence 901, 1003, 1004, 1005.
NOTICE of no genuine issues for trial because "Lot A" never legally existed by Jorg
Busse. (Attachments: # 1 Exhibit)(js) (Entered: 11/06/2007)
11/06/2007 238 PLAINTIFf'S NOTICE of delivery of written summary to mediator, to include
defendants' "conspiratorial" "fraud" of "Lot A", and concise statements of no genuine
issues for trial, pursuant to Ch. 9 & 1, Local Rules, & F.R.C. P. 1, 16, 56. Stipulation
that Lee County could have never legally owned "fraudulent" & "fictitious" "Lot A" &
"Block 1", pursuant to Fed. R. evidence 901, 1003, 1004, 1005 by Jorg Busse.
(Attachments: # 1)(js) (Entered: 11/06/2007)
11/07/2007 239 MINUTE ENTRY for proceedings held before Judge Sheri Polster Chappell : Motion
Hearing held on 11/7/2007 re 97 MOTION for sanctions Pursuant to Rule 11 filed by
The Lee County Property Appraiser. Court heard from the parties and will take the
matter under advisement. A report and recommendation will be entered. Court
Reporter: Martina Reporting Services - Patsy Coleman (LAG, ) (Entered: 11/07/2007)
11/07/2007 240 ORDER for transcript re 239 Motion Hearing, Signed by Judge Sheri Polster Chappell
on 11/7/2007. (LAG, ) (Entered: 11/07/2007)
11/07/2007 241 CERTIFICATE of compliance by State of Florida Board of Trustees of the Internal
Improvement Trust Fund, State of Florida Department of Environmental Protection.
(Russell, Reagan) (Entered: 11/07/2007)
11/07/2007 243 SUPPLEMENTAL Disclosure(s) of the identity of Karen Forsyth, a person used at
May 5, 2008 trial to present evidence pursuant to FEd. R. Evidence 702, 703, & 705,
and of Forsyth's expert report(s): Karen Forsyth, Director, Division of Lee County
Lands; Forsyth expert reports: "Land Inventory control file 12-44-20-01-
00000.00AO", and "murdockpointcayocosta.pdf" by Jorg Busse. (JS) (Entered:
11/14/2007)
11/07/2007 244 PLAINTIFF'S FIFTH NOTICE of unavailability on November 7, 2007 & NOTICE of
'Termination' of 11/07/2007 motion hearing as per docket/ ECF Case information filed
by Jorg Busse.(JS) (Entered: 11/14/2007)
11/07/2007 245 PLAINTIFF'S NOTICE of no pending hearings on 11/07/2007, and 'Termination' of
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11/07/2007 Motion hearing as per docket/ ECF case information, and sixth NOTICE
of Plaintiff's unavailability on November 7, 2007. MOTION to compel Defendants'
disclosure of all victims of their "conspiratorial" "fraud" of "Lot A", & "Block 1" prior to
any hearing, pursuant to this court's order, the certificate of interested persons, & Fed.
R. Civ. P. filed by Jorg Busse. (JS) Motions referred to Magistrate Judge Sheri Polster
Chappell. (Entered: 11/14/2007)
11/07/2007 246 PLAINTIFF'S NOTICE of no pending hearings on 11/07/2007, and 'termination' of
11/7/2007 motion hearing as per docket/ ECF case information, and sixth NOTICE of
Plaintiff's unavailability on November 7, 2007. Plaintiff's MOTION to compel
defendant's disclosure of all victims of their "conspiratorial" "fraud" of "Lot A", & "Block
1" prior to any hearing, pursuant to this Court's order, the certificate of interested
persons & Fed. R. Civ. P. by Jorg Busse. (JS) Motions referred to Magistrate Judge
Sheri Polster Chappell. (Entered: 11/14/2007)
11/07/2007 247 PLAINTIFF'S FIFTH NOTICE of unavailability on November 7, 2007 & Notice of
'Termination' of 11/07/2007 motion hearing as per docket/ ECF case information filed
by Jorg Busse. (JS) (Entered: 11/14/2007)
11/13/2007 248 MOTION to declare defendant appraiser's "improper" defenses, claims &
representations of Lot A & Block 1 without any evidentiary support pursuant to
F.R.C.P. 11(b) & (c) by Jorg Busse. (JS) (Entered: 11/14/2007)
11/13/2007 249 MOTION to compel defendants to respond to Plaintiff's interrogatories & to disclose
tracking information for undocumented falsley certified shipment(s) by Jorg Busse. (JS)
Motions referred to Magistrate Judge Sheri Polster Chappell. (Entered: 11/14/2007)
11/13/2007 250 MOTION to strike defendant's Motions, because their defenses and claims of Lot A &
Block 1 were insufficient $ scandalous, pursuant to F.R.C.P. 12 (f) by Jorg Busse. (JS)
(Entered: 11/14/2007)
11/13/2007 251 MOTION for disclosure of victims & interested persons pursuant to 04/17 &
10/24/2007 Court orders & F.R.C.P. 11 (b) & (c) by Jorg Busse. (JS) Motions
referred to Magistrate Judge Sheri Polster Chappell. (Entered: 11/14/2007)
11/14/2007 242 REPORT AND RECOMMENDATION re 97 MOTION for sanctions Pursuant to
Rule 11 filed by The Lee County Property Appraiser. It is respectfully recommended
the Defendant Lee County Property Appraiser's Motion for Rule 11 Sanctions should
be GRANTED. Signed by Magistrate Judge Sheri Polster Chappell on 11/14/2007.
(LMH) Modified on 11/14/2007 (LKS). (Entered: 11/14/2007)
11/14/2007 252 AMENDED REPORT AND RECOMMENDATION re 97 MOTION for sanctions
Pursuant to Rule 11 filed by The Lee County Property Appraiser. Signed by
Magistrate Judge Sheri Polster Chappell on 11/14/2007. (LMH) (Entered: 11/14/2007)
11/14/2007 253 MOTION to compel defendants to disclose witnesses & the truth of the fraud of Lot A
& Block 1, pursuant to this Court's 10/24/2007 order for the just, speedy &
inexpensive determination of the action by Jorg Busse. (Attachments: # 1 Exhibit 'AG', #
2 Exhibit 'SJ')(JS) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 11/14/2007)
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11/14/2007 254 TRANSCRIPT of Motion for Rule 11 Sanctions held on 11/7/07 before Judge Sheri
Polster Chappell. Court Reporter: Patsy Lynn Coleman. (JS) (Entered: 11/15/2007)
11/15/2007 256 PLAINTIFF'S RESPONSE to the Florida Bar & Supreme Court in the matter of the
investigation of Sherri Lynn Johnson, RFA 08-7245. (JS) (Entered: 11/17/2007)
11/15/2007 257 PLAINTIFF'S MOTION to compel defendant appraiser to respond to interrogatory #1
& admit the truth of no Lot A by Jorg Busse. (JS) Motions referred to Magistrate Judge
Sheri Polster Chappell. (Entered: 11/17/2007)
11/16/2007 255 MOTION for protective order by Board of Lee County Commissioners. (Attachments:
# 1 Exhibit A&B)(Peterson, Jack) Motions referred to Magistrate Judge Sheri Polster
Chappell. Modified on 11/19/2007 COUNSEL notified Clerk's office this was filed in
error. Stated it was a duplicate motion in the case and will refile (JS). (Entered:
11/16/2007)
11/19/2007 258 MOTION for protective order from deposition by Board of Lee County
Commissioners. (Attachments: # 1 Exhibit A&B)(Peterson, Jack) Motions referred to
Magistrate Judge Sheri Polster Chappell. (Entered: 11/19/2007)
11/19/2007 259 Emergency MOTION for protective order by The Lee County Property Appraiser.
(Attachments: # 1 Exhibit A)(Johnson, Sherri) Motions referred to Magistrate Judge
Sheri Polster Chappell. (Entered: 11/19/2007)
11/19/2007 262 PLAINTIFF'S Disclosures of expert witnesses pursuant to order: Lawyer(s) of the real
property, probate & trust law section of the American Bar Associatioon by Jorg Busse.
(JS) (Entered: 11/20/2007)
11/20/2007 260 ORDER granting 259 Defendant, Lee County Property Appraiser's Emergency Motion
for Protective Order. The Purported Subpoena Duces Tecum is hereby QUASHED.
Signed by Magistrate Judge Sheri Polster Chappell on 11/20/2007. (LMH) Modified on
11/21/2007 to edit docket text (JS). (Entered: 11/20/2007)
11/20/2007 261 ORDER granting 258 the Defendant, Lee Countys Motion for Protective Order.The
Purported Subpoena Duces Tecum is hereby QUASHED. The Plaintiff is to cease
contacting the employees of the Defendant. The Plaintiff is to cease promulgating the
continual flood of irrelevant, immaterial and unwarranted e-mails to the Defendant and its
employees. Failure to do so will result in sanctions. Signed by Magistrate Judge Sheri
Polster Chappell on 11/20/2007. (LMH) (Entered: 11/20/2007)
11/20/2007 263 PLAINTIFF'S MOTION to compel defendants to discover, respond, & produce as to
that which they insufficiently described as 'all accretions' by Jorg Busse. (JS) Motions
referred to Magistrate Judge Sheri Polster Chappell. (Entered: 11/21/2007)
11/20/2007 264 PLAINTIFF'S MOTION to compel initial disclosures by Defendant State of Florida
pursuant to F.R.C.P. 26 (a) (1) by Jorg Busse. (JS) Motions referred to Magistrate
Judge Sheri Polster Chappell. (Entered: 11/21/2007)
11/20/2007 265 PLAINTIFF'S MOTION to compel defendants Lee County to make initial disclosures
pursuant to F.R.C.P. 26 (a)(1) by Jorg Busse. (JS) Motions referred to Magistrate
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Judge Sheri Polster Chappell. (Entered: 11/21/2007)
11/21/2007 266 MOTION to compel access to public records evidencing the land grab of Lot A, Block
1, & all Cay Costa accretions, MOTION for sanctions against defendant appraiser for
improper representations of Lee County ownership of Lot A, Block 1, & all Cayo
Costa accretions pursuant to Florida Statutes, Constitution, & F.R.C.P. 11, 56, 1 by
Jorg Busse. (Attachments: # 1 Exhibit)(kma) Motions referred to Magistrate Judge Sheri
Polster Chappell. (Entered: 11/23/2007)
11/26/2007 267 ORDER denying 103 Motion for summary judgment; denying as moot 106 Motion to
Dismiss for Lack of Jurisdiction; denying 108 Motion for summary judgment; denying as
moot 111 Motion to strike ; denying as moot 112 Motion to strike ; denying as moot
128 Motion to strike ; denying as moot 129 Motion to strike ; denying as moot 129
Motion ; denying as moot 131 Motion to strike ; denying as moot 133 Motion ; denying
135 Motion for summary judgment; denying as moot 143 Motion to strike ; denying 143
Motion for sanctions; denying 145 Motion for sanctions; denying as moot 145 Motion
to strike ; denying 146 Motion for attorney fees; denying 151 Motion for sanctions;
denying as moot 151 Motion to strike ; denying 153 Motion for summary judgment;
denying 155 Motion for attorney fees; denying 155 Motion for summary judgment;
denying 157 Motion for sanctions; denying 159 Motion for sanctions; denying 164
Motion for Declaratory Judgment; denying 166 Motion for Declaratory Judgment;
denying 172 Motion for summary judgment; denying 174 Motion for judgment; denying
175 Motion for Declaratory Judgment; denying 176 Motion for Declaratory Judgment;
denying 181 Motion ; denying 181 Motion for sanctions; denying 184 Motion to strike ;
denying as moot 188 Motion for Hearing; denying as moot 193 Motion to strike ;
denying as moot 195 Motion for Hearing; denying 197 Motion ; denying as moot 200
Motion to strike ; denying as moot 201 Motion to strike ; denying as moot 204 Motion
to strike ; denying 220 Motion for sanctions; denying 221 Motion for sanctions; denying
223 Motion for sanctions; denying as moot 237 Motion for Hearing; denying 248
Motion ; denying as moot 250 Motion to strike ; denying 266 Motion for sanctions.
Plaintiff may file a Third Amended Complaint within TWENTY (20) DAYS of the date
of this Order in compliance with the instructions in this Order. If no Third Amended
Complaint is filed, the Court will close the case. Signed by Judge John E. Steele on
11/26/2007. (AFR) (Entered: 11/26/2007)
11/26/2007 268 ORDER denying as moot 186 Motion for entry of default; denying as moot 215 Motion
to extend time; denying as moot 216 Motion to extend time; denying as moot 226
Motion to compel; denying as moot 229 Motion to stay discovery; denying as moot 245
Motion to compel; denying as moot 246 Motion to compel; denying as moot 249
Motion to compel; denying as moot 251 Motion for disclosure; denying as moot 253
Motion to compel; denying as moot 255 Motion for protective order; denying as moot
257 Motion to compel; denying as moot 263 Motion to compel; denying as moot 264
Motion to compel; denying as moot 265 Motion to compel; denying as moot 266
Motion to compel. Signed by Magistrate Judge Sheri Polster Chappell on 11/26/2007.
(LMH) (Entered: 11/26/2007)
11/26/2007 270 MOTION for sanctions against Defendant Appraiser pursuant to F.R.C.P. 11, 1, 12,

