alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MARGATE COMMUNITY REDEVELOPMENT AGENCY, a 

dependent district of the City of Margate, Florida, and

THE CITY OF MARGATE, FLORIDA,

Appellants,

v.

NEW URBAN COMMUNITIES, LLC, a Florida limited liability company,

Appellee.

No. 4D20-1763

[April 28, 2021]

Appeal of a nonfinal order from the Circuit Court for the Seventeenth 

Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case 

No. CACE 18-004869(13).

Lyman H. Reynolds, Jr., of Roberts Reynolds Bedard & Tuzzio, PLLC, 

West Palm Beach, for appellant City of Margate. 

Michael T. Burke and Selena A. Gibson of Johnson, Anselmo, Murdoch, 

Burke, Piper & Hochman, P.A., Fort Lauderdale, for appellant Margate 

Community Redevelopment Agency.

Michael W. Moskowitz and Ari J. Glazer of Moskowitz, Mandell, Salim 

& Simowitz, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

We reverse the trial court’s non-final order denying the Appellants’ 

motions to dismiss. We agree with the Appellants that the two tort claims 

at issue are barred by sovereign immunity because they are premised on 

the denial of a land use plan amendment, which is a discretionary 

governmental function. See Com. Carrier Corp. v. Indian River Cty., 371 

So. 2d 1010, 1020 (Fla. 1979) (recognizing that the waiver of sovereign 

immunity in section 768.28, Florida Statutes, does not extend to 

“discretionary governmental functions”); Trianon Park Condo. Ass'n, Inc. v. 

City of Hialeah, 468 So. 2d 912, 919 (Fla. 1985) (“Clearly, the legislature, 

commissions, boards, city councils, and executive officers, by their 

enactment of, or failure to enact, laws or regulations, or by their issuance 
2

of, or refusal to issue, licenses, permits, variances or directives, are acting 

pursuant to basic governmental functions performed by the legislative or 

executive branches of government.”); City of Pembroke Pines v. Corr. Corp. 

of Am., Inc., 274 So. 3d 1105, 1113 (Fla. 4th DCA 2019) (recognizing case 

law “applying sovereign immunity to bar recovery of economic damages 

against a municipality for the denial of a development application”).

We remand for the trial court to grant the motions to dismiss and 

dismiss the two tort counts at issue. 

Reversed and remanded with directions.

GROSS, GERBER and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### Norstar Bank of Long Island, Appellant, v Rudolph T. Stradford et al., Respondents, et al., Defendant.

— In an action to foreclose a mortgage on real property, the plaintiff *299appeals from so much of an order of the Supreme Court, Richmond County (Amann, J.), dated August 29, 1985, as, upon granting a motion by the defendants Rudolph Thomas Stradford and Yvonne Stradford to dismiss the complaint and for an award of counsel fees, assessed counsel fees against the plaintiff in the sum of $300.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the respondents’ motion which was for an award of counsel fees is denied.

In the absence of some specific statutory authority or contractual provision, counsel fees are merely incidents of litigation which are not compensable or recoverable *(see, Matter of Green [Potter],*51 NY2d 627, 629-630; *City of Buffalo v Clement Co.,*28 NY2d 241, 262, *rearg denied*29 NY2d 640; *Gabrelian v Gabrelian,*108 AD2d 445, 447, *appeal dismissed*66 NY2d 741). There being no statute authorizing an award of counsel fees in this case, and no agreement obligating the plaintiff to pay such *fees, the award of counsel fees was improper. Thompson, J. P., Bracken, Rubin and Spatt, JJ., concur.
# L_2009149EN.01000401.xml

| 12.6.2009 | EN | Official Journal of the European Union | L 149/4 |
| --- | --- | --- | --- |

