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2016-185C
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4/13/2018 4:28:02 PM
Creation date
4/13/2018 4:26:20 PM
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Attorney-Client Litigation Session
Agenda Item Number
13.A.
Entity Name
St. John’s River Water Management District
Meeting Date
10/18/2016
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I <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />have 90 days to accept that ruling, adopt it in part and <br />the like, so but something would indicate to me that <br />probably the agency would move a lit bit quicker than the <br />90 days in the current situation. <br />So pros and cons as we evaluate sort of the <br />litigation strategy cost issue: <br />Pros of the case as we move forward in terms of <br />the litigation cost, is: We don't waive any arguments. <br />Something that could happen later on is an attorney for <br />All Aboard Florida could say, Well, you should have raised <br />that issue, you know, with regards to the district and you <br />didn't file your petition, therefore, you've waived your <br />right to raise this issue about this wetlands' permit or <br />this storm water issue you, you kind of gave it away, this <br />isn't the forum for that, Mr. Reingold; <br />And another positive is that we have the <br />opportunity for discovery. As you know, we had very <br />little discovery on... in the federal case and that was on <br />their financials but we haven't had any discovery really <br />on the project itself. So this might be able to give us a <br />window to offer to depose All Aboard Florida <br />representatives, engineers, consultants, maybe even state <br />folks as well on that issue. The permit is not final <br />until this process is completed; <br />And then, finally, just from a litigation <br />VERO BEACH COURT REPORTERS <br />772-231-2231 <br />7 <br />
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