1. Ptaintifl Andrew A. Greenstein, in his capacity as Trustee of the Andrew. 2. Defendant CAREY BAKER is sued in his official capacrty as Lake County
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- Valerie Jackson
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1 IN THE CIRCUIT COURT FOR THE FIFTH rudicial CIRCUIT IN AND FOR LAKE COI.INTY, FLORIDA ANDREW A. GREENSTEIN, as Trustee of the Andrew Greenstein Trust, CASE NO.: 2015-CA- Plaintiff, v. CAREY BAKER, as Lake County Property Appraiser; and MARSHALL STRANBURG, as the Executive Director of the Florida Department of Revenue, Defendants. COMPLAINT FOR DECLARATORY RELIEF Plaintiff, ANDREW A. GREENSTEIN, as the Trustee of the Andrew Greenstein Trust ('Plaintiff'), by and through his undersigned counsel, and pursuant to Fla. Stat. $ (8X1), , (2), , , and hereby sues Defendants CAREY BAI(ER, as Lake County Property Appraiser and MARSHALL STRANBURG, as the Executive Director of the Florida Department of Revenue and states: GENERAL FACTS AND ALLEGATTONS The Parties 1. Ptaintifl Andrew A. Greenstein, in his capacity as Trustee of the Andrew Greenstein Trust, is an individual whose principal residence is in Clermont, Lake County, Florida. 2. Defendant CAREY BAKER is sued in his official capacrty as Lake County Properfy appraiser ("Appraiser") and is a necessary party to this action pursuant to Fla. Stat. $ r(2). Greenstein adv. Lake County Property Appraiser, et al. Page I of?
2 3. Defendant MARSHALL STRANBURG is sued in his official capacity as Executive Director of the Florida Department of Revenue and is a necessary party to this action pursuant to Fla. Stat. $ (5). The Property 4. The property (hereinafter, "Property") that is the subject of this Complaint is commonly referred to as "The Ever After Estate." 5. Plaintiff is the owner of the property in Lake County identified as Lake County Parcel Number whose legal description is as follows: NW I/4 OF SE I/4, BEG AT NE COR OF NE 1/4 OF SW 1/4, RIIN N 89DEG 38MIN 26SEC W 850 FT, S OODEG 14MIN 37SEC W FT TO N LINE OF SAID S 460 FT OF NE 1I4 OF SW 1/4, S 89DEG 38MIN 55SEC E32O FT, S OODEG 14MIN 37SEC W 460 FT TO S LINEOF NE 1/4 OF SW 1/4, S 89DEG 38MIN 55SEC E 530 FT, N OODEG 14MIN 37SEC E FT TO POB ORB PG 1228 ora 2767 PG orb 3718 PG 2147 ORB 4009 PG 144, The Property is commonly refened to as 9512 Oak Island Lane, Clermont, Florida 347 ll. 6. The Ever After Estate is over 62 acres and rests on a private island called "Oak Island" in Clermont, Florida. 7. The Ever After Estate is comprised of three main buildings: the Main House, the InJaw Apartment, and the Movie House. 8. Plaintiffresides at The Ever After Estate with his two (2) minor children. 9. Plaintiffand his children have resided at The Ever After Estate since Plaintiff has had a homestead exemption at The Ever After Estate since Greenstein adv. Lake Coanty Property Appraiset, et al. Page2 of1
3 Jurisdiction and Yenue 11. The Court has jurisdiction of this matter, pursuant to Fla. Stat. $ (f) and (g) as this is an application by a resident Lake County, for a declaratory judgment involving a property located in Lake Cotmty, Florida. 12. Venue is proper in Lake County, Florida, pursuant to Fla. Stat, $ (1) since the subject property is situated in Lake County, Florida. 13. Plaintiff has paid an arnount not less than the amount he admits in good faith to be due and owing for the 2014 taxes for The Ever After Estate as prescribed by Fla. Stat. $ (3). A copy of the Property Record Card, showing ta<es paid in full, is attached hereto as Exhibit "A." $r96.1s This action has been filed within the time period prescribed by Fla. Stat. 15. Plaintiff has satisfied all other conditions precedent which required to be performed by the Plaintiffin establishing his right to bring this action. The Dispute 16. On or about June 6, 2A14, by written notice of same, the Appraiser denied Plaintiff s application for hornestead exemption for The Ever After Estate for 2014 (hereinafter, "Notice"). A copy of the Notice is attached hereto as Exhibit "8"' 17. In the Notice, the Property Appraiser cited Fla. Stat. $ and declared all of The Ever After Estate rental property. destination. 18. Specifically, the Notice declares The Ever After Estate as a resort or retreat Complaint Greenstein adv. Lake County Property Appraiser, et al, Page 3 of7
