HomeMy WebLinkAbout1984-12-21 New Judge Orders NPB to Pay Oakes Group Attorney Fees (North County News)New Judge Orders North Palm Beach
At co4n.-r
to Pay Oakes Group Attorney Fees -
A newly appointed
Circuit Court judge has
ordered the Village of
North Palm Beach to
pay legal costs to an
attorney who spear-
headed the unsuccessful
fight to prevent demo-
lition of the Oakes
House (Winter Club).
Judge Walter N. Col -
bath, Jr., on the bench
only since October 22,
issued an order Nov. 15
that says the village
should pay attorney
Theodore Babbitt
$2,226.08 even though
voters last March re-
jected an ordinance
drawn by Babbitt that
would have forced rest-
oration of the building at
any cost.
(Continued from 1'age 11
tle Council's demolition
decision.
"Based on a complete
review of the file," Col -
bath ruled, "the court is
of the opinion that each
party won a portion of
this lawsuit and each
lost a portion."
He called the award to
Babbitt "a valid setoff'
against the $2,500. That
$2,500 is yet to be paid.
Colbath said Babbitt's
fee structure is compat-
ible with the going hour-
ly rate for lawyers.
Early in the Oakes
House dispute, Kapner
ordered Save the Win-
ter Club to post a
$10,000 bond to indem-
nify the village for legal
costs. The village has
estimated its cost outlay
at better than $12,000.
Colbath was appoint-
ed to the Circuit Court
by Governor Bob Gra-
ham and did not have to
stand for election Nov.
6.
Word of Colbath's
decision reached Village
Council only a few hours
before its regular meet-
ing last week. 'Most
Council members were
visibly shaken. One
member later called the
ruling "unfair and atro-
cious."
Village attorney Her-
bert Gildan expressed
shock and told the Coun-
cil he and his law
partner, Thomas Yea-
ger, would appeal the
ruling at no expense to
the village. Last Mon-
day, they put the appeal
before the Fourth Dist-
rict Court.
The Oakes House was
recently demolished and
the site landscaped as a
grassy hillside -entrance
to the North Palm Beach
Country Club.
During one public
hearing on Council's
demolition decision,
Babbitt stated he repre-
sented a group called
Save the Winter Club,
strictly as an unpaid
volunteer. However,
five weeks ago he ap-
peared before Colbath
and said he should be
compensated by the vil-
lage even though he did
not represent it.
Colbath's order allot-
ted Babbitt $2,200 in
legal fees and $26.08 in
"taxable costs" for a
total of $2,226.08.
Colbath said the pay-
ments are justified
under his interpretation
of Florida Statute 57.105
and referred to the fact
that in August then -
judge Lewis Kapner
awarded the village
$2,500 towards legal
costs involved in oppos-
ing the attempt to scut -
(Continued on Page 2
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