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Special magistrate finds town did not meet burden in disputed culvert/imminent-threat case
Summary
After a daylong hearing, Special Magistrate Amity Barnard found the Town of Loxahatchee Groves had not proved a code violation tied to a culvert and roadway washout, citing gaps in the town's pre-notice evidence and conflicting testimony.
Amity Barnard, the special magistrate for the Town of Loxahatchee Groves, ruled Feb. 3 that the town had not met its burden to prove a code violation tied to a damaged culvert and roadway washout at 14090 North Road.
Barnard cited a lack of contemporaneous photographic evidence showing the culvert condition before the town posted its notice of violation on Oct. 28, 2025, and said testimony and documents in the record were conflicting. "I have not found the town to meet its burden," Barnard said when announcing her findings and entering an order finding…
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