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56, and Constitutional Amendments I, V, XIV by Jorg Busse. (Attachments: # 1 )(JS)
(Entered: 11/28/2007)
11/26/2007 271 PLAINTIFF'S NOTICE of impossibility of title to any or all of Lot 15A in Lee County
& MOTION for sanctions for frivolous court representations by defendant Appraiser
pursuant to Constitutional Amendments I, V, XIV, and F.R.C.P. 1, 56, 11, 12 by Jorg
Busse. (JS) (Entered: 11/28/2007)
11/27/2007 269 ORDER denying as moot 124 Motion to dismiss; denying as moot 130 Motion ;
denying as moot 177 Motion to strike ; denying as moot 182 Motion for order to show
cause; denying as moot 198 motion for issuance; denying 204 Motion. Signed by Judge
John E. Steele on 11/27/2007. (AFR) (Entered: 11/27/2007)
11/28/2007 272 NOTICE of Grievances pursuant to Local Rule 2.04: The Florida Bar file 2008-10,
560(20A); Investigation of Lawyer Jack Neil Peterson. Violations of duties of diligence,
coompetence, & candor: Rules 1.2, 1.3, 1.4/ DR6- 101(A) (3); 1.1 DR6-101(A) (1) &
(2); 8.4 (c)/ DR1-102(A) (4) & DR7-101 (A)(3) by Jorg Busse (Attachments: # 1
Exhibit)(JS) (Entered: 11/28/2007)
11/29/2007 273 ORDER denying as moot 140 Motion ; denying as moot 146 Motion ; denying as moot
183 Motion ; denying as moot 224 Motion to extend time. Signed by Magistrate Judge
Sheri Polster Chappell on 11/29/2007. (LMH) (Entered: 11/29/2007)
11/29/2007 275 PLAINTIFF'S REBUTTAL before the Florida Bar/Supreme Court: Florida Bar File
2008-10, 560 (20A); Investigation of Lawyer Jack N. Peterson & Plaintiff's NOTICE
of grievances pursuant to Local Rule 2.04 by Jorg Busse (Attachments: # 1 # 2)(JS)
(Entered: 12/01/2007)
11/30/2007 274 ORDER denying 270 plaintiff's Motion for Sanctions; denying 271 plaintiff's Motion for
sanctions. Signed by Judge John E. Steele on 11/30/2007. (AFR) (Entered:
11/30/2007)
12/03/2007 276 AFFIDAVIT of Jorg Busse, MD, MM, MBA, MHRM that Defendant Lee County
never had home rule powers in undedicated Cayo Costa by Jorg Busse. (Attachments: #
1 Exhibit, # 2 Exhibit)(kma) (Entered: 12/05/2007)
12/03/2007 277 AFFIDAVIT of Jorg Busse, MD, MM, MBA, MHRM by Jorg Busse. (kma) (Entered:
12/05/2007)
12/04/2007 278 NOTICE of complaint with the Florida Commission on Ethics against defendant Lee
County Property Appraiser, and Notice of no Lee County home rule powers in
undedicated Cayo Costa & no powers to employ counsel, and Notice of
unconstitutional resolution, or 569/875, and takings by Jorg Busse (Attachments: # 1
Exhibit, # 2 Exhibit)(kma) (Entered: 12/05/2007)
12/07/2007 279 PLAINTIFF'S NOTICE of complaint against defendant Lee County Assistant Attorney
Jack Neil Peterson with the Florida Commission on Ethics filed by Jorg Busse. (JS)
(Entered: 12/10/2007)
12/11/2007 280 OPINION AND ORDER adopting 252 Amended Report and Recommendations and
granting defendant's 97 Motion for Rule 11 Sanctions as set forth in the Opinion and
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Order. See Opinion and Order for details. Signed by Judge John E. Steele on
12/11/2007. (RKM) (Entered: 12/11/2007)
12/11/2007 281 ORDER denying 212 Motion for Sanctions. Signed by Judge John E. Steele on
12/11/2007. (AFR) (Entered: 12/11/2007)
12/14/2007 282 THIRD AMENDED COMPLAINT against State of Florida Department of
Environmental Protection, and Division of Recreation and Parks, Lee County, Florida,
Kenneth M. Wilkinson, Lee County Attorney, Board of Lee County Commissioners,
The Lee County Property Appraiser, State of Florida, Board of Trustees of the Internal
Improvement Trust Fund filed by Jorg Busse. Related document: 102 Second Amended
complaint, filed by Jorg Busse. (Attachments: # 1 Exhibit A & B)(JS)DOCUMENT
STRICKEN pursuant to order DOC. 284 Modified on 12/21/2007 (JS). (Entered:
12/14/2007)
12/18/2007 283 MOTION to strike 282 Amended complaint, by Board of Lee County Commissioners.
(Peterson, Jack) (Entered: 12/18/2007)
12/20/2007 284 ORDER granting in part and denying in part 283 Motion to strike. The Defendants Lee
County Florida et. al.s, Motion to Strike (Doc. # 283) is GRANTED. The Clerk of the
Court shall STRIKE the Plaintiffs Third Amended Complaint from the Record. The
Defendants Lee County Florida et. al.s, Motion to Close the Case (Doc. # 283) is
DENIED without prejudice. Signed by Magistrate Judge Sheri Polster Chappell on
12/20/2007. (LAG) (Entered: 12/20/2007)
12/26/2007 285 MOTION to dismiss Case and Close File by The Lee County Property Appraiser.
(Johnson, Sherri) (Entered: 12/26/2007)
01/11/2008 286 PLAINTIFF'S MOTION for permission to file his ordered third amended complaint
and permission from the assigned United States Magistrate Judge after review for
frivolity by Jorg Busse. (JS) (Entered: 01/11/2008)
01/11/2008 287 ORDER granting 286 Motion for leave to file Third Amended Complaint. The Clerk is
directed to file the Plaintiff's Third Amended Complaint attached to this order.. Signed
by Magistrate Judge Sheri Polster Chappell on 1/11/2008. (Attachments: # 1Third
Amended Complaint) (JS) (Entered: 01/11/2008)
01/11/2008 288 THIRD AMENDED COMPLAINT against Jack N. Peterson, State of Florida
Department of Environmental Protection, and Division of Recreation and Parks, Lee
County, Florida, Kenneth M. Wilkinson, Lee County Attorney, Board of Lee County
Commissioners, The Lee County Property Appraiser, State of Florida, Board of
Trustees of the Internal Improvement Trust Fund filed by Jorg Busse. Related document:
102 Amended complaint,, filed by Jorg Busse.(JS) (Entered: 01/11/2008)
01/11/2008 289 ORDER that the Plaintiff is GRANTED leave to file his Response to Document 280 and
permission to file after review received on December 31, 2007, which the Court
construes as a Motion for Clarification as to the District Court's Order (Doc. #280).
The Clerk is directed to file that attached document as a Motion for Clarification. Signed
by Magistrate Judge Sheri Polster Chappell on 1/11/2008. (Attachments: # 1 Plaintiff's
Response to Document #280 and permission to file after reveiew)(JS) (Entered:
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01/11/2008)
01/11/2008 290 MOTION for clarification re 280 Order on report and recommendations by Jorg Busse.
(JS) (Entered: 01/11/2008)
01/14/2008 292 ORDER that the Plaintiff Jorge Busse's Notice of Motion for Summary Judgment on
Liability for 42U.S.C. 1983 Deprivations, Trespass, Takings and Permission to file after
review shall not be filed with the Court. The Plaintiff Jorg Busse's Two (2) Copies of his
Motion for Summary Judgment on Liability for 42 U.S.C. 1983 Deprivations shall not
be filed with the Court. The Plaintiff Jorg Busse's Notice of Violations of Rule of
Discipline 4.8.4(g) by Counsel H.G. Vielhauer shall not be filed with the Court. The
Plaintiff's duplicative copies of his Third Amended Complaint. The Clerk is hereby
directed to return all of the above listed documents to the Plaintiff. See order for details.
Signed by Magistrate Judge Sheri Polster Chappell on 1/14/08. (JS) (Entered:
01/15/2008)
01/14/2008 293 ORDER that the Clerk of Court is hereby directed to file with the Court: (1) The Plaintiff
Jorge Busse's Notice of Review of Third Amended Complaint by Donald E. Puchalski,
Esq. and Motion for Permission to file his Ordered Third Amended Complaint (2) The
Plaintiff Jorge Busse's Notice of Review of Third Amended Complaint by Pacific Legal
Foundation and Motion for Permission to File his ordered Third Amended Complaint.
Signed by Magistrate Judge Sheri Polster Chappell on 1/14/08. (JS) (Entered:
01/15/2008)
01/14/2008 294 NOTICE of review of third amended complaint by Donald E. Puchalski, Esq., and
motion for permission to file his ordered third amended complaint and permission from
the assigned United States Magistrate Judge after review for frivolty by Jorg Busse
(Received 12/26/07) (JS) (Entered: 01/15/2008)
01/14/2008 295 NOTICE of review of third amended complaint by Pacific Legal Foundation and
Motion for permission to file his ordered third amended complaint and permission from
the assigned United States Magistrate Judge after review for frivolty by Jorg Busse
(Received on 12/26/07) (JS) (Entered: 01/15/2008)
01/14/2008 296 ORDER that Plaintiff Jorg Busse's Motion to Strike Defendant County's Motion to
Strike (Doc. #283) pursuant to Fed. R. Civ. P. 12 and 11 and for permission to File his
submitted pleadings from the Court is GRANTED. The Clerk of Court is hereby
directed to file the Motion with the Court. Signed by Magistrate Judge Sheri Polster
Chappell on 1/14/08. (JS) (Entered: 01/15/2008)
01/14/2008 297 MOTION to strike Defendant County's motion to Strike (Doc. #283) pursuant to
F.R.C.P. 12 and 11, and for permission to file his submitted pleadings from the Court
and assigned United States Magistrate Judge after review by Jorg Busse. (Received
12/26/07) (JS) (Entered: 01/15/2008)
01/14/2008 298 ORDER that the Plaintiff Jorg Busse's Request for Leave to File with the Court his
Notice of Motion and Motion for a Preliminary Injunction received on December 31,
2007, and the Plaintiff, Jorge Busse's Motion for Preliminary Injunction received on
December 31, 2007, is DENIED. The Clerk is directed to return the documents to the
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Plaintiff. Signed by Magistrate Judge Sheri Polster Chappell on 1/14/08. (JS) (Entered:
01/15/2008)
