June 21-2008 Delray Beach Fl
Former Delray Marina resident and boat owner, Robert Hauptfuhrer, has filed a million dollar lawsuit against the City of Delray Beach and two of its officials for civil theft, conversion and conspiracy in the loss of his 33 foot Cruising Trimaran after Hurricane Wilma in 2005.
An accomplished guitarist and musician, Hauptfuhrer, whose professional name is Bob Inglis, was a member of the rock band, The Main Ingredients, in the 1970s. After a successful and active music career, Inglis retired in 1996 and moved to Florida and eventually to Delray Beach, where he docked his boat, the “Benne Santa” at the Delray Beach Marina and had lived in the vessel as his home since 2003.
On October 23, 2005, as Hurricane Wilma was bearing down toward Florida, he secured his boat in its slip with multiple anchors and lines in a manner he believed to be sufficient to withstand the anticipated heavy winds.
When Hurricane Wilma struck the City of Delray Beach, a tornado lifted the Bonne Sante and tossed it onto the dock at the Delray Beach Marina, damaging its pontoon above the water line. The vessel was impaled by two of the dock posts, neither of which damaged the hulls below the water line. The boat was floating and raised and ebbed with the tide. It never sank and caused no damage to the dock.
After the storm passed and Hauptfuhrer discovered the damage to his vessel, he immediately contacted the Delray Beach Police. When the police later arrived, Hauptfuhrer informed them that it was his vessel and asked for suggestions as to whom he might contact to remove it from the dock and right the boat. After talking to the Police, Hauptfuhrer called the Delray Beach Parks Department advising them that he wanted to continue to be a good resident and pay his dock rent.
Hauptfuhrer then contacted numerous contractors and received an estimate of $4,100 to lift the boat and place it back in the water. Because of the trimaran's construction, the boat would have floated despite the damage to it. The contractor came to the dock to inspect the vessel and informed Hauptfuhrer that righting the boat would be no problem, advising Hauptfuhrer to “call me when you have the other $2,000.00 and I'll come back." Hauptfuhrer told the contractor he would have the full amount ($4,100.00) in 5 days.
Over the course of the next several days, telephone messages were left on Hauptfuhrer’s cell phone from Delray officials demanding that he come to City Hall to “sign the letter.” Bewildered as to what they were referring to, Hauptfuhrer called the City and spoke with Gail Vanhove, Administrative Assistant, Parks & Recreation Department, whom he informed that he intended to get his boat back into the water. Vanhoe advised Hauptfuhrer not to ask for her because she had been instructed not to talk to him. She directed Hauptfuhrer to ask for Parks & Recreation Director Joseph Weldon’s niece, Carol Pierpont, the Executive Assistant and the person who controlled the financial records.
Shortly thereafter, Hauptfuhrer spoke with Joseph Weldon, Director of the City’s Parks and Recreation Department, which oversees the operation of the marina, at which time Weldon informed Hauptfuhrer that he would have to attend an auction for the boat and bid against others to recover ownership of his boat. Weldon informed Hauptfuhrer that it was going to cost him a lot of money, and laughed.
On November 14, 2005, unbeknownst to Hauptfuhrer and without notice to him, Weldon and an employee from an as yet unidentified marine towing company came with a large crane, put Hauptfuhrer’s vessel on a barge and hauled it away. The vessel and its contents are valued in excess of $363,150.00.
After his boat was taken away, several boat captains reported to Hauptfuhrer that they had observed his boat being taken north, out of Palm Beach County, on a large barge.
Hauptfuhrer, through his counsel, requested that the City provide him with information regarding the company who removed the vessel and where the vessel was disposed.
The City, through its agents and employees, Joseph Weldon and Susan Ruby, City Attorney, deliberately obstructed Hauptfuhrer in his efforts to find his boat and home. Weldon gave Hauptfuhrer no notice of intent to confiscate his vessel, no sticker or red tag from the City Engineer, and refused to inform him who had removed the vessel.
Hauptfuhrer’s three count complaint accuses two City officials, retired Recreation Director, Joseph Weldon, and City Attorney, Susan Ruby, of conspiring to steal the boat and his personal property contained therein and then conspiring to conceal Weldon’s and the unidentified marine towing company’s theft of Plaintiff’s boat and his personal property contained therein.
The City and Weldon are also charged with “conversion,” or unlawfully taking and carrying away Hauptfuhrer’s vessel and his personal property contained in the boat and converting and disposing of it for Weldon’s own use and the use of the City, by immediately selling, giving or otherwise transferring it to the unidentified towing company.
The City, Weldon and the unidentified towing company are also charged with civil theft of the vessel and contents under Florida statute 772.11, which permits treble damages.
