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property. The County entered into eminent domain litigation. In <br />such cases, the County is required by law to pay all legal and <br />expert witness fees up to the time a final offer of summary <br />judgment is made, regardless of who wins the case. The County made <br />its final offer of summary judgment in the amount of $575,000.00 - <br />about 40 days before the trial and the property owners refused the <br />County's offer. <br />Attorney Collins explained that Indian River West planned to <br />take the case to the Florida Supreme Court but have now made an <br />offer of settlement. If we do not settle and a new trial is held, <br />we risk the possibility of the appellant winning the case. The <br />County would then have to pay the higher price for the land and be <br />responsible for all costs associated with the appeal. <br />Attorney Collins advised that we could file a lawsuit to have <br />the attorney and expert witness fees reduced, but recalled a <br />similar case where the Court decided that the attorney and expert <br />witness fees were reasonable. <br />Chairman Bird suggested that we review this whole scenario and <br />determine if there was something that might have been handled <br />differently. <br />Administrator Chandler stressed that you always take a chance <br />when you go to Court in these cases. The frustrating part of it is <br />that we have to pay the legal fees even though we won the case. <br />Commissioner Macht felt that we should take this to the <br />Supreme Court because of the principal involved. <br />Attorney Vitunac explained that if we reject the settlement, <br />take the case to the Supreme Court and win, we will not save any <br />money. <br />Director Davis pointed out that we have already sent a strong <br />message to the community by taking this to Court and prevailing. <br />We would not have been able to settle parcels 110 and 111 if we <br />hadn't won this case. The word has gotten around that we won a big <br />one. <br />Further discussion ensued, and Attorney Vitunac concluded that _ <br />this settlement is not a bad deal for the County. <br />THE CHAIRMAN CALLED FOR THE QUESTION. <br />It was voted on and carried 4-1, Commissioner Macht <br />dissenting. <br />87 <br />SPR 6199 BOOK $� FBF 2:84 <br />