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.;� MAY49 `82a <br />TO: Board of DATE: May 11, 1982 FILE: <br />County Commissioners <br />FROM: Gary M. Brand <br />County Attorn <br />SUBJECT: Abandonment of Suit #81-09 <br />Division of Administration, <br />State of Florida; Dept. of <br />Transportation and Indian <br />River County v. Paul Hofffian <br />REFERENCES: <br />When the County originally began proceedings to condemn property <br />for the extensioneof Barber Avenue to the proposed extension of <br />Indian River Boulevard one parcel was omitted. The parcel located <br />on the south side. of -the proposed intersection of Barber Avenue and <br />Indian River Boulevard running to the east was thought to be owned <br />by the Trustees of the Internal Improvement. Trust Fund of the State <br />of.Florida. When it -was determined that the State did not own the <br />parcel, Ralph Evans brought Case No. 8I-09 on behalf of :DOT and <br />Indian..River:.County to acquire the parcel. Subsequently, the <br />County formally abandoned current plans for the Indian River <br />Boulevard Extension. The law suit has laid dormant ever since. <br />The attorney for the property owner filed a --Motion to Dismiss the <br />condemnation suit for lack of progress and to tax attorney fees. <br />Instead of wasting the Court's time and incurring additional <br />attorney fees and expenses, I called Mr. Slinkman and suggested <br />that he write the letter that appears as an attachment to this <br />memorandum. <br />The County Attorney respectfully.requests your approval to execute <br />a voluntary dismissal of the law suit and further authorize payment <br />of a.$400.00 attorney fee to Mr. Slinkman. <br />On. Motion made by Commissioner Lyons, seconded by <br />Commissioner Fletcher, the Board unanimously authorized the <br />County Attorney to execute a Notice of Voluntary Dismissal, <br />and that $400 be paid to Attorney Slinkman. <br />Attorney Brandenburg discussed the adjacent strip of <br />property that the County had acquired, through the original <br />condemnation, for a settlement of $2,000. The NS&T Bank of <br />New <br />York <br />is now <br />requesting <br />that <br />this settlement be paid; <br />then <br />the <br />County <br />would have <br />clear <br />title. He added that the <br />adjoining property owner may possibly be interested in <br />purchasing that strip of property from the County. <br />