12.6.2009

EN

Official Journal of the European Union

L 149/4

---

COMMISSION REGULATION (EC) No 493/2009

of 11 June 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 12 June 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 June 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 37,3 |
| MK | 35,9 |
| TR | 46,6 |
| ZA | 28,0 |
| ZZ | 37,0 |
| 0707 00 05 | JO | 162,3 |
| MK | 31,4 |
| TR | 113,6 |
| ZZ | 102,4 |
| 0709 90 70 | TR | 113,7 |
| ZZ | 113,7 |
| 0805 50 10 | AR | 58,4 |
| TR | 58,3 |
| ZA | 53,0 |
| ZZ | 56,6 |
| 0808 10 80 | AR | 78,3 |
| BR | 73,1 |
| CL | 92,4 |
| CN | 102,4 |
| NA | 101,9 |
| NZ | 106,7 |
| US | 118,7 |
| ZA | 77,1 |
| ZZ | 93,8 |
| 0809 10 00 | TN | 146,2 |
| TR | 186,4 |
| ZZ | 166,3 |
| 0809 20 95 | TR | 441,7 |
| ZZ | 441,7 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

37,3

MK

35,9

TR

46,6

ZA

28,0

ZZ

37,0

0707 00 05

JO

162,3

MK

31,4

TR

113,6

ZZ

102,4

0709 90 70

TR

113,7

ZZ

113,7

0805 50 10

AR

58,4

TR

58,3

ZA

53,0

ZZ

56,6

0808 10 80

AR

78,3

BR

73,1

CL

92,4

CN

102,4

NA

101,9

NZ

106,7

US

118,7

ZA

77,1

ZZ

93,8

0809 10 00

TN

146,2

TR

186,4

ZZ

166,3

0809 20 95

TR

441,7

ZZ

441,7

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---
# L_2009353EN.01007001.xml

| 31.12.2009 | EN | Official Journal of the European Union | L 353/70 |
| --- | --- | --- | --- |

31.12.2009

EN

Official Journal of the European Union

L 353/70

---

Corrigendum to Council Common Position 2009/468/CFSP of 15 June 2009 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2009/67/CFSP

(
  Official Journal of the European Union L 151 of 16 June 2009
  )

On page 46, Annex, title of the Annex:

for:

‘List of persons, groups and entities referred to in Article 1’,

read:

‘List of persons, groups and entities referred to in Article 1 (1)

---

(1)  Persons, groups and entities marked with an * shall be the subject of Article 4 of Common Position 2001/931/CFSP only.’

1

---
#### All data considered provisional and subject to revision.

      Storage                    
csv

      Inflow                    
csv

      Inflow Volume                    
csv

      Power Release                    
csv

      Total Release                    
csv

      Pool Elevation                    
csv

      Evaporation                    
csv

      Power Release Volume                    
csv

      Release Volume                    
csv

      Area                    
csv

      Spillway Release                    
csv

      Bypass Release                    
csv

      Bypass Release Volume                    
csv

      Delta Storage                    
csv

#### All data considered provisional and subject to revision.

      Storage                    
json

      Inflow                    
json

      Inflow Volume                    
json

      Power Release                    
json

      Total Release                    
json

      Pool Elevation                    
json

      Evaporation                    
json

      Power Release Volume                    
json

      Release Volume                    
json

      Area                    
json

      Spillway Release                    
json

      Bypass Release                    
json

      Bypass Release Volume                    
json

      Delta Storage                    
json
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       6,694,420
<SECURITIES>                                13,220,581
<RECEIVABLES>                                6,569,370
<ALLOWANCES>                                   725,561
<INVENTORY>                                          0
<CURRENT-ASSETS>                            27,001,227
<PP&E>                                       2,699,398
<DEPRECIATION>                               1,030,543
<TOTAL-ASSETS>                              30,988,659
<CURRENT-LIABILITIES>                       12,118,152
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,858
<OTHER-SE>                                  18,409,790
<TOTAL-LIABILITY-AND-EQUITY>                30,988,659
<SALES>                                     13,075,657
<TOTAL-REVENUES>                            20,107,350
<CGS>                                        2,229,997
<TOTAL-COSTS>                                6,574,893
<OTHER-EXPENSES>                            23,892,978
<LOSS-PROVISION>                               507,283
<INTEREST-EXPENSE>                              11,135
<INCOME-PRETAX>                            (9,459,766)
<INCOME-TAX>                                 (306,168)
<INCOME-CONTINUING>                        (9,153,598)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (9,153,598)
<EPS-PRIMARY>                                    (.86)
<EPS-DILUTED>                                    (.86)
        

</TABLE>
#### Francisco Sanchez, Appellant, v State of New York, Respondent.