4 children. 19. Plaintiff enjoys a unique lifestyle which permits him to travel frequently with his 20. Plaintiff and his children live at The Ever After Estate year-round except when they are traveling. 21. Plaintiff s children are zoned to attend public school in Lake County based on the address of The Ever After Estate. 22. Plaintiff requires parties to sign a guest reservation agreement that specifically acknowledges that Plaintiffresides on the Property. 23. The Notice denying Plaintiffs application for homestead exemption relies upon the Plaintiffs loose interpretation of the word "rent" and fails to recognize that the Plaintiff resides at the Property even while it is occupied by Bues, thereby creating a licensing agreement between Plaintiff and the guests who visit the The Ever After Estate. 24. The Appraiser's deniai of Plaintiff s homestead exemption is in direct violation of Section 6 of Article VII of the Florida Constitution which states, in part, "[e]very person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, or another legally or naturally dependent upon the owrer, shall be exempt from taration thereon..." 25. The Notice alleges that the Plaintiffhas abandoned his Property. 26. Pursuarrt to Fla. Stat. $ , abandonment ceases when the property is physically occupied by the owner. 27, The restriction placed upon the Plaintiff by Fla. Stat. $ is unreasonable in that it limits creative use of one's permanent primary residence in order to afford one with the fundamental rights to enjoy life and pursue happiness. Greenstein adv. LakeCounty Property Appraiser, et al. Page 4 of7
5 28. Fla. Stat. $ is unreasonable because it discourages meaningful travel and encourages the waste of valuable real estate. 29. By allowing Homestead protection so long as an individual (or his or her dependents) in good faith makes the property their primary residence with no time restraint whatsoever, but revoking that Constitutional right if the property is rented for more than thirty (30) days during that period, is arbitrary and not consistent with the intent of the Homestead right and protection. 30. At the Value Adjustment Board Hearing, the Appraiser cited to its belief that Plaintiff "rented" the Main House for more than thirty (30) days for more than two (2) years, citing Fla. Stat. $ (1), as a basis for revoking Plaintiff s Homestead rights. 31. There is no evidence in the record that Appraiser had any proof, other than promotional language found on a website for the entire Ever After Estate property, that Plaintiff rents The Ever After Estate. 32. There is no evidence in the record that Appraiser had proof that Plaintiff rented the Main House at The Ever After Estate for more than thirty (30) days for more than (2) years. 33. Despite having no evidence of rental of the Main House for more than thirty (30) days for two (2) years, Appraiser revoked Plaintiff s Homestead rights. 34. Fla. Stat. $ lists factors that should be considered in determining intent to establish permanent residence in Florida. 35. Plaintiff satisfies all relevant factors set forth in Fla. Stat. $ REOUEST F'qB DECLARATORY RELIEF 36. Plaintiff re-alleges the allegations contained in Paragraphs 1-35 above as if fully set forth herein. Greenstein adv. Lake County Property Apryaise4 et al. Page 5 of7
6 Plaintiff maintains residence in Lake County, Florida at The Ever After Estate. Plaintiff s factual circumstances satisfy all of the statutory factors set forth in Fla. Stat. $ The Appraiser presented no evidence that Plaintiff rented the Main House for more than thirry (30) days for two (2) years. 40. Because Appraiser improperly denied and revoked the homestead exemption, the assessed value of the Property has exceeded the limitations set out in Fla. Stat. $ and Section 6 of Article VII of the Florida Constitution' WHEREFORE, Plaintiff respectfully requests the Honorable Court enter a judgment declaring the following : A. That the Property qualifies for the homestead exemption; B. That any assessments made after the revocation of the homestead exemption be set aside; C. That the proper assessments be established in accordance with the Constitution of the State of Florida and Fla. Stat. $ ; D. Declaring Fla. Stat. $ unconstitutional; E. Awarding the Plaintiffthe cost incr"r:red in bringing this action; and F. Any other award deemed necessary and proper to make Plaintiff whole. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKJ Greenstein adv. Lake County Property Appraiser, et al. Page 5 of7
7 Respectfully submitted this 10th day of April, Bret Jones, P.A. 700 Almond Street Clermont, FL Telephone: (352) Facsimile: (352) ALISON STRANGE Florida Bar No AStr e tjone s P A. c o m (no t fo r e - s e rv i c e) CRAIG S. FORRESTER cfor r e s t e r@br e tjo n e s P A. c o m (no t for e - s erv i c e) Florida BarNo.: epor talfi ling@bretjones P A. com (primary) Attorneys for Plaintiff Greenstein adv. Lalce County Property Appraiser, et al. Page7 of7
1. As of January L,20L4,legaI title to the Subject Property was vested in The
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