01/14/2008 299 ORDER that the Clerk shall file with the Court the Plaintiff Jorg Busse's Specific
Objections to the Honorable Magistrate Judge's Order to Strike Plaintiff's Third
Amended Complaint from the record (Doc. #284) and Motion for Leave of the Court
to file his pleadings so that Plaintiff will not be cut off from Judicial Access. Signed by
Magistrate Judge Sheri Polster Chappell on 1/14/08. (JS) (Entered: 01/15/2008)
01/14/2008 300 PlAINTIFF'S specific objections to Hon. Magistrate Judge's order to strike Plaintiff's
Third Amended Complaint form the record (Doc. #284) and motion for leave of Court
to file his pleadings so that plaintiff will not be cut off from judicial access filed by Jorg
Busse. (Received on 1/2/08) (JS) (Entered: 01/15/2008)
01/14/2008 301 ORDER that the Clerk of Court is hereby directed to file the Plaintiff Jorg Busse's
Motion to Strike the Defendant Appraiser's Motion to Dismiss and Close File (Doc.
#285) pursuant to F.R.C.P. 12 and 11, to Order the Void Defense and Claim of or
569/875 Stricken, and for permission to file his submitted pleadings from the Court.
Signed by Magistrate Judge Sheri Polster Chappell on 1/14/08. (JS) (Entered:
01/15/2008)
01/14/2008 302 MOTION to strike 285 MOTION to dismiss Case and Close File pursuant to
F.R.C.P. 12 and 11, to order the void defense and claim of or 569/875 stricken, and
for permission to file his submitted pleadings from the Court and assigned United States
Magistrate Judge after review by Jorg Busse. (Received on 1/4/08) (JS) (Entered:
01/15/2008)
01/15/2008 291 Joint MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Cause
of Action by State of Florida Department of Environmental Protection, and Division of
Recreation and Parks, State of Florida, Board of Trustees of the Internal Improvement
Trust Fund. (Russell, Reagan) (Entered: 01/15/2008)
01/22/2008 303 MOTION to Dismiss for Lack of Jurisdiction by The Lee County Property Appraiser.
(Johnson, Sherri) (Entered: 01/22/2008)
01/24/2008 304 MOTION to dismiss Third Amended Complaint by Board of Lee County
Commissioners. (Attachments: # 1 Exhibit A through C)(Peterson, Jack) (Entered:
01/24/2008)
02/12/2008 305 ORDER denying the Plaintiff Jorge Busse Leave to File an Expert Report and Survey
for Defendant State of Floirda by Johnson Engineering, Inc., Civil Engineers and Land
Surveyors, in Support of the Plaintiffs Motion for Summary Judgment and Injunctive
Relief. The Clerk is directed to return the document to the Plaintiff. Signed by Magistrate
Judge Sheri Polster Chappell on 2/12/2008. (LMH) (Entered: 02/12/2008)
02/22/2008 306 ORDER. The Plaintiff Jorg Busses Request for Leave to File the Plaintiffs Notice of
Correspondence with the Florida Bar and Motion for Leave of Court to File After
Review by the Honorable Magistrate Judge submitted on January 28, 2008, is
DENIED. The Plaintiff Jorg Busses Request for Leave of Court to File Jorg Busses
Affidavit that Alleged Lee County or 569/875 was Null and Void Ab Initio and a
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Foreclose Claim submitted on January 16, 2008, is DENIED.The Clerk of the Court is
hereby directed to return all copies of the documents to the Plaintiff Jorg Busse. Signed
by Magistrate Judge Sheri Polster Chappell on 2/22/2008. (LMH) (Entered:
02/22/2008)
02/22/2008 307 ORDER denying the Plaintiff Jorg Busses Request for Leave to File an Amended
Complaint in a related State Court action in the Circuit Court of the Twentieth Judicial
District in and for Lee County Florida. Signed by Magistrate Judge Sheri Polster
Chappell on 2/22/2008. (LMH) (Entered: 02/22/2008)
02/22/2008 308 ORDER, The Plaintiff Jorg Busses Request for Leave to File Notice of Plaintiff
Complainants Rebuttal: the Florida Bar/ Supreme Court Complaint against Jack Neil
Peterson is DENIED. The Plaintiff Jorg Busses Request for Leave to File Notice of
Plaintiff Complainants Rebuttal: the Florida Bar/ Supreme Court Complaint against
Harold George Vielhauer is DENIED. The Clerk of the Court is hereby directed to
return the documents to the Plaintiff Jorg Busse. Signed by Magistrate Judge Sheri
Polster Chappell on 2/22/2008. (LMH) (Entered: 02/22/2008)
02/22/2008 309 ORDER. The Plaintiff Jorg Busses Request for Leave to File the Plaintiffs Notice of
Expert Report and Sealed Survey in Support of His Motion for Summary Judgment and
Preliminary Injunction submitted on February 5, 2008, is DENIED. The Plaintiff Jorg
Busses Request for Leave of Court to File the Plaintiffs Disclosure of Expert Testimony
Under Fed. R. Civ. P. 26(a)(2), 26(e) to Secure Just, Speedy, Inexpensive
Determination of this Action Pursuant to the Hon. Courts Order (Doc. # 213) submitted
on February 15, 2008, is DENIED. The Clerk of the Court is hereby directed to return
all copies of the documents to the Plaintiff Jorg Busse Signed by Magistrate Judge Sheri
Polster Chappell on 2/22/2008. (LMH) (Entered: 02/22/2008)
02/22/2008 310 ORDER denying the Plaintiff Jorg Busses Request for Leave to File the Plaintiffs
Response to Defendant Lee Countys Intent to Quash Subpoena, Objection. The Clerk
is directed to return the document to the Plaintiff Jorg Busse. Signed by Magistrate
Judge Sheri Polster Chappell on 2/22/2008. (LMH) (Entered: 02/22/2008)
02/22/2008 311 ORDER granting the Plaintiff's request to file 298 291 303 304 . SEE ORDER FOR
DETAILS. Signed by Magistrate Judge Sheri Polster Chappell on 2/22/2008. (LMH)
(Entered: 02/22/2008)
02/22/2008 312 MOTION for protective order from March 5, 2008 Deposition by Board of Lee
County Commissioners. (Attachments: # 1 Exhibit)(Peterson, Jack) Motions referred to
Magistrate Judge Sheri Polster Chappell. (Entered: 02/22/2008)
02/22/2008 313 ORDER. The Plaintiff Jorg Busses Request for Leave to File Motion for Summary
Judgment on Liability for 42 U.S.C. § 1983 Deprivations, Trespass, and Takings and
Permission to File After Review and 20 Days [Dispositive] submitted on December 31,
2007, is DENIED. The Plaintiff Jorg Busses Request for Leave of Court to File His
Previously Submitted Motion for Summary Judgment After Review by the Honorable
Magistrate Judge and Plaintiffs Specific Objections to the Judges Orders submitted on
January 28, 2008, is DENIED. The Clerk of the Court is hereby directed to return all
copies of the Summary Judgment documents to the Plaintiff Jorg Busse. Signed by
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Magistrate Judge Sheri Polster Chappell on 2/22/2008. (LMH) (Entered: 02/22/2008)
02/22/2008 315 PLAIINTIFF'S SPECIFIC OBJECTIONS to Hon. Magistrate Judge's order denying
Plaintiff's motion for leave to file his notice and motion for a preliminary injunction re
Doc.# 298 and motion for preliminary injunction to preserve status quo and prevent
irreparable injury by Jorg Busse. (Received on 1/22/08; filed pursuant to order Doc.
311 ) (JS) (Entered: 02/26/2008)
02/22/2008 316 PLAINTIFF's MOTION to strike 291 Defendants' Joint MOTION to Dismiss for
Lack of Jurisdiction and for Failure to State a Cause of Action pursuant to F.R.C.P.
12(f) and 11, and for leave of Court to file after review by the Hon. Magistrate Judge by
Jorg Busse. (Received on 1/22/08; filed pursuant to order Doc. 311 ) (JS) (Entered:
02/26/2008)
02/22/2008 317 PLAINTIFF'S OBJECTIONS to and MOTION to strike Def. Appraiser's 303
MOTION to Dismiss for Lack of Jurisdiction and for leave of Court to file after review
by the Hon. Magistrate Judge by Jorg Busse. (Received on 1/28/08; filed pursuant to
order Doc. 311 ) (JS) (Entered: 02/26/2008)
02/22/2008 318 PLAINTIFF'S NOTICE of insufficiency, objections to, and estoppel, and MOTION to
strike 304 MOTION to dismiss Third Amended Complaint pursuant to F.R.C.P. 8, 11,
and 12, and for leave of Court to file after review by the Hon. Magistrate Judge by Jorg
Busse. (Received on 1/28/08; filed pursuant to Court order Doc. 311 ) (JS) (Entered:
02/26/2008)
02/25/2008 314 Emergency MOTION to quash Subpoena by The Lee County Property Appraiser.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Johnson, Sherri) (Entered: 02/25/2008)
02/27/2008 319 ORDER granting 314 he Defendant Lee County Property Appraiser's Emergency
Motion to Quash Subpoena. The subpoena served upon the County Appraiser on
February 19, 2008, directing the Lee County Property Appraiser to appear for a
deposition in Fort Myers on Wednesday, February 27, 2008 at 1:00pm is hereby
QUASHED. Signed by Magistrate Judge Sheri Polster Chappell on 2/27/2008. (LMH)
(Entered: 02/27/2008)
02/27/2008 320 ORDER granting in part and denying in part 312 the Defendant Lee County's Motion
for a Protective Order. SEE ORDER FOR DETAILS. Signed by Magistrate Judge
Sheri Polster Chappell on 2/27/2008. (LMH) (Entered: 02/27/2008)
02/29/2008 321 ORDER denying 302 plaintiff's Motion to strike ; denying 316 plaintiff's Motion to strike
; denying 317 plaintiff's Motion to strike ; denying 318 plaintiff's Motion to strike. The
Clerk is directed to correct the docket entries for document numbers 302, 316, 317 and
318 to reflect that they are Responses to document numbers 285, 291, 303, 304
respectively. Signed by Judge John E. Steele on 2/29/2008. (AFR) (Entered:
02/29/2008)
03/05/2008 322 ORDER for William Alfred Keyes, Jr. to comply with the administrative procedures
regarding electronic filing. Signed by Magistrate Judge Sheri Polster Chappell on
3/5/2008. (LAG) Modified on 3/6/2008 (LAG). (Entered: 03/05/2008)

