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Board of County Commissioners <br />December 31, 2019 <br />Page Two <br />There are three options for seeking further review: (1) a petition for panel rehearing; (2) a petition for <br />rehearing en banc; and (3) a petition for a writ of certiorari to bring the suit before the United States <br />Supreme Court for review. It is outside counsel's opinion, which the County Attorney shares, that these <br />petitions are not likely to be granted. Thus, outside counsel recommends, and the County Attorney <br />concurs, that the County should not seek further review in this suit. <br />If the Board wishes to seek further review, here are the filing deadlines for any future action in this case: <br />1. Deadline for petition for panel rehearing or rehearing en banc is February 3. <br />2. Deadline for petition for a writ of certiorari for Supreme Court review is March 19. <br />On November 20, 2018, the Board voted to allocate an additional $1 million to fight the proposed project. <br />Currently, there is $466,069.38 remaining in that account. If the Board chooses to file a petition, the <br />funding for the petition would come from this account. <br />FUNDING. <br />Funds for a petition would be available from the General Fund/County Attorney/Legal Services/Virgin <br />Trains, Account # 00110214-033110-15023. <br />RECOMMENDATION. <br />The County Attorney's Office recommends that Indian River County Board of County Commissioners not <br />file a petition for further review. <br />58 <br />