July 2015
Serving Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and Coastal Delray Beach
Gulf Stream By Dan Moffett
Judge tosses out Gulf Stream’s RICO suit O’Boyle and Sweetapple clash during deposition
Gulf Stream’s legal offensive against Martin O’Boyle and Chris O’Hare suffered a huge setback late last month when a West Palm Beach judge threw out the town’s federal racketeering suit against the two men. U.S. District Court Judge Kenneth Marra said that, while he was sympathetic with the
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town’s “very difficult situation” because of the hundreds of public records requests O’Boyle and O’Hare had filed, their actions did not meet the legal standards for suing under the RICO statute. Marra, in effect, told the
town to fight it out with the two litigious residents in the state court and forget the federal class-action case. O’Boyle and O’Hare, the judge said, “had the absolute right under current Florida law to file public records requests and then file lawsuits if requests went unanswered.” O’Hare said he was elated with the decision. He said the town’s suit against him had
strained his family and hurt his business. “I can’t begin to tell you how debilitating this RICO accusation has been for me and my family,” O’Hare said. “I have had to do a lot of explaining, sometimes to perfect strangers but also to state officials and others involved in my artificial reef efforts.” Mayor Scott Morgan, a lawyer, said the defeat shouldn’t
be construed as validation for the behavior of the town’s two most zealous critics. “While we are disappointed in the court’s decision, it is important to note that the judge was not excusing the defendants’ actions,” Morgan said. “Rather, he simply held that the filing of public records requests and lawsuits, whether malicious See RICO on page 8
South Palm Beach
Along the Coast
New manager riles residents, resigns; council begins search for replacement
Caryn Foltz has sketched images of the area and paired them with her thoughts that day in a book she calls SandScript. Bruce Borich/ The Coastal Star
By Dan Moffett Three months after leaving Princeton, N.J., and taking over as the town manager of South Palm Beach, Jim Pascale told residents they should think about whether the town should continue to exist. Many were caught off guard. They were planning to celebrate South Palm Beach’s 60th anniversary later this year. Bad timing aside, Pascale Pascale won’t be remembered for a lack of chutzpah in talking about offing the town that just hired him. But as a career move, it was pretty much suicidal. “He had a lot of ideas and was putting them all out at once to see which ones would stick. People just weren’t able to deal with that. It was too much,” said Mayor Bonnie Fischer. “They thought his ideas showed he didn’t understand what people liked best about the town. He told us he just wasn’t a good fit for the town, and so he resigned.” Pascale’s brief and stormy tenure ended the first week of June when he approached town officials
Memories ...
Gulf Stream woman’s sketchbook records a rapidly changing area By Ron Hayes The first sketch in her book was done on Nov. 16, 2008, at 8:30 a.m., when the temperature in Gulf Stream’s public park was 68 degrees. The last one arrived on April 5, 2015, at 9:15 a.m., a drawing of the sign outside Dock Square Clothiers on East Atlantic Avenue in Delray Beach. The temperature that morning was 73. In between, the simple blue sketchbook that Caryn Foltz bought at Hand’s Stationers to reunite with her love of art became a weapon, too. See SKETCH on page 14
See PASCALE on page 8
Inside
Swim lessons
Judge ends Lucibella recall Petitions to oust councilman were legally flawed, court decides. Page 10
Atlantic Crossing builder sues Suit claims city is delaying construction on $200 million project. Page 13
Volume 8 Issue 7
Interesting mix Cultural Council Biennial exhibition showcases range of styles. Page AT7
Drowning prevention is the focus of summer programs at local pools. Page H1