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03/06/2008 323 MOTION to quash Subpoena for Deposition and Protective Order by Board of Lee
County Commissioners. (Peterson, Jack) (Entered: 03/06/2008)
03/06/2008 324 Joint MOTION to stay discovery by State of Florida Department of Environmental
Protection, and Division of Recreation and Parks, Lee County, Florida, Board of Lee
County Commissioners, The Lee County Property Appraiser, State of Florida, Board of
Trustees of the Internal Improvement Trust Fund. (Johnson, Sherri) Motions referred to
Magistrate Judge Sheri Polster Chappell. (Entered: 03/06/2008)
03/07/2008 325 MOTION to quash Subpoena by The Lee County Property Appraiser. (Attachments: #
1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Johnson, Sherri) (Entered:
03/07/2008)
03/12/2008 326 ORDER granting 324 the Defendants Joint Motion to Stay Discovery. The Discovery in
this case is STAYED pending the resolution of the Defendants' Motions to Dismiss. The
parties will have twenty (20) days after the Court's Ruling on the Motion to Dismiss to
file new proposed dates for the Case Management and Scheduling Order, if necessary,
for discovery and other pending deadlines. Signed by Magistrate Judge Sheri Polster
Chappell on 3/12/2008. (LMH) (Entered: 03/12/2008)
03/12/2008 327 ORDER granting 325 the Defendant Property Appraiser Ken Wilkensons Motion to
Quash Subpoena. The Plaintiff's Subpoena is hereby QUASHED. Signed by Magistrate
Judge Sheri Polster Chappell on 3/12/2008. (LMH) (Entered: 03/12/2008)
03/12/2008 328 ORDER denying 323 the Defendant Lee Countys Motion to Quash Subpoena. Signed
by Magistrate Judge Sheri Polster Chappell on 3/12/2008. (LMH) (Entered:
03/12/2008)
03/17/2008 330 MOTION to quash Subpoenas by The Lee County Property Appraiser. (Attachments:
# 1 Exhibit A, # 2 Exhibit B)(Johnson, Sherri) (Entered: 03/17/2008)
03/18/2008 331 ORDER staying the Case Management and Scheduling Order pending a ruling by the
District Court on the Defendants Motions to Dismiss. An Amended Case Management
and Scheduling Order will be issued at a later date. Signed by Magistrate Judge Sheri
Polster Chappell on 3/18/2008. (LMH) (Entered: 03/18/2008)
03/19/2008 332 ORDER granting 330 the Defendant Property Appraisers Motion to Quash Subpoenas.
Pursuant to Order Doc. # 331, all discovery is hereby stayed and the depositions and
site inspection shall be cancelled. Signed by Magistrate Judge Sheri Polster Chappell on
3/19/2008. (LMH) (Entered: 03/19/2008)
03/25/2008 333 ORDER denying the Plaintiffs Request for Leave to File the Following Motions. a) The
Plaintiff Jorge Busse's Notice of Allegations Sufficient to Demonstrate that the
Honorable Court has Subject Matter Jurisdiction and Cannot Deny Defendants
Motion(s) to Dismiss, and Specific Objections, Memorandum, and Request for Review
by the Honorable District Judge Pursuant to Fed. R. Civ. P. 72(b) submitted on March
20, 2008; (b) The Plaintiff's Notice of Waiver of Sovereign Immunity Under Fla. Stat.
768.28 and Emergency Motion for Review of Erroneous Determinations as to (303,
304, 285, and 291) Defendants Motions to Dismiss and (234) Stay Discovery by the
Honorable Magistrate Judge et. el. Pursuant to Fed. R. Civ. P. 72, 73, 11, 12, and 56
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received on March 21, 2008; (c) The Plaintiffs second Emergency Motion the Plaintiffs
Memorandum and Emergency Motion for Review of Erroneous Determinations as to
(303, 304, 285, and 291) Defendants' Motions to Dismiss and (234) Stay Discovery by
the Honorable Magistrate Judge and for Rule 11 Sanctions Against Defendant
Appraiser and County Pursuant to Fed. R. Civ. P. 11, 72, 73, and 12, submitted on
March 24, 2008. (2) The Clerk is hereby directed to return the Plaintiff's documents to
him. (3) The Plaintiff may re-submit his proposed motions to the Court as directed in the
body of this order. (4) The Plaintiff must submit all of his proposed filings on white
paper. Signed by Magistrate Judge Sheri Polster Chappell on 3/25/2008. (LMH)
Modified on 3/28/2008 (LMH). (Entered: 03/25/2008)
04/14/2008 334 ORDER directing the Clerk to file plaintiff's Motion for Recusal of the Hon. Magistrate
Judge received on April 7, 2008. Signed by Judge John E. Steele on 4/14/2008.
(RKM) (Entered: 04/14/2008)
04/14/2008 335 PLAINTIFF'S MOTION for recusal of the Hon. Magistrate Judge and memorandum
by Jorg Busse. (Attachments: # 1 )(JS) (Entered: 04/15/2008)
04/18/2008 336 ORDER denying 335 Motion for Recusal of the Honorable Magistrate Judge. Signed by
Magistrate Judge Sheri Polster Chappell on 4/18/2008. (LAG) (Entered: 04/18/2008)
04/21/2008 337 ORDER cancelling Final Pretrial Conference scheduled for April 28, 2008 before the
undersigned. Signed by Judge John E. Steele on 4/21/2008. (RKM) (Entered:
04/21/2008)
05/05/2008 338 OPINION AND ORDER denying as moot 285 Motion to dismiss; granting 291
Motion to Dismiss for Lack of Jurisdiction; granting 303 Motion to Dismiss for Lack of
Jurisdiction; granting 304 Motion to dismiss. The Third Amended Complaint is
dismissed without prejudice as to all defendants and all claims. The Clerk shall enter
judgment accordingly, terminate all pending motions as moot, and close the case. Signed
by Judge John E. Steele on 5/5/2008. (RKM) (Entered: 05/05/2008)
05/06/2008 339 JUDGMENT Signed by Deputy Clerk on 5/6/2008. (kma) (Entered: 05/06/2008)
05/06/2008 340 NOTICE of unavailability by Jorg Busse from June 1, 2008 through July 31, 2008. (JS)
(Entered: 05/08/2008)
05/06/2008 341 NOTICE OF APPEAL as to 338 Order on motion to dismiss, Order on Motion to
Dismiss/Lack of Jurisdiction by Jorg Busse. Filing fee not paid. (JS) (Entered:
05/08/2008)
05/08/2008 342 ORDER. Upon Review of the Plaintiff Jorg Busses Emergency Objection to the
Honorable Courts Erroneous Opinion and Order (Doc. # 338) and Plaintiffs Appeal the
Motion should be FILED. Upon Review, the Plaintiffs submission of a Notice of
Unavailability from June 1, 2008, through July 31, 2008 should be FILED. The Clerk of
the Court is directed to file the Plaintiff Jorg Busses Emergency Objection to the
Honorable Courts Erroneous Opinion and Order (Doc. # 338) and Plaintiffs Appeal
and the the Plaintiffs submission of a Notice of Unavailability from June 1, 2008, through
July 31, 2008, with the Court. Signed by Magistrate Judge Sheri Polster Chappell on
5/8/2008. (LMH) (Entered: 05/08/2008)
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05/21/2008 343 ORDER. Upon review of the Plaintiff Jorg Busses filings (1) Motion for Prejudicial
Judgment and Order (Doc. # 339, 338) which Wrongfully Asserted Execution of Null
and Void Lee County O.R. 569/875 and Memorandum shall be RETURNED to the
Plaintiff Jorg Busse. (2) The Plaintiffs Notice of Filing in Support of His Notice of
Appeal (Doc. # 341) submitted May 13, 2008, Shall be RETURNED to the Plaintiff
Jorg Busse.(3) The Plaintiffs Notice of Filing in Support of His Notice of Appeal (Doc.
# 341) submitted May 13, 2008; and the Plaintiffs Motion for Reversal of Prejudicial
Judgment and Order (Doc. # 339, 338), Because Defendants Defrauded Plaintiff (for
which there is no remedy under Florida law); Motion for Judicial Notice of Defendants
02/22/1999 letter (#31-5) submitted on May 16, 2008, shall be FILED with the Court.
Signed by Magistrate Judge Sheri Polster Chappell on 5/21/2008. (LMH) (Entered:
05/21/2008)
05/21/2008 344 SUPPLEMENT re 341 Notice of appeal by Jorg Busse. (Attachments: # 1 Exhibit)
(Filed pursuant to Court's order entered on 5/21/08)(JS) (Entered: 05/23/2008)
06/02/2008 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 341 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 06/02/2008)
06/02/2008 345 NOTICE of filing his appeal in the U.S. Court of Appeals for the 11th Circuit by Jorg
Busse (Attachments: # 1 Exhibit)(kma) (Entered: 06/02/2008)
06/02/2008 TRANSMITTAL to USCA forwarding certified copy of 345 notice with updated
docket sheet re 341 Notice of appeal (kma) (Entered: 06/02/2008)
06/16/2008 USCA appeal fees received $ 455 receipt number F011089 re 341 Notice of appeal
filed by Jorg Busse (kma) (Entered: 06/20/2008)
06/20/2008 TRANSMITTAL to USCA forwarding certified copy of docket sheet indicating
payment of appellate fees re 341 Notice of appeal USCA number: 08-13170B. (kma)
(Entered: 06/20/2008)
07/02/2008 346 COURT REPORTER ACKNOWLEDGMENT by Martina Reporting Services re 341
Notice of appeal (kma) (Entered: 07/09/2008)
08/27/2008 347 CERTIFICATE of readiness sent to USCA re: 341 Notice of appeal. ROA consists of:
volume of pleadings: 11 volume of transcripts: 1 USCA number: 08-13170B (kma)
(Entered: 08/27/2008)
08/27/2008 RECORD on appeal sent to USCA re 341 Notice of appeal. Transmittal includes
certified copy of docket sheet, volume of pleadings: 11, volume of transcripts: 1, (kma)
(Entered: 08/27/2008)
09/12/2008 348 MOTION for issuance of order to show cause by State of Florida Department of
Environmental Protection, and Division of Recreation and Parks, State of Florida, Board
of Trustees of the Internal Improvement Trust Fund. (Russell, Reagan) (Entered:
09/12/2008)
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09/12/2008 349 MOTION for issuance of For Order to Show Cause by Board of Lee County
Commissioners. (Attachments: # 1 Exhibit "A")(Peterson, Jack) Motions referred to
Magistrate Judge Sheri Polster Chappell. (Entered: 09/12/2008)
09/17/2008 350 ORDER granting 348 the Defendant State of Florida Board of Trustees of Internal
Improvement Trust Fund and Floirda Department of Environemental Protection, Motion
for Order to Show Cause Why the Plaintiff Should Not be Held in Contempt of Court;
granting 349 the Defendant Lee County's Motion for an Order to Show Cause. The
Plaintiff Jorge Busse is directed by Monday, September 27, 2008. to file in writing good
cause as to why he should not be held in contempt for violating the Court's Protective
Orders. Signed by Magistrate Judge Sheri Polster Chappell on 9/17/2008. (LMH)
(Entered: 09/17/2008)
09/18/2008 351 PLAINTIFF APPELLANT'S RESPONSE to Defendants' State of Florida, et al.
Motion for order to show cause and EMERGENCY MOTION to strike Court order
[Doc. #130] by Jorg Busse. (Attachments: # 1 Exhibit Appellant's Motion to sanction
appellees state for filing a frivolous motion in the lower Court and to enjoin their illegal
trespass onto appellant's Lot 15A)(JS) (Entered: 09/18/2008)
09/22/2008 352 PLAINTIFF APPELLANT'S EMERGENCY MOTION to strike order by corrupt
Magistrate Judge Polster Chappell as vague and ambiguous by Jorg Busse. (JS)
(Entered: 09/22/2008)
09/22/2008 353 APPELLANT'S EMERGENCY MOTION to strike Order 350 by corrupt Magistrate
Judge Polster Chappell as unintelligent and unsupported by Jorg Busse. (JS) (Entered:
09/22/2008)
09/22/2008 354 PLAINTIFF APPELLANT'S MOTION for recusal of Magistrate Judge Polster
Chappell and Notice of filing of supporting pleadings by Jorg Busse. (Attachments: # 1
)(JS) (Entered: 09/22/2008)
09/22/2008 355 PLAINTIFF APPELLANT'S NOTICE of filing of criminal charges against District
Judge John E. Steele to the Chief Judge of The U.S. District Court, and EMERGENCY
MOTION for recusal of Judge John E. Steele by Jorg Busse. (JS) (Entered:
09/22/2008)
09/22/2008 356 PLAINTIFF APPELLANT'S EMERGENCY MOTION to strike order by corrupt
Magistrate Judge Polster Chappell as vague and ambiguous by Jorg Busse. (JS)
(Entered: 09/22/2008)
09/29/2008 357 ORDER denying 354 the Plaintiff Jorg Busse's Motion for the Recusal of Magistrate
