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Board of County Commissioners <br />February 11, 2020 <br />Page Two <br />Since that Board meeting, private citizens have been raising money to file a petition for review by the <br />United States Supreme Court. The deadline for filing such petition is March 19. The private citizens want <br />the Board to hire Kannon K. Shanmugam with the law firm of Paul Weiss. Mr. Shanmugam clerked for <br />Justice Antonin Scalia and Judge Michael Luttig, who served on the United States Court of Appeals for <br />the Fourth Circuit. Mr. Shanmugam estimated that the cost to file the petition would be approximately <br />$200,000. He also stated that if the Supreme Court decided to hear the case, he would be willing to <br />charge the Board approximately $400,000 to fully brief and argue the case. If the United States Supreme <br />Court were to grant jurisdiction, I would recommend that the Board fund the costs as set forth by Mr. <br />Shanmugam for the complete prosecution of the case before the Supreme Court. <br />On November 20, 2018, the Board voted to allocate an additional $1 million to fight the proposed project. <br />As of February 4, 2020, there was $458,152.38 remaining in that account. If the Supreme Court grants <br />jurisdiction, the funding for the briefs and argument would come from this account. <br />FUNDING. <br />Funds for briefing and argument, if jurisdiction is granted, would be available from the General <br />Fund/County Attorney/Legal Services/All Aboard Florida, Account # 00110214-033110-15023. <br />RECOMMENDATION. <br />The County Attorney's Office recommends that if the private citizens are able to raise the $200,000 <br />necessary to fund the filing of a petition for certiorari by the end of February, then the Indian River <br />County Board of County Commissioners enter into an agreement with Mr. Shanmugam to handle the <br />litigation before the United State Supreme Court, at a cap of $200,000 for the petition for certiorari, with <br />the private citizens funding the cost of seeking jurisdiction, and the Board funding the remaining costs, not <br />to exceed $400,000, for the costs of further briefing and argument if jurisdiction is granted. <br />188 <br />