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f m AUTHORITY TO FILE CROSS APPEAL AND HIRE APPELLATE ATTORNEY RE ANNEXATIONS BY INDIAN RIVER SHORES ATTORNEY COLLINS INFORMED THE BOARD THAT WE NOW HAVE THE BRIEF IN FROM THE APPELLATE COURT ON THE INDIAN RIVER SHORES ANNEXA- TIONS, AND BASICALLY IT IS PRETTY MUCH THE SAME ARGUMENTS THAT WERE MADE AT THE ORIGINAL SUMMARY JUDGMENT HEARING. HE CONTINUED THAT LATELY WE HAVE TAKEN THE POSITION THAT THE ANNEXATIONS, IF THEY ARE VOID, ARE VOID AS TO ALL THE PROPERTIES, NOT JUST THOSE OWNED BY THE COUNTY, AND FOR THAT REASON, HE FELT IT WOULD BE APPROPRIATE TO FILE A CROSS APPEAL REQUESTING THE DISTRICT COURT TO OVERRULE THE JUDGES SUMMARY JUDGMENT ORDER WHERE HE LIMITED IT JUST TO THE COUNTY PROPERTY. ATTORNEY COLLINS THEN REPORTED THAT INDIAN RIVER SHORES HAS HIRED A COUNSEL OUT OF PALM BEACH, WHO BASICALLY DOES NOTHING BUT APPELLATE WORK, AND THE BRIEF HAS REQUESTED ORAL ARGU- MENTS. ATTORNEY COLLINS, THEREFORE, SUGGESTED THAT THE COUNTY HIRE A PALM BEACH APPELLATE FIRM TO ARGUE THAT CASE ORALLY ON BEHALF OF THE COUNTY AND TO REVIEW THE BRIEFS. HE INFORMED THE BOARD THAT HE HAS CONTACTED SOME FIRMS AND HAS A RECOMMENDATION - THIS COUNSEL S FEES WOULD BE $75.00 AN HOUR WHILE THE COUNTY ATTORNEYS ARE BASICALLY $60.00 AN HOUR, HE NOTED THAT HIS FIRM STILL WOULD DO MOST OF THE WORK; THE APPELLATE COUNSEL WOULD REVIEW THEIR WORK, MAKE THE ADDI- TIONAL COMMENTS, AND BE INVOLVED IN THE ARGUMENTS. ATTORNEY COLLINS STATED THAT HE IS LOOKING FOR TWO THINGS: APPROVAL TO FILE THE CROSS APPEAL AND AUTHORIZATION TO HIRE ADDITIONAL COUNSEL, APPEAL. COMMISSIONER LYONS ASKED WHAT THE REASON WAS FOR THE CROSS ATTORNEY COLLINS EXPLAINED THAT THE COUNTY IS ABOUT TO ACQUIRE ADDITIONAL LANDS THAT ALSO WOULD BE AFFECTED BY THE SAME THING, AND IF WE CAN HAVE THIS COURT ENTER AN ORDER THAT THAT IS OUR PROPERTY, WE CAN SAVE OURSELVES FUTURE LITIGATION. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO FILE THE CROSS APPEAL AS DISCUSSED AND TO HIRE ADDITIONAL COUNSEL TO ASSIST WITH THE APPELLATE WORK AS ABOVE. 114 SEP 101980 Boa: 44 F►�G% 550- I