Article Courtesy of The Herald-Tribune
By Tom Lyons
Published July 4, 2015
After a contractor for Sarasota County destroyed dozens of oak trees on the back
edge of his home's lot without his permission, Keith Bradley says he first
thought the county was going to agree to replant the trees.
The oaks were well outside the ditch that was supposedly being cleared and,
Bradley argues, also well outside the easement that might otherwise have allowed
the county to destroy them had there been drainage-related reasons to do so.
There weren't any, he says.
Bradley says the trees were removed needlessly during the ditch clearing at the
request of an influential homeowner's association official who must have wanted
more open area there for the neighborhood's horse trail.
The Myakka Valley Ranches subdivision rules and easement rights give neighbors
access to ride through the back edge of each other's property, which is more
than fine with Bradley. For years, his family rode those trails too, and though
he doesn't ride now, Bradley says he helps keep the trails passable and enjoys
seeing riders pass by.
But those neighbors certainly never needed to have all those oaks removed, he
says. Bradley says he was especially outraged that it was done by the county,
which has no business clearing anything for privately owned horse trails.
When the county did not replant his oaks, Bradley filed a lawsuit that has been
dragging on now for five years. The key argument, as an assistant county
attorney states in court records, hinges on differing views of the easement
rules and boundaries as stated on a plat map recorded in 1971 and amended in
1972.
Normally, I wouldn't be writing about this plodding suit. It seems Bradley has
good reason to be unhappy, but I'm not qualified to sort through technicalities
of easement law. I'd rather be dragged behind a horse. I hope the courts will do
a good job and that a news story will tell us the outcome one of these decades.
But here is the weird thing: Bradley has what I would normally guess to be a
crackpot theory that the county's case was based largely on a plat map that was
fraudulently altered. He says he has an expert who will testify to seeing
erasure marks in the original at the Sarasota County clerk's office. There also
is the matter of a surveyor's amendment, registered in 1972, that was not noted
on the plat as it was supposed to be.
Bradley insists the amendment actually was noted on the plat, and says he and a
courthouse clerical employee saw that notation years ago. That's how he knew
about it and got a copy years ago, he says. He insists the surveyor's note was
not accidentally omitted in 1972 but rather was erased far more recently, after
the suit was well underway.
Yes, you've got it: Bradley claims some county employee illegally altered a
property record at the courthouse in hopes of tilting the playing field their
way. A few weeks ago, he reported this theory, and provided certified copies of
maps and documents he believes support it, to a detective and later told me a
police investigation was underway.
His theory sounds far fetched. The stakes in this suit are surely not anywhere
near so high as to reasonably tempt even a seriously unethical county employee
to risk such a fraudulent action, which would also likely require some
assistance from someone inside the office of the Sarasota County Clerk of Court
office, which surely has no dog in the oak tree fight.
So, could police really be taking that blockbuster charge seriously?
Sarasota Police have not confirmed that there is an investigation. Clerk Karen
Rushing told me several days ago that she knows of no law enforcement efforts to
question her staff. She said Bradley did find a mistaken omission of a note that
should have been on a plat to give notice of the otherwise hard-to-find easement
amendment, but she said she knows of no reason to suspect it was erased or that
fraud was involved.
Yet just when I was thinking no one would take this theory seriously, the
county's lawyer surprised me with a motion to postpone two depositions of clerk
employees that Bradley's side wants to question. The motion, filed by Assistant
County Attorney Milan Brkich, argues that those depositions shouldn't be allowed
now because if the clerk's employees testify, they "expose themselves to
potential criminal liability ..."
They do?
Those employees, Brkich argues, need time to hire personal lawyers to advise
them on whether to testify or, as he puts it, "exercise their individual
constitutional rights." Or, he argued, "the court should stay the proceedings
until the criminal investigations are resolved."
Brkich did not respond to my call, so I have no idea if he really knows of an
investigation. Maybe he is just stalling to keep this case unresolved for as
long as possible, possibly until the time the trees would have died a natural
death if left standing. Then again, maybe he thinks some local government
employee really does need a lawyer.
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