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PicturePlease consider the results that I have obtained in the proceedings listed below.  These are the amounts that went to the client.  However, most cases result in a lower recovery.  It should not be assumed that your case will have as beneficial a result as those listed here.

  • $2,500,000 recovery (in just his seventh year of practice) of monies the South Lake Worth Inlet District, a special taxing district, attempted to dissipate upon its dissolution by the State of Florida.
  • $2,000,000+ jury verdict in an eminent domain proceeding for the taking of a strip of land and a staging area easement from the “Airport Centre” in Palm Beach County, Florida. The Initial offer was less than 1 million dollars.  Thus, the benefit to owner was over $1,000,000.  There was an increase in compensation of more than 100% over the initial offer.
  • $1,200,000 recovery for acquisition of 5 acres from a 50 acre agriculturally zoned vacant site in Sumter County near Wildwood, Florida even though owners had paid just $4,000,000 for whole site just two years before the taking.  The initial offer was $748,000.  Therefore, the benefit to the owner was over $450,000 and the compensation was more than 60% over the initial offer.
  • Several judgments in civil rights/employment cases, with one resulting in a reported Eleventh Circuit Court of Appeals decision.
  • $710,000 recovery in an eminent domain proceeding for the widening of I-95 next to the City of Lake Worth, Florida’s electric generating and water treatment facility where court upheld the property owner’s ability to claim compensation for increased security for the plant as a result of its proximity to the road.  The initial offer was $236,000 resulting in a benefit to the owner of $474,000, a 300% increase over the initial offer.
  • $570,000 recovery in an eminent domain action for the taking of leasehold and fixtures only for lessee of grocery store in Homestead, Florida acquired for a new city hall.  Since the initial offer was $343,000, the benefit to the lessee was $227,000, a 66% increase in compensation.
  • $540,000 recovery in an eminent domain proceeding brought by Florida Gas for the acquisition of a 2.568 acre easement for the construction and maintenance of a natural gas pipeline through agriculturally zoned property with an existing gas pipeline on one side.  The initial offer was just over $294,000 so the benefit to the owner was over $245,000, an increase in compensation of 83.5%.
  • Successful Chapter 11 bankruptcy reorganization (in just his second year of practice) of long-time Miami Dolphins punter, Reggie Roby, including well-publicized successful effort to void his contract.
  • Judgment for client, Board of Trustees of the Delray Beach Police and Firefighter’s Retirement System in a dispute between it and the City of Delray Beach over whether pay for holding certifications, such as paramedic or EMT, are to be included in earnings on which pensions are based.  Additional pension payments for firefighters as a result of this judgment has been estimated to be well in excess of $500,000.
  • $390,000 paid in business and real estate damages to owner of adult bookstore due to road widening.  The initial aggregate offer was $230,000 and the benefit was $160,000, a 70% improvement in compensation.
  • $205,000 recovery in case involving fractured knee cap of resident at assisted living facility. The case had previously been rejected by 2 other lawyers, seemingly, because the injured woman suffered from osteoporosis and, therefore, was prone to injury.
  • $170,000 jury verdict for father’s mental anguish in a case stemming from the wrongful death of his 23 year old son despite the fact that father had not seen his son in over 6 years and the father was in arrears in child support.  This was also very challenging liability case because the son was intoxicated when run over after walking into a street (issues of liability handled by co-counsel).  Offer was $0.
  • $140,000 recovery for client who had post concussive syndrome (symptoms included headaches) after a ceiling panel in an elevator fell on her depsite no objective evidence of condition.
  • Confidential settlement for franchisee of a major oil company in Federal lawsuit under a provision of federal law, the Petroleum Marketing Practices Act, which provision had not been previously interpreted by the courts.
  • Confidential settlement under the Fair Credit Reporting Act in Federal case for client who had several times sought unsuccessfully to have an erroneous reference to a bankruptcy removed from his credit report.
  • $90,000 paid to homeowner’s association for sliver of common elements taken due to road widening where offer was $33,200.  Benefit to the owner was, therefore, $56,800, a 268% increase.
  • Numerous jury verdicts finding no or, in one case, ten percent, liability in personal injury, civil assault and battery, paramedic malpractice, and wrongful death cases case where Barry Balmuth defended Palm Beach County or its employees.
  • Jury verdict of $6,000 per acre in a multi-acre/parcel eminent domain acquisition for the “Unit 11” conservation project for Mr. Balmuth’s client, Palm Beach County, as acquiring entity, where owners claimed and presented evidence that property was worth $18,000 per acre while County’s position was that the appropriate compensation was $5,000 per acre. The value of 200+ acres was determined by this verdict.
  • Where representing Palm Beach County, settled in excess of $33,000,000 in business damage claims allegedly stemming from the Northlake Reliever project for $1,250,000.
  • On behalf of landowners, blocked takings of property sought in several eminent domain actions.

Reported Decisions:

  • Starling v. Board of County Commissioners, 602 F.3d 1257(11th Cir. 2010)
  • Palm Beach County v. Cove Club Investors, Ltd., 734 So.2d 379 (Fla. 1999)
  • Sunshine Properties, L.L.C. v. State, Department of Transportation, 900 So.2d 714 (Fla. 4th DCA 2005)
  • Moore v. Palm Beach County, 731 So.2d 754 (Fla. 4th DCA 1999) (lead trial counsel only)
  • Palm Beach County v. Cove Club Investors, Ltd., 692 So.2d 998 (Fla. 4th DCA 1997)
  • Starling v. Board of County Commissioners, 2009 WL 281051 (S.D. Fla. 2009)
  • Starling v. Board of County Commissioners, 2009 WL 248369 (S.D. Fla. 2009)
  • Hazara Enterprises, Inc. v. Motiva Enterprises, LLC, 126 F. Supp.2d 1365 S.D. Fla. 2000)
  • In re Farkas, 343 B.R. 336 (Bankr. S.D. Fla. 2006)
  • Holiday C.V.S. v. Gary R. Nikolits, 17 F.L.W. Supp. 356 (Fla. 15th Cir. 2009)
  • City of Delray Beach v. Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System, 17 F.L.W. Supp. 110 (Fla. 15th Cir. 2009)

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