Submitted May 7, 2007;

decided June 7, 2007

Motion by the Legal Aid Society of the City of New York et al. for leave to file a brief amici curiae on the motion for leave to appeal herein granted and the brief is accepted as filed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice of meeting.

      ( print page 50791)    

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel Joint Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Thursday, October 28, 2021.

# FOR FURTHER INFORMATION CONTACT:

Gilbert Martinez at 1-888-912-1227 or (737) 800-4060.

# SUPPLEMENTARY INFORMATION:

Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Joint Committee will be held Thursday, October 28, 2021, at 1:30 p.m. Eastern Time via teleconference. The public is invited to make oral comments or submit written statements for consideration. For more information please contact Gilbert Martinez at 1-888-912-1227 or (737-800-4060), or write TAP Office 3651 S IH-35, STOP 1005 AUSC, Austin, TX 78741, or post comments to the website: *http://www.improveirs.org.*

The agenda will include various committee issues for submission to the IRS and other TAP related topics. Public input is welcomed.

Dated: September 3, 2021.

Kevin Brown,

Acting Director, Taxpayer Advocacy Panel.

[FR Doc. 2021-19504 Filed 9-9-21; 8:45 am]

BILLING CODE 4830-01-P
#### Louis Henry RODERICK, Jr., Plaintiff, v. Christopher S. BOND, and John Ashcroft, Defendants.

No. N82-0051C.

United States District Court, E.D. Missouri, N.D.

Dec. 6, 1982.

*184Michael H. Guberman, St. Louis, Mo., for plaintiff.

Nancy Kelley Baker, Asst. Atty. Gen., Jefferson City, Mo., for defendants.

MEMORANDUM

CAHILL, District Judge.

This matter is before the Court on the defendants’ motion to dismiss. The defendants argue, *inter alia,*in the motion to dismiss that although Louis Henry Roderick, Jr., filed this action under 42 U.S.C. § 1983, Roderick essentially seeks to reduce his jail sentence under state law and, therefore, Roderick has to pursue habeas corpus relief under 28 U.S.C. § 2254. Defendants conclude that the Court has to now dismiss this action because Roderick has failed to exhaust his available state remedies as required by § 2254. The Court agrees and dismisses this action without prejudice.

Roderick, an inmate at the Missouri Training Center for Men, commenced this action, initially *pro se,*under § 1983 alleging that the state trial judge impermissibly retroactively applied the Missouri Persistent Offender Act. Mo.Rev.Stat. § 558.016 (amended, effective Jan. 1,1979). The Persistent Offender Act allows a trial judge to sentence a person convicted of certain felonies to longer prison terms if that person has previously pleaded guilty or been found guilty of two or more felonies committed at different times. Roderick maintains that he was sentenced to a longer prison term under the Persistent Offender Act based on prior convictions that predate the effective date of the Act. Roderick seeks only injunctive relief to enjoin further application of the Act against him.

Granting Roderick’s request for injunctive relief would only serve one purpose — reducing the duration of his prison term. When a prisoner files an action that attacks the length of his confinement, his sole remedy is a writ of habeas corpus. *Preiser v. Rodriguez,*411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973). Thus, the Court will treat the § 1983 complaint as an application for habeas relief. It is now well settled that principles of comity direct that a prisoner must first exhaust his state remedies before seeking a habeas writ in federal court. *Rose v. Lundy,*455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). Roderick alleges that he was convicted in January, 1982. There is no evidence in the record that Roderick directly appealed his conviction to the Missouri appellate courts or sought postconviction relief under Mo.S. Ct.R. 27.26. In any event, recognizing the present caseload of the Missouri appellate courts, it is unlikely that Roderick’s appeal of his conviction or sentence has now been resolved if it was filed. Therefore, this case is dismissed. However, the Court will stay the effect of this dismissal for ten days from the date of this order to allow Roderick to present evidence that his available state court remedies have been exhausted. Otherwise the dismissal will become effective at the expiration of the ten-day period provided herein.
(logo)Bank of Hawaii
________________________________________________________________________________


