Is Scotty's going to pay the back taxes or not?
Is this a bunch of crap or what? I love Al's headline, one of my favorite phrases: "Govern Yourself Accordingly." His story and documentation is here.
I owe taxes too, how about wiping mine out and my neighbors' taxes and everyone's taxes?
For a City that is on the brink of bankruptcy to overlook this and deliberatly not try to collect back taxes is a total joke.
When I am a day late sending sales taxes in to the state they are on my ass! What is wrong with our City? How much more corrupt can it get? The cops can't even afford uniforms and they are letting this happen? Do you know how much good the 17 years of back taxes could do?
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10 Comments:
I heard the Tax Collector can seize the Boats that are at the Marina.
Shut it down! I still frequent Scotty's but I am becoming annoyed with the situation. The prices have gone up and everything else is going downhill. Put out a new RFP that requires the winning bidder to create a place similar to the existing.
As for the City's role in this, what did you expect out of a bunch of unqualified morons?
You know, just because Crespo and a city attorney say Wessel owes the taxes, doesn't make it so. The original letter Bru drafted making that case was quite clearly an attempt to cover the city's a**, and if I was Scott Wessel, I wouldn't pay it either. Since when is a commercial tenant on the hook for property taxes absent specific language in the lease?!?!?
build the first waterfront walmart they will come
Dear Andy,
Actually since around 1979 with Walden v. Hillsborough County Aviation Authority, 375 So. 2nd 283 (Florida 1979) and Volusia County v. Daytona Beach Racing and Recreational Facilities District, 341 So. 2nd 498 (Florida 1976.)
And by the 1990’s, when Julie Bru wrote her legal opinion, a significant body of case law had been developed that included City of Sarasota v. Mikos, 633 So.2d 1075 (Fla. 2d DCA 1993), Sebring Airport Authority v. McIntyre, 623 So.2d 541 (Fla. 2d DCA 1993) and Page v. Fernandina Harbor Joint Venture, 608 So.2d 520 (Fla. 1st DCA 1992), review denied, 620 So.2d 761 (Fla.1993).
And if that isn't good enough for you, stick around, I think that by the end of the week I'm going to pull new rabbit out of the hat that even amazes me.
But until then, remember that the county has smarter lawyers than the City, and they feel comfortable enough with the situation to have written Wessel letting him know that on September 22nd, they're going to move against his occupational license and corporate charter.
Al Crespo
It all goes back to the original lease that dictate the terms and responsibility of each party. you can have all the case law you want but if there is a valid contract the court will not void the contract between two entities that had meeting of the minds when the contract was signed unless it was for an illegal activity. In this case who pays for taxes is not an illegal activity . At the end it is just case law and debatable in a court of law.
The law supersedes the lease.
Is Scotty's going to pay the back taxes or not? No, we are going to end up paying it.
Fascinating stuff. I commend Mr. Crespo for his factual information.
City of Miami government seems unable to mage it's properties.
Example: What owner would voluntarily sacrafice millions of dollars in income by allowing their most valuable pieces of land (Virginia Key, Watson Island) to lie dormant for twenty (20) years?
In an ideal world, Scottys would change its incompetent management and unfriendly staff. Trust me, they make enough money and tips, but usually not from me..
They have live music on weekends but it's always the same freaking mediocre band playing the same tunes for years!! no wonder the employees are not too happy.
They should keep the prices resonable but with much better food and service. The place would be packed!! I only go there because I live across the street and for the water views.. sad story, it could be so much better..
CarlosI.
I am totally confused. I was under the impression that Scotty's leases the land.
Does the lease say they are not responsible for the taxes? If so, and if it is a binding contract, why is this even a subject of debate?
I am not a frequenter of Scotty's. I think the food is abyssmal and I was shocked to pay as much as I did for a takeaway soup that came in a styrofoam coffee cup.
I just want an uneditorialized accounting of facts.
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