Judge Polster Chappell; denying as moot 356 the Plaintiff Jorg Busse's Emergency
Motion to Strike by Corrupt Magistrate Judge Polster Chappell as Vague and
Ambiguous. The Plaintiff Jorg Busse filed his Response to the Courts Order to Show
Cause 351 therefore, no further action is Required on the Order to Show Cause. The
Plaintiff is hereby directed to cease filing Motions and Notices in this case. All Motions
and Filings will be returned. Future filings in disregard of the Courts Order may result in
sanctions by this or the District CourtSigned by Magistrate Judge Sheri Polster Chappell
on 9/29/2008. (LMH) (Entered: 09/29/2008)
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10/01/2008 358 ORDER denying 351 Motion to strike; denying 355 Motion for recusal. The Clerk shall
forward a copy of the 355 Notice of filing of criminal charges to the Chief Judge of the
United States District Court for the Middle District of Florida. Signed by Judge John E.
Steele on 10/1/2008. (RKM) (Entered: 10/01/2008)
10/07/2008 359 ORDER denying as moot 352 the Plaintiff Jorg Busse's Emergency Motion to Strike
Order by Corrupt Magistrate Judge Polster Chappell as Vague and Ambiguous; denying
as moot 353 the Plaintiff Jorg Busse's Emergency Motion to Strike Order (Doc. # 350)
by Corrupt Magistrate Judge Polster Chappell as Unintelligent and Unsupported. Signed
by Magistrate Judge Sheri Polster Chappell on 10/7/2008. (LMH) (Entered:
10/07/2008)
05/04/2009 360 NOTICE OF APPEAL from case-fixing/bribery, corruption, conspiracy under false
pretenses of eminent domain fraud-scheme O.R. 569/875 in the U.S. District Court;
Notice of fraud, false pretenses, deliverate deprivations, and concoction that forgery
O.r. 569/875 is a "Legislative Act" by John Edwin Steele and S. Polster-Chappell;
Notice of appeal from crimes by Steele and Polster-Chappell by Jorg Busse. (kma)
(Entered: 05/06/2009)
05/06/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 360 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 05/06/2009)
05/18/2009 361 APPEAL from judicial fraud and corruption under color of scam OR 569/875;
05/09/2009 'Emergency motions for injunctive relief from eminent domain fraud-scheme
O.R. 569/875, judicial corruption...' in support of notice of appeal, from case-
fixing/bribery, corruption, conspiracy under false pretenses of eminent domain fraud-
scheme O.R. 569/875 in the U.S. District Court; Notice of fraud, false pretenses,
deliberate deprivations, and concoction that forgery O.R. 569/875 was a "Legislative
Act" by John Edwin Steele and S. Polster-Chappell; Notice of appeal from crimes by
Steele and Polster-Chappell by Jorg Busse. Filing fee not paid. (kma) (Entered:
05/20/2009)
05/18/2009 362 APPEAL from judicial fraud and corruption under color of scam O.R. 569/875;
'Emergency motion for potective order and notice of sworn statements in State of
Florida v. John Edwin Steele' in support of notice of appeal, from casefixing/bribery,
corruption, conspiracy under false pretenses of eminent domain fraud-scheme O.R.
568/875 in the U.S. District Court; Notice of fraud, false pretenses, deliberate
deprivations, and concoction that forgery O.R. 569/875 was a "Legislative Act" by John
Edwin Steele and S. Polster-Chappell; Notice of appeal from crimes by Steele and
Polster-Chappell by Jorg Busse. Filing fee not paid. (kma) (Entered: 05/20/2009)
05/18/2009 363 APPEAL from judicial fraud and corruption under color of scam O.R. 569/875;
'Memorandum regarding obstruction of justice by the Federal Courts pursuant to 18
USC 1503 in support of notice of appeal from case-fixing/bribery, corruption,
conspiracy under false pretenses of eminent domain fraud-scheme O.R. 569/875 in the
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U.S. District Court; Notice of fraud, false pretenses, deliberate deprivations, and
concoction that forgery O.R. 569/875 was a "Lesgislative Act" by John Edwin Steele
and S. Polster-Chappell; notice of appeal from crimes by Steele and Polster-Chappell
by Jorg Busse. Filing fee not paid. (kma) (Entered: 05/20/2009)
05/20/2009 364 APPEAL from judicial fraud and corruption under color of scam O.R. 569/875;
03/31/2009 complaint of judicial misconduct/disability in support of notice of appeal,
from case-fixing/bribery, corruption, conspiracy under false pretenses of eminent domain
fraud-scheme O.R. 569/875 in the U.S. District Court; Notice of fraud, false pretenses,
deliberate deprivations, and concoction that forgery O.R. 569/875 was a "Legislative
Act" by John Edwin Steele and S. Polster-Chappell; Notice of appeal from crimes by
Steele and Polster-Chappell by Jorg Busse. Filing fee not paid. (kma) (Entered:
05/20/2009)
05/26/2009 TRANSMITTAL to USCA forwarding certified copy of 361 , 362 , 363 and 364 with
updated docket sheet (kma) (Entered: 05/26/2009)
06/15/2009 365 USCA judgment (certified copy) affirming the decision of the District Court as to 341
Notice of appeal filed by Jorg Busse Entered on docket 03/05/09. USCA number: 08-
13170-BB. Issued as Mandate on: 06/11/09 (slp) (Entered: 06/16/2009)
06/24/2009 366 ORDER of USCA that this appeal is dismisses, sua sponte, for lack of jurisdiction as to
360 Notice of appeal filed by Jorg Busse. The demands listed in Busse's notice of
appeal are dismissed as moot. EOD: 06/22/09; USCA number: 09-12372B. (kma)
(Entered: 06/24/2009)
07/07/2009 367 NOTICE OF APPEAL from case-fixing, bribery fraudelently begotten judgment(s) and
rulings, and fraud on the Court under false pretenses that forged "land" "claim"
"O.R.569/875" was a "resolution"; Notices of Appellees' concealment of appellants'
marketable, perfected, unencumbered, and exclusive title to gulf-front land parcel PID
12-44-20-01-00015.015A, PB 3, PG 25, and MOTION to reverse/ correct fraudulent
judgment(s) absent any evidence of any "claim" under 712.02 F.S., and NOTICE of
marketability of appellant(s) [Free and Clear] title and extinction of Appellees' fake
"claim" O.R. 569/875" by Jorg Busse. Filing fee not paid. (Attachments: # 1 Exhibit)(JS)
(Entered: 07/07/2009)
07/07/2009 368 NOTICE OF APPEAL from case-fixing, bribery fraudulently begotten judgment(s) and
rulings, and fraud on the Court under false pretenses that forged "land" "claim" "O.R.
569/875" was a "resolution"; Notice of Appellees' concealment of appellants'
marketable, perfected, unencumbered, and exclusive title to Gulf-Front land parcel PID
12-44-20-01-00015.015A, PB 3, PG 25 by Jorg Busse. Filing fee not paid.
(Attachments: # 1 )(JS) (Entered: 07/07/2009)
07/07/2009 369 NOTICE OF APPEAL from case-fixing, bribery fraudulently begotten judgment(s) and
rulings and fraud on the Court under false pretenses that forged "land" "claim" "O.R.
569-875" was a "resolution"; Notices of appellees' concealment of Appellants'
marketable, perfected, unencumbered, and exclusive title to Gulf-front land parcel PID
12-44-20-01-00015.015A, PB 3 PG 25, and MOTION for reconsideration/reversal
of 06/17/09 order, injunctive relief from forged & false claim O.R. 569/875, and Notice
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of fraud on the Court [##09-10752;09-11305-DD] by Jorg Busse. Filing fee not paid.
(Attachments: # 1 Exhibit)(JS) (Entered: 07/07/2009)
07/08/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 367 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 07/08/2009)
07/08/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 368 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 07/08/2009)
07/08/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 369 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (kma) (Entered: 07/08/2009)
08/07/2009 370 NOTICE OF APPEAL by Jorg Busse. Filing fee not paid. (Attachments: # 1
Exhibit)(JS) (Entered: 08/10/2009)
08/10/2009 371 NOTICE OF APPEAL by Jorg Busse. Filing fee not paid. (Attachments: # 1
Exhibit)(JS) (Entered: 08/11/2009)
08/12/2009 372 NOTICE OF APPEAL by Jorg Busse. Filing fee not paid. (Attachments: # 1 Exhibit
)(JS) (Entered: 08/14/2009)
08/12/2009 373 NOTICE OF APPEAL by Jorg Busse. Filing fee not paid. (Attachments: # 1
Exhibit)(JS) (Entered: 08/14/2009)
08/18/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 370 Notice of appeal. (kma) (Entered: 08/18/2009)
08/18/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 371 Notice of appeal. (kma) (Entered: 08/18/2009)
08/18/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 372 Notice of appeal. (kma) (Entered: 08/18/2009)
08/18/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 373 Notice of appeal. (kma) (Entered: 08/18/2009)
09/14/2009 374 ORDER of USCA (certified copy) dismissing non-consolidated appeals, sua sponte, for
lack of jurisdiction as to 367 Notice of appeal filed by Jorg Busse. EOD: 09/10/09;
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USCA number: 09-13517-F. (slp) (Entered: 09/14/2009)
09/14/2009 375 ORDER of USCA (certified copy) dismissing non-consolidated appeals, sua sponte, for
lack of jurisdiction as to 368 Notice of appeal filed by Jorg Busse. EOD: 09/10/09;
USCA number: 09-13519-F. (slp) (Entered: 09/14/2009)
09/14/2009 376 ORDER of USCA (certified copy) dismissing non-consolidated appeals, sua sponte, for
lack of jurisdiction as to 369 Notice of appeal filed by Jorg Busse. EOD: 09/10/09;
USCA number: 09-13522-F. (slp) (Entered: 09/14/2009)
09/17/2009 377 ORDER of USCA (certified copy) dismissing for want of prosecution as to 370 Notice
of appeal filed by Jorg Busse. EOD: 09/15/09; USCA number: 09-14281-F. (slp)
(Entered: 09/21/2009)
09/17/2009 378 ORDER of USCA (certified copy) dismissing for want of prosecution as to 371 Notice
of appeal filed by Jorg Busse. EOD: 09/15/09; USCA number: 09-14282-F. (slp)
(Entered: 09/21/2009)
09/17/2009 379 ORDER of USCA (certified copy) dismissing for want of prosecution as to 372 Notice
of appeal filed by Jorg Busse. EOD: 09/15/09; USCA number: 09-14284-F. (slp)
(Entered: 09/21/2009)
09/17/2009 380 ORDER of USCA (certified copy) dismissing for want of prosecution as to 373 Notice
of appeal filed by Jorg Busse. EOD: 09/15/09; USCA number: 09-14285-F. (slp)
(Entered: 09/21/2009)
10/26/2009 381 MOTION for relief from judgment re 339 Judgment by Jorg Busse. (Attachments: # 1
Exhibit)(SLU) (Entered: 10/26/2009)
10/29/2009 382 MOTION for relief from judgment re 339 Judgment by Jorg Busse. (Attachments: # 1
Exhibit)(SLU) (Entered: 10/29/2009)
10/29/2009 383 MOTION for miscellaneous relief, specifically to enforce Def. J.E. Steele's previous
recusal by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 10/29/2009)
11/02/2009 384 ORDER denying as moot 381 Motion for relief from judgment; denying as moot 382
Motion for relief from judgment; denying as moot 383 Motion to enforce recusal. Signed
by Judge John E. Steele on 11/2/2009. (RKM) (Entered: 11/02/2009)
11/12/2009 385 ORDER of USCA that the motion to alter or amend the judgment is denied as to 373
Notice of appeal filed by Jorg Busse. EOD: 07/28/09; USCA number: 08-13170BB.
(kma) (Entered: 11/23/2009)
11/30/2009 386 MOTION for writ of execution and Incorporated Memorandum of Law by Kenneth
M. Wilkinson, The Lee County Property Appraiser. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit
G)(Peterson, Jack) Motions referred to Magistrate Judge Sheri Polster Chappell.
(Entered: 11/30/2009)
12/03/2009 388 NOTICE OF APPEAL and fraud on court; Plaintiffs' NOTICE of appeal and
independent action for fraud and fraud on courts by Jorg Busse. Filing fee not paid.