Norwest Bank Minnesota, N.A.
11000 Broken Land Parkway
Columbia,  MD 21044-3562
Attention: Tracey Waldman



RE: Officer's Certificate

Dear Master Servicer:

The undersigned Officer certifies the following for the 1996 fiscal year:

(A) I have reviewed the  activities and  performance of the Servicer  during the
preceding  fiscal  year  under  the  terms  of the  Servicing  Agreement,  Trust
Agreement,  Pooling and Servicing Agreement and/or  Seller/Servicer Guide and to
the best of these  Officers'  knowledge,  the Servicer has  fulfilled all of its
duties,  responsibilities or obligations under these Agreements  throughout such
year,  or if there has been a default or failure of the  servicer to perform any
of such duties,  responsibilities or obligations,  a description of each default
or failure and the nature and status  thereof has been  reported to Norwest Bank
Minnesota, N.A.;

(B) I have  confirmed  that the Servicer is currently an approved  FNMA or FHLMC
servicer in good standing;

(C) I have confirmed that the Fidelity Bond, the Errors and Omissions  Insurance
Policy and any other bonds required under the terms of the Servicing  Agreement,
Trust Agreement,  Pooling and Servicing Agreement and/or  Seller/Servicer  Guide
are in full force and effect;

(D) All premiums for each Hazard  Insurance  Policy,  Flood Insurance Policy (if
applicable) and Primary Mortgage Insurance Policy (if applicable),  with respect
to each Mortgaged Property,  have been paid and that all such insurance policies
are in full force and effect;

(E) All real  estate  taxes,  governmental  assessments  and any other  expenses
accrued and due, that if not paid could result in a lien or  encumbrance  on any
Mortgaged  Property,  have been paid,  or if any such costs or expenses have not
been paid with respect to any Mortgaged Property, the reason for the non-payment
has been reported to Norwest Bank Minnesota, N.A.;

(F) All Custodial Accounts have been reconciled and are properly funded; and

(G) All annual  reports of  Foreclosure  and  Abandonment  of Mortgage  Property
required per section 6050J and 6050P of the Internal Revenue Code, respectively,
have been prepared and filed.



Certified By:



GLEN H.W. CHONG
Officer

ASSISTANT VICE PRESIDENT
Title

MARCH 25, 1997     
Date
RUEDI RESERVOIR NR BASALTLatitude: 39.36Longitude: -106.82Elevation: None

Ruedi Reservoir nr Basalt

Courtesy NRCS - Go to Chapman Tunnel Site Page...



Chapman Tunnel

Courtesy NRCS - Go to Ivanhoe Site Page...



Ivanhoe

Courtesy NRCS - Go to Kiln Site Page...



Kiln

Courtesy NRCS - Go to Nast Lake Site Page...



Nast Lake
# C_2021014EN.01000101.xml

| 13.1.2021 | EN | Official Journal of the European Union | C 14/1 |
| --- | --- | --- | --- |

13.1.2021

EN

Official Journal of the European Union

C 14/1

---

Non-opposition to a notified concentration

(Case M.10068 — Brookfield/Mansa/Polenergia)

(Text with EEA relevance)

(2021/C 14/01)

On 5 January 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10068. EUR-Lex is the on-line access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10068. EUR-Lex is the on-line access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack,

 Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 

August 21, 2020

Order 

Clerk

August 21, 2020

158852(100)

DETROIT ALLIANCE AGAINST THE RAIN

TAX, DETROIT IRON & METAL COMPANY,

AMERICAN IRON & METAL COMPANY,

McNICHOLS SCRAP IRON & METAL

COMPANY, MONIER KHALIL LIVING TRUST,

and BAGLEY PROPERTIES, LLC,

Plaintiffs-Appellants,

v SC: 158852

COA: 339176

CITY OF DETROIT, DETROIT WATER AND

SEWERAGE DEPARTMENT and DETROIT 

BOARD OF WATER COMMISSIONERS,

Defendants-Appellees.

_________________________________________/

On order of the Chief Justice, the motion of Trappers Properties et al. to extend the 

time for filing its brief amicus curiae is GRANTED. The amicus brief submitted on August 

17, 2020, is accepted for filing.