$450K bill lights up legal fee debate

Plantation lost suit vs. family holiday display

A symbol of Christmas joy has turned into a nearly halfmillion-dollar legal bill for Plantation taxpayers.

The city last year lost its lawsuit against a couple over a massive Christmas display, but its legal fees amounted to as much as $450,000.

Now, some city leaders want to know why their attorneys’ bills went without greater scrutiny after a failed attempt to shut down Mark and Kathy Hyatt’s annual display.

Plantation Councilman Jerry Fadgen wants an outside attorney to review the bills presented by City Attorney Don Lunny and his firm, Brinkley Morgan. Although most

charges were specific about the attorneys’ work, Fadgen said some entries were so vague they need further explanation. Among the invoices: • Feb. 26, 2014: One entry only states that an attorney did “work on case” for an hour. The cost: $260.

• May 28, 2014: “Continue work on matter and preparation of responding in case.” Cost for an hour and a half of work: $300.

• July 16, 2014: “Review status and consider future action.” The cost for 12 minutes of work: $52

Councilwoman Lynn Stoner agreed that the bills need more scrutiny.

“I think we owe it to our taxpayers who had to foot $450,000,” Stoner said.

Fadgen said he was urged to look into the matter by Plantation resident Sam Fields, an attorney who took it upon himself to review 138 pages of bills from February 2014 to March 2017. In turn, Fadgen asked that City Hall also provide him copies of the bills.

More details must be included in invoices, such as “what was the case law and what was the purpose,” Fields told the City Council on Wednesday night. “How can someone not ask questions? ... It’s a lot of money to fight about a Christmas tree.”

In an interview, Fields said, “If you read it and you can’t figure out what the actual legal work was, it’s questionable.”

Plantation sued last year to force Mark and Kathy Hyatt to rein in their attraction, which they host each year on the front lawn of their home. The city cited public safety concerns, arguing that scores of visitors clogged the streets. A Broward judge ruled in favor of the Hyatts.

During Wednesday’s meeting, Mayor Diane Veltri Bendekovic said she opposed questioning the bills. “The case was closed,” she said. “It’s over with . ... You want to stay in the past.”

Fadgen said he still plans to ask the council this summer to vote for an audit of the legal bills. “Forensic auditing is always after the fact,” he said. “[You] always look back.”

Lunny was present during Wednesday night’s discussion but remained silent. He worked on the Hyatt case, and two of his colleagues were the trial attorneys in the courtroom.

Lunny’s assistant on Thursday told the Sun Sentinel that he would not comment on a pending matter.

Mark Hyatt, whose home decorations spurred the lawsuit, has since been elected to the City Council. He said he agrees with the city’s conducting an audit.

In addition to the legal bills, taxpayers were on the hook to reimburse the Hyatts $15,000 for fees linked to defending themselves against the suit, including charges for transcripts, witness fees and documents.

“It just blows my mind the kind of cost that was involved,” Hyatt said. “The billing is out of hand and excessive.”

JIM RASSOL/STAFF FILE A judge ruled in favor of the Hyatt family of Plantation after the city tried to rein in their popular Christmas display. Residents had complained about traffic and safety issues.