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(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6
Exhibit)(kma) (Entered: 12/08/2009)
12/04/2009 389 EMERGENCY MOTIONS for relief from extrinsic fraud, fraud on courts, and
fraudulent judgment & execution; EMERGENCY MOTION to enjoin fraudeulent
judgments and execution of fraudulent judgments pursuant to independent action(s) for
relief such as Case 9:09-cv-82359-KLR, FLSD; NOTICE of no authority to enforce
fraudulent judgment by Jorg Busse. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, #
4 Exhibit)(kma) (Entered: 12/08/2009)
12/04/2009 390 NOTICE OF APPEAL and fraud on court; NOTICE of appeal and independent
action, 9:09-cv-82359-KLR, FLSD, for relief from extrinsic fraud, fraud on courts, and
fraudelently procured orders/denials, Doc ##384, 11/2/09;385, 11/4/09, and
fraudulently procured motion, Doc.# 386 (11/30/09) under false pretenses of "frivolity"
by Jorg Busse. Filing fee not paid. (kma) (Entered: 12/08/2009)
12/04/2009 391 EMERGENCY MOTIONS for relief from extrinsic fraud, fraud on courts, and
fraudulent judgment & execution; NOTICE of emergency motion to enjoin fraudulent
judgments and execution of fraudulent judgments in independent actions for relief, Case
9:09-cv-82359-KLR, FLSD; NOTICE of no authority to enforce facially fraudulent
judgment; MOTION to enjoin facially fraudulent & unauthorized execution by Jorg
Busse. (Attachments: # 1 Exhibit, # 2 Exhibit)(kma) (Entered: 12/08/2009)
12/07/2009 387 NOTICE of appeal and fraud on court; NOTICE of criminal case fixing, extrinsic fraud,
bribery as proven in "related" case(s) #2:09-cv-791-UA-SPC * 9:09-cv-82359-KLR
by Jorg Busse (Attachments: # 1 Exhibit)(SLU) (Entered: 12/07/2009)
12/08/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 388 Notice of appeal. (kma) (Entered: 12/08/2009)
12/08/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 390 Notice of appeal. (kma) (Entered: 12/08/2009)
12/08/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 387 Notice of appeal (kma) (Entered: 12/08/2009)
12/08/2009 392 NOTICE OF APPEAL and motions for relief from fraud on court(s) pending; 60(b)
MOTION for relief from governmental corruption and fraud pursuant to de novo record
evidence of gov. crimes & corruption; NOTICE of corruption, criminal case fixing,
extrinsic fraud by named defendant corrupt Judge John E. Steele, who dis-allowed the
plaintiff(s) "to assert" the truth and obstructed justice; ADOPTION by reference of
independent action for relief from extrinsic fraud, fraud on the courts, and public
corruption: Cases ##9:09-cv-82359-KLR; 2:09-cv-00791-UA-SPC; 2:09-cv602-
UA-MAP by Jorg Busse. Filing fee not paid. (kma) (Entered: 12/09/2009)
12/08/2009 393 NOTICE OF APPEAL and motions for relief from fraud on court(s) pending;
CORRUPTION, criminal case fixing & extrinsic fraud notification William E. Kennard,
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U.S. Ambassador to the EU by Jorg Busse. Filing fee not paid. (kma) (Entered:
12/09/2009)
12/09/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 392 Notice of appeal. (kma) (Entered: 12/09/2009)
12/09/2009 394 MOTION for miscellaneous relief, specifically for relief from on court(s) pending; Public
corruption record evidence in support of 60(b) motion for relief from Governmental
corruption and fraud pursuant to de novo record evidence of Gov. crimes and
corruption; Notice of corruption, criminal case fixing, extrinsic fraud by named defendant
corrupt Judge John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and
obstructed justice & law; Adoption by reference of independent actions for relief from
extrinsic fraud, fraud on the courts, and public corruption: cases ##9:09-CV-82359-
KLR; 2:09-CV-00791-UA-SPC; 2:09-CV-602-UA-MAP by Jorg Busse.
(Attachments: # 1 Exhibit)(SLU) (Entered: 12/10/2009)
12/09/2009 400 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
Governmental corruption & fraud: transcript evidencing extrinsic governmental fraud;
Deposition of Jack N. Peterson on 02/29/2008; Notice of corruption, criminal case
fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele, who dis-
allowed plaintiff(s) "to assert" the truth and obstructed justice & law by Jorg Busse.
(Attachments: # 1 Exhibit)(SLU) (Entered: 12/10/2009)
12/09/2009 401 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
Governmental corruption & fraud: fraudulent concealment of public corruption &
"frivolity" fraud; notice of corruption, criminal case fixing, extrinsic fraud by named
defendant corrupt Judge John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth
and obstructed justice & law by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered:
12/10/2009)
12/09/2009 402 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
Governmental corruption & fraud: supportive pleadings evidencing extrinsic judicial
fraud #15; Notice of corruption, criminal case fixing, extrinsic fraud by named defendant
corrupt Judge John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and
obstructed justice & law by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered:
12/10/2009)
12/10/2009 395 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
Public corruption record evidence in support of 60(b) motion for relief from
Governmental corruption & fraud supportive pleadings evidencing extrinsic judicial fraud
#13 unlawfully rejected pleadings & obstruction of justice and law; Notice of corruption,
criminal case fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele,
who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law by Jorg
Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/10/2009)

