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BOOK 8120 FA,j-L 4 " ? <br />JACKSON V. INDIAN RIVER COUNTY, LEGAL EXPENSE <br />-The Board reviewed the following memorandum from Assistant <br />County Attorney Collins: <br />TO: The Board of County Commissioners <br />FROM: WC William G. Collins II - Assistant County Attorney <br />DATE: January 9, 1991 <br />SUBJECT: Jackson v. Indian River County <br />In early December, 1990 Judge Paul Kanarek entered a ruling ' <br />determining the County ordinance which required dedication <br />of right-of-way up to County minimum local road standards as <br />a condition of building permit unconstitutional on Its face. <br />Chester Clem, Esq., who represented the Plaintiff Jackson in <br />this case against the County, has advised me that he had <br />committed 74 hours to trial and trial preparation. I think - <br />this is a reasonable estimate as my own time involved in <br />this case was probably closer to 120 hours. Mr. Clem has <br />suggested that the case can be disposed of through a <br />stipulation for attorney's fees at $150.00 per hour plus <br />court costs incurred. This would amount to an attorney's <br />fee of $11,100.00 and court costs of $315.88. <br />RECOMMENDATION <br />Authorize the attorney's staff to enter into a stipulation <br />:for the payment of attorney's fees and costs In final <br />disposition of this case. Funds to come from MSTU <br />contingency. <br />Attorney Collins recapped that last December we went to Court <br />on the issue of the constitutionality of an ordinance which <br />required dedication of right-of-way as a condition of building <br />permits. Attorney Collins felt that Attorney Clem's fee for <br />representing the Jacksons seems reasonable at 74 hours because he <br />personally has spent at least 120 hours on this case. He, <br />therefore, would suggest the Board authorize Staff to enter into a <br />stipulation for payment of attorney's fees and costs as part of the <br />settlement. <br />Commissioner Scurlock complimented Attorney Collins on his <br />excellent presentation of our very weak case at trial and wanted to <br />say for the record that Attorney Collins did just about as good a <br />job as you possibly could have done with the facts at hand. <br />ON MOTION by Commissioner Scurlock, SECONDED by <br />Commissioner Eggert, the Board unanimously approved <br />authorization for the payment of attorney's fees and <br />costs in the final disposition of the case of Jackson v. <br />Indian River County, per Budget Amendment 018. <br />28 <br />