Last Monday we told you HERE that PAR had sued the City over the denial of PAR's 308 Pine Avenue site plan application and that Valerie Fernandez was representing PAR in that action. But a funny thing happened on the way to the courthouse.
When a plaintiff files suit, the papers or "summons" must be "served" upon the person being sued or upon a representative of the entity being sued. That "service of process" is performed by a Deputy Sheriff or licensed process server. It is then filed with the clerk of the court to serve as proof that the defendant person or entity has actual notice of the lawsuit and starts the clock ticking on the defendant's obligation to file a response.
Well, apparently a Deputy Sheriff did serve the papers on June 29th, but according to the "summons" prepared by Ms. Fernandez, they were to be served upon The Honorable Fran Barlow, Mayor of The City of Anna Maria. Yes, "Barlow" not Barford. You can view the summons yourself by clicking HERE.
Now, normally we would not nit pick typos and scrivener's errors (we make enough ourselves) but (1) Mayor Barford is referred to as "Barlow" not once but twice in the document; (2) this is not some everyday inter-office memo or email - it is a legal document with potentially significant and wide ranging legal effect upon this City, its officers and its citizens, and because of that, (3) one would think that PAR's lawyer and, perhaps more importantly, PAR itself would find it critical enough to read, say, at least once before suing the City in which they live and work and that they profess to love. Just saying.
Of course, we could spend paragraphs on the freudian aspects of the name that Fernandez and PAR chose to use instead of Barford. Their fantasy preview of the November mayoral election? Has P&Z Board member and PAR cheerleader Bob Barlow told them something he hasn't told the rest of us?
But we won't go there. At least not yet.
Bill Yanger
Wednesday, July 7, 2010
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