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12/10/2009 396 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
Public corruption record evidence in support of 60(b) motion for relief from
Governmental corruption & fraud supportive pleadings evidencing extrinsic judicial fraud
#12 extrinsic fraud of rejection of pleadings & obstruction of law; Notice of corruption,
criminal case fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele,
who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law by Jorg
Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/10/2009)
12/10/2009 397 MOTION for miscellaneous relief, specifically relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
Governmental corruption & fraud supportive pleadings evidencing extrinsic judicial fraud
#11 fraudulently rejected pleadings & obstructive of law & justice; notice of corruption,
criminal case fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele,
who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law by Jorg
Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/10/2009)
12/10/2009 398 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
Governmental corruption & fraud: transcript evidencing extrinsic Governmental fraud
Jack N. Peterson Deposition on 02/29/2008, Part II/II, pp 58-86; Notice of corruption,
criminal case fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele,
who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law by Jorg
Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/10/2009)
12/10/2009 399 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption timeline and docket evidence in support of 60(b) motion for relief from
Governmental corruption and fraud pursuant to de novo record evidence of Gov. crimes
& corruption; Notice of corruption, criminal fixing, extrinsic fraud by named defendant
corrupt Judge John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and
obstructed justice & law; adoption by reference of independent actions for relief from
extrinsic fraud, fraud on the courts, and public corruption: cases ##9:09-CV-82359-
KLR; 2:09-CV-00791-UA-SPC; 2:09-CV-602-UA-MAP by Jorg Busse.
(Attachments: # 1 Exhibit)(SLU) (Entered: 12/10/2009)
12/10/2009 403 NOTICE of extrinsic fraud on court and governmental corruption; MOTION for
miscellaneous relief, specifically for waiver of any and all appeal fees, which are the
direct and proximate result of facially fraudulent judgments, governmental corruption,
extrinsic fraud, fraud on the courts, extra-judicial fraud, breach of public trust, and
coercion under public policy and/or the rules; F.R.C.P. 60(b) motion for relief from
extrinsic extra-judicial fraud, governmental corruption, perjury, perversion of public
record under false pretenses of "frivolity" of the conclusive proof of the facial criminality,
illegality of fake "claim" "O.R. 569/875"; Notice of perjury by defendants Jack N.
Peterson, Roger Alejo, and facially false and fraudulent pretenses of a "resolution",
which could not have possibly legally existed or transferred any property interest or title
to Lee County, Florida by Jorg Busse. (SLU) (Entered: 12/10/2009)
12/10/2009 404 NOTICE of extrinsic fraud on court and governmental corruption; NOTICE OF
APPEAL as to 385 USCA order from facially fraudulent judgments, 385 as filed on
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11/12/2009, governmental corruption, extrinsic fraud, fraud on the courts, extra-judicial
fraud, breach of public trust; F.R.C.P. 60(b) motion for relief from extrinsic extra-
judicial fraud, governmental corruption, perjury, perversion of public record under false
pretenses of "frivolity" of the conclusive proof of the facial criminality, illegality of fake
"claim" "O.R. 569/875"; notice of perjury by defendants Jack N. Peterson, Roger Alejo,
and facially false and fraudulent pretenses of a "resolution", which could not have
possibly legally existed or transferred any property interest or title to Lee County,
Florida by Jorg Busse. Filing fee not paid. (SLU) (Entered: 12/10/2009)
12/10/2009 405 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
governmental corruption & fraud: 2009 and 2008 aerial photography evidence in
support of public corruption & perversion of public record; notice of corruption, criminal
case fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele, who dis-
allowed plaintiff(s) "to assert" the truth and obstructed justice & law by Jorg Busse.
(Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
12/10/2009 406 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
governmental corruption & fraud: discontinuous range line and state survey evidence in
support of public corruption & perversion of public record; notice of corruption, criminal
case fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele, who dis-
allowed plaintiff(s) "to assert" the truth and obstructed justice & law by Jorg Busse.
(Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
12/10/2009 407 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
governmental corruption & fraud: 2008 aerial photography and survey evidence [subject
parcel] in support of public corruption & perversion of public record; notice of
corruption, criminal case fixing, extrinsic fraud by named defendant corrupt Judge John
E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law
by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
12/10/2009 408 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
governmental corruption & fraud: 01/08/2009 transcript of fraudulent proceedings in
support of public corruption & perversion of public record; notice of corruption, criminal
case fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele, who dis-
allowed plaintiff(s) "to assert" the truth and obtstructed justice & law by Jorg Busse.
(Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
12/10/2009 409 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
governmental corruption & fraud: defendants' response to plaintiff(s)' request for
admissions in support of public corruption & perversion of public record; notice of
corruption, criminal case fixing, extrinsic fraud by named defendant corrupt Judge John
E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice & law
by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
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12/10/2009 410 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
governmental corruption & fraud: facially fraudulent governmental appeal, 09-10752-
DD and false pretenses of frivolity to conceal public corruption; notice of corruption,
criminal case fixing, extrinsic fraud by named defendant corrupt Judge John E. Steele,
who dis-allowed plaintiff(s) "to assert" the truth and obstructed jsutice & law by Jorg
Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
12/10/2009 411 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
governmental corruption & fraud: United States survey evidence in support of public
corruption & perversion of public record; notice of corruption, criminal case fixing,
extrinsic fraud by named defendant corrupt Judge John E. Steele, who dis-allowed
plaintiff(s) "to assert" the truth and obstucted justice & law by Jorg Busse. (Attachments:
# 1 Exhibit)(SLU) (Entered: 12/11/2009)
12/10/2009 412 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
governmental corruption & fraud supportive pleadings evidencing extrinsic judicial fraud
#2; notice of corruption, criminal case fixing, extrinsic fraud by named defendant corrupt
Judge John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed
jsutice & law by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
12/10/2009 413 MOTION for miscellaneous relief, specifically for relief from fraud on court(s) pending;
public corruption record evidence in support of 60(b) motion for relief from
governmental corruption & fraud supportive pleadings evidencing extrinsic judicial fraud
#3; notice of corruption, criminal case fixing, extrinsic fraud by named defendant corrupt
Judge John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed
justice & law by Jorg Busse. (Attachments: # 1 Exhibit)(SLU) (Entered: 12/11/2009)
12/10/2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of
notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 404 Notice of appeal. Eleventh Circuit Transcript information form
forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under
Forms and Publications/General. (slp) (Entered: 12/16/2009)
12/16/2009 414 MOTION for mandatory recusal under 28 U.S.C. 455; motion for mandatory recusal
of defendant corrupt U.S. Judge John Edwin Steele, who concocted a "legislative act"
[O.R. 569/875] and extended the record "Lee County" fraud schemes for bribes; notice
of corruption, criminal case fixing, extrinsic fraud by named defendant corrupt Judge
John E. Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice &
law; notice of 12/11/09 arrest threats against plaintiff Dr. Busse by Jorg Busse.
(Attachments: # 1 Exhibit)(SLU) (Entered: 12/17/2009)
12/18/2009 415 MOTION for miscellaneous relief, specifically for waiver of any and all appeal fees,
which are the direct and proximate result of facially fradulent judgments, governmental
corruption, extrinsic fraud, fraud on the courts, extra-judicial fraud, breach of public
trust, and coercion under public policy and the rules of procedure; F.R.C.P. 60(b)
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motion for relief from extrinsic eminent domain fraud, govermental corruption, perjury,
perversion of public record under false pretenses of "frivolity" of the conclusive proof of
the facial illegality of fake eminent domain "claim"; notice of de novo perjury by
defendants J.N. Peterson, R. Alejo, and facially false and fraudulent pretenses of a
"resolution", which could not have possibly legally existed or transferred any property
interest or title to Lee County, Florida by Jorg Busse. (SLU) (Entered: 12/18/2009)
12/21/2009 416 MOTION for mandatory recusal under 28 USC 455; Motion for mandatory recusal of
def. corrupt U.s. Magistrate S. Polster Chappell, who concocted a "legislative act" (OR
569/875) and /or extended the record "Lee County" fraud schemes for bribes; Notice of
corruption, criminal case fixing, extrinsic fraud by named defnendants Polster Chappell
and Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice &
law; Notice of 12/11/2009 arrest threats against plaintiff Dr. Busse by Jorg Busse.
(kma) (Entered: 12/23/2009)
12/21/2009 417 MOTION for mandatory recusal under 28 USC 455; Motion ofr mandatory recusal of
def. corrupt U.S. Magistrate S. Polster Chappell, who concocted a "legislative act" (OR
569/875) and/or extended the record "Lee County" fraud schemes for bribes;Notice of
corruption, criminal case fixing, extrinsic fraud by named defendants Polster Chappell
and Steele, who dis-allowed plaintiff(s) "to assert" the truth and obstructed justice &
law; Notice of 12/11/2009 arrest threats against plaintiff Dr. Busse by Jorg Busse.
(kma) (Entered: 12/23/2009)
01/08/2010 421 ORDER of USCA (certified copy) dismissing for want of prosecution as to 390 Notice
of appeal filed by Jorg Busse, 393 Notice of appeal filed by Jorg Busse, 392 Notice of
appeal filed by Jorg Busse, 388 Notice of appeal filed by Jorg Busse. EOD: 1/6/10;
USCA number: 09-16210-F,09-16211-F,09-16212-F, 09-16213-F, 09-16214-F.
(slp) (Entered: 01/14/2010)
01/11/2010 418 MOTION in independent action [Case # 2:09-cv-00791-FtM-CEH-SPC] for
miscellaneous relief, specifically for relief from fraud and judicial corruption in support of
60(b) motion for relief from governmental corruption and fraud pursuant to de novo
record evidence of gov. crimes & corruption by Jorg Busse. (SLU) (Entered:
01/12/2010)
01/11/2010 419 MOTION in independent action [Case # 2:09-CV-00791-FtM-CEH-SPC] for
miscellaneous relief, specifically for relief from fraud and judicial corruption in support of
60(b) motion for relief from governmental corruption and fraud pursuant to de novo
record evidence of gov. crimes & corruption and NOTICE by Jorg Busse. (SLU)
(Entered: 01/12/2010)
01/11/2010 420 MOTION in independent action [Case # 2:09-CV-791-FtM-CEH-SPC] for
miscellaneous relief, specifically for relief from fraud and judicial corruption in support of
60(b) motion for relief from governmental corruption and fraud pursuant to de novo
record evidence of gov. crimes & corruption and NOTICE by Jorg Busse. (SLU)
(Entered: 01/12/2010)
01/26/2010 422 ORDER deeming frivolous 387 Notice of Appeal; denying 389 Emergency Motion for
relief; denying 391 Emergency Motion for relief; denying 392 Notice of Appeal and
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Motion for relief; denying 393 Motion for relief; denying as moot 394 Motion for relief;
denying 395 Motion for relief; denying as moot 396 Motion for relief; denying as moot
397 Motion for relief; denying as moot 398 Motion for relief; denying as moot 399
Motion for relief; denying as moot 400 Motion for relief; denying as moot 401 Motion
for relief; denying as moot 402 Motion for relief; denying as moot 403 Motion for
waiver of all appeal fees or denying in alternative leave to proceed in forma pauperis on
appeal; denying 405 Motion for relief; denying 406 Motion for relief; denying 407
Motion for relief; denying 408 Motion for relief; denying 409 Motion for relief; denying
410 Motion for relief; denying 411 Motion for relief; denying 412 Motion for relief;
denying 413 Motion for relief; denying 414 Motion for recusal; denying as moot 415
Motion for waiver of all appeal fees or in alternative denying leave to proceed in forma
pauperis on appeal; denying 418 Motion for relief; denying 419 Motion for relief;
denying 420 Motion for relief. See Order for details. Until further Order, the Clerk
shall no longer accept any further filings, related or unrelated to this specific
case, by Ms. Prescott or Mr. Busse, for filing in this closed case, except for a
single Notice of Appeal from this Order. The 389 Emergency Motions for Relief
From Extrinsic Fraud, Fraud on Courts, and Fraudulent Judgment & Execution
Emergency Motion to Enjoin Fraudulent Judgments and Execution of Fraudulent
Judgments Pursuant to Independent Action(s) for Relief Such as Case 9:09-cv-82359-
KLR, FLSD Notice of No Authority to Enforce Fraudulent Judgment is construed as
response to the pending Motion for Writ of Execution. Signed by Judge John E. Steele
on 1/26/2010. (RKR) (Entered: 01/26/2010)
02/01/2010 423 ORDER denying as moot 416 the Plaintiff Dr. Jorge Busses Motion for Mandatory
Recusal of Def. Corrupt U.S. Magistrate S. Polster Chappell; denying 417 the Plaintiff
Dr. Jorge Busse's Motion for Mandatory Recusal of Def. Corrupt U.S. Magistrate S.
Polster Chappell. Signed by Magistrate Judge Sheri Polster Chappell on 2/1/2010.
(LMH) (Entered: 02/01/2010)
02/01/2010 424 ORDER granting 386 the Defendant Kenneth M. Wilkinson as the Lee County Property
Appraiser's Motion for Issuance of a Writ of Execution. The Clerk of the Court is
hereby directed to issue the Writ of Execution attached to the instant Motion as Exhibit
G. Signed by Magistrate Judge Sheri Polster Chappell on 2/1/2010. (LMH) (Entered:
02/01/2010)
02/02/2010 425 WRIT of Execution issued per Order 424 . (drn) (Entered: 02/02/2010)
02/04/2010 426 ORDER of USCA (certified copy) dismissing for want of prosecution as to 404 Notice
of appeal filed by Jorg Busse. EOD: 1/22/2010; USCA number: 09-16335-F. (slp)
(Entered: 02/04/2010)

