Fifth judge in less than three months

Published March 24th, 2008

In yet another example of musical judges, 15th Circuit Court Judge Kenneth Stern recused himself last Thursday from sitting in the much-anticipated Mizner Trail Golf Course versus Palm Beach County trial.

Judge Stern is the fourth judge in less than three months to either recuse himself, or not be able to take the case because of “scheduling” problems.

Originally slated to begin in January, the case now awaits appointment of a fifth judge, expected sometime today. And when a judge is finally seated, a discussion of scheduling matters, the setting of a trial date, and a status conference will be first up on the agenda, according to Assistant County Attorney Amy Petrick.

The claim against the county by the golf course developer, Compson Development Corp of Boca Raton, centers on county denial of a zoning change for the Mizner Trail Golf Course, effectively denying development there.

Compson’s suit seeks in excess of $30 million over the county’s denial of that zoning change -- approval of which would, in turn, have permitted the building of 200-plus luxury town homes on part of the Mizner Trail Golf Course in west Boca Raton.

Reached by the Boca Raton News, Compson CEO Robert Comparto, and on the advice of counsel, declined comment.

A sidebar element to the case is a separate lawsuit by Compson against Mizner Trail development opponent Commissioner Mary McCarty.  Compson has sued McCarty for defamation alleging that she made inappropriate remarks about Compson to third parties.

McCarty told the Boca Raton News that the defamation case is without merit because all of her actions involving Mizner Trail were in her capacity as county commissioner. As such, she believes that those actions are not subject to litigation under the fairly broad blanket of immunity granted to public officials against -- not only liability, but also litigation itself -- for actions taken and statements made while performing official duties.