STUART — The owners of the historic Post Office Arcade in downtown Stuart on Tuesday filed an eviction and breach of contract lawsuit against Nature’s Way Cafe and its owner Marion Biggins, court papers show.

In the complaint filed in Martin County Circuit Court, an attorney representing Stuart Arcade Associates Inc., claimed Biggins and Nature’s Way, at 25 Southwest Osceola St., have failed to pay July’s rent and other expenses totaling $10,807. (more…)

VERO BEACH — The first Treasure Coast drug dealer convicted of murder in a drug overdose death case got sentenced to 30 years in state prison Thursday, the maximum penalty.

Drug dealer William McCartney III, 23, will serve up to 30 years in state prison, Circuit Judge Robert Hawley ruled Thursday. McCartney was sentenced as a habitual offender, making it harder for him to earn parole.

Hawley ordered him to 30 years in jail for third-degree murder, 30 years for selling two capsules of methadone and 10 years for selling a number of pills of Xanax, an anti-anxiety medication.

But all the sentences will run at the same time, totaling 30 years. (more…)

VERO BEACH — Indian River County Administrator Joe Baird’s first public appearance in his DUI case came Wednesday in a court hearing that was quickly postponed at the request of defense and prosecution attorneys.

The attorneys said they needed more time to prepare their cases.

But Indian River County Judge David Morgan told the attorneys he intends to set the case for trial the week of Aug. 24.

Baird has pled not guilty to DUI and speeding charges and is asking for a jury trial.

Outside the courtroom, Baird, 52, declined comment on the advice of his attorney. He was accompanied by his girlfriend, Karen Deigl, president of the Indian River Senior Resource Association, who was there for moral support and to drive him to the hearing, Baird said.

The state revoked Baird’s driving license because he refused to take a Breathalyzer test at the time of his arrest on the night of May 16.

Baird’s case next comes up for court review on Aug. 19 when Morgan is scheduled to take up what he didn’t hear Wednesday: Defense attorney Bobby Guttridge’s request that charges against Baird be dismissed because he said police didn’t have justifiable reasons for stopping him.

Police said he was speeding and made a wide turn, according to court records.

Also, Guttridge wants Morgan to suppress Baird’s statement to police that he was going to the Long Branch Saloon, a bar in Vero Beach, when he was stopped by police.

Assistant State Attorney David Dodd said he may have some additional witnesses. Before trial, attorneys are allowed to interview witnesses who may be called to testify at trial.

By Elliott Jones, TCPalm.com

INDIAN RIVER COUNTY — The attorney for County Administrator Joe Baird says the police traffic stop that led to Baird’s arrest on DUI and speeding charges was illegal.

And on Wednesday, attorney Bobby Guttridge plans to ask County Judge David Morgan to throw out the case, according to court documents. (more…)

When the Martin County Commission fired Duncan Ballantyne from his $147,250 a year job as county administrator on St. Patrick’s Day, a pot of gold awaited the seasoned bureaucrat.

For starters, Ballantyne remained on the county payroll for a month after he cleaned out his office because he was entitled to a 30-day notice of his termination.

Since his official last day on April 23, Ballantyne has collected a total of $84,451 as a result of the severance package he negotiated when he was hired in the fall of 2005, county records show. And his initial severance period doesn’t end until Aug. 23.

Ballantyne’s severance package is not unusual for local government managers and attorneys on the Treasure Coast. In fact, 13 local government managers and attorneys in Martin, St. Lucie and Indian River counties are entitled to severance pay for six months, or longer, if they are fired without cause. (more…)

PALM CITY — Hard financial times have turned tumultuous at a local church, with the pastor using a sheriff’s deputy to keep elders outside the sanctuary doors and the elders, in turn, filing suit to remove the pastor.

In the lawsuit filed Wednesday in Martin County Circuit Court, seven members of Palm City Christian Church charge Pastor Anthony “Pastor Tony” Galbicka with breach of fiduciary duty and seek a ruling “ousting” him and voiding the “improper and/or illegal” actions he took.

The suit also alleges Galbicka slandered one plaintiff, Edward Taudien, when the pastor told other church members Taudien had stolen money from the church. The suit counters that Taudien had donated more than $168,000 to the church and loaned it $200,000 to build the sanctuary at 6450 Martin Highway in western Palm City.

Galbicka could not be reached Thursday at his home in Palm City, at the church, via telephone or by e-mail.

Robert J. Watson, a Stuart attorney representing the plaintiffs, said he expects a hearing on his request for a temporary restraining order against Galbicka to be scheduled late this month or early August.

According to the lawsuit, the 80-member church “began to struggle financially” this year; at a May 28 meeting attended by Galbicka, the elders approved several spending cuts, including reducing the pastor’s salary “by a modest percentage.”

Watson said the cut was to be about 15 percent, adding the church paid Galbicka’s housing and car expenses plus $22,000 a year. Details of how to make the cut had not been worked out, he said. (more…)

STUART — A group of residents suing Martin County because they contend the extension of airport runways at Witham Field has damaged their property values will have to wait until December to find out how the trial will be handled.

Attorneys for the group have filed motions asking they be allowed to file a class-action suit, a request opposed by Martin County, which operates Witham Field. (more…)

PORT ST. LUCIE — Members of the anti-tax group Treasure Coast Tea Party are demanding an apology from city officials, claiming their civil rights have been violated.

Organization members said they were singled out at the city’s Freedomfest over the weekend by being put into a special area — with a sign nearby stating Port St. Lucie did not back their views or opinions.

A spokesman for the city called the accusations “nonsense.” But Port St. Lucie officials continue to receive e-mails and phone calls critical of the city’s actions at the new Civic Center.
(more…)

FORT PIERCE — A father at a house where 10 children were suspected of living in filth pleaded no contest Monday to a child neglect charge.

Rupert Anthony Thompson, 32, father of some of the children and stepfather of others, was arrested in October 2008 after authorities say they found feces, flies, roaches, trash, dirty diapers, rotting food, urine and exposed electrical outlets in the house in the 1100 block of Jasmine Avenue. The children ranged in age from 4 months to 12 years.

As part of a plea agreement, the State Attorney’s Office will recommend Thompson receive two years of probation when he’s sentenced by Circuit Judge Larry Schack. Sentencing is scheduled Aug. 19.

Staff report

VERO BEACH — The Florida Department of Highway Safety and Motor Vehicles upheld its suspension of County Administrator Joe Baird’s driving license for refusing to take a Breathalyzer test May 16, a state official said Monday.

Vero Beach Police charged Baird with DUI and cited him for speeding. The cases are scheduled to come up for court review on July 22 in Indian River County Court.

Under state law, Baird’s license was automatically suspended for refusing to take a roadside breath test for alcohol. His attorney, Bobby Guttridge, appealed the ruling, saying Baird wasn’t properly advised of the penalties for refusing the test.
(more…)