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U.S. District Court
Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:10-cv-00089-JES-SPC

Busse et al v. Steele et al Date Filed: 02/09/2010


Assigned to: Judge John E. Steele Jury Demand: Plaintiff
Referred to: Magistrate Judge Sheri Polster Chappell Nature of Suit: 440 Civil Rights: Other
Cause: 28:1331 Fed. Question Jurisdiction: Federal Question

Plaintiff
Jorg Busse represented by Jorg Busse
Suite 2200
C/O Legal and Consular Department
100 N. Biscayne Blvd.
Miami, Fl 33132
239/595-7074
PRO SE

Plaintiff
Jennifer Franklin Prescott represented by Jennifer Franklin Prescott
P.O. Box 845
Palm Beach, FL 33480
PRO SE

V.
Defendant
John Edwin Steele

Defendant
Sheri Polster Chappell

Defendant
Roger Alejo

Defendant
Kenneth M. Wilkinson

Defendant
Jack N. Peterson

Defendant
Gerald Bard Tjoflat

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Defendant
Richard Jessup

Defendant
Judge Birch

Defendant
Judge Dubina

Defendant
Richard A. Lazzara

Defendant
Charlie Crist

Defendant
Lee County Value Adjustment Board

Defendant
Lori Rutland

Defendant
Executive Title Co.

Defendant
Johnson Engineering, Inc.

Date Filed # Docket Text


02/09/2010 1 COMPLAINT and independent action for relief from fraud, fraud on the courts, and writ
of execution and EMERGENCY MOTION to enjoin fraud on courts and fraudulent writ
of execution against Roger Alejo, Judge Birch, Sheri Polster Chappell, Charlie Crist, Judge
Dubina, Executive Title Co., Richard Jessup, Johnson Engineering, Inc., Richard A.
Lazzara, Lee County Value Adjustment Board, Jack N. Peterson, Lori Rutland, John
Edwin Steele, Gerald Bard Tjoflat, Kenneth M. Wilkinson with Jury Demand (Filing fee $
350 receipt number F013439) filed by Jennifer Franklin Prescott, Jorg Busse.(SPB)
(Entered: 02/10/2010)
02/10/2010 2 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All
Divisional Judges on 12/7/09. (SPB) (Entered: 02/10/2010)

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