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BOOK 95 pAu 72 <br />Brief analysis of the courses of action: <br />1. If course of action #1 is followed, this is clearly within the <br />authority of the Board and there would appear to be no liability on the <br />Board's part for taking this course. <br />2. If course of action #2 is followed, the Board could be subjected to <br />a law suit by Cairns - -If he should prevail, damages against the <br />County would likely follow. <br />3. If course of action #3 is followed, the Board would take such <br />action, if any, as ordered by the Court. There would appear to be no <br />liability on the Board's part for taking this course. <br />Recommendation: <br />This office recommends that the Commission not select course of action <br />#2 because of the potential liability. With respect to courses of action <br />#1 and #3, one of these courses should be selected. This office makes <br />no recommendation as between these choices. <br />Chairman Macht asked Attorney O'Brien's opinion on the <br />liability exposure, and Attorney O'Brien responded that their <br />office has expressed an opinion that they feel there is some <br />requirement on the County to build the road and if we didn't build <br />it and Mr. Cairns were to take the County to court and prevail, he <br />would probably be able to get damages for a temporary taking. <br />Commissioner Eggert commented for information purposes that <br />the road is not in place on the County's future transportation plan <br />and the topic drew a lot of discussion within the MPO committee. <br />Chairman Macht asked if that would affect our liability and <br />County Attorney Vitunac responded that it would have no effect on <br />liability. <br />Robert Cairns, 425 W. Colonial Drive, Orlando, Florida, the <br />managing partner for Vero Sand Pines Partnership, owner of the <br />property, gave the history and understanding of what they thought <br />would happen to the property. He reviewed his letter of April 19, <br />1995: <br />(9 <br />ROBERT A -CAIRNS, <br />Mr. Charles It pr'"`r°Q`"`'"�'S"°" <br />County Attorney <br />County Administration Building <br />1840 25th Street <br />Vero Beach, Fl. 32960 <br />Re: Vero Sand Pines request for Storm Grove Road <br />Dear Mr. Vitunac, <br />Suite 206 <br />425 West Colonial Drive <br />Orlando, Florida 32804 <br />Telephone <br />407$49-8745 <br />April 19, 1995 <br />The purpose of this letter is to ask the County to proceed with the request for Storm <br />Grove Rd. west of U.S. #I to the land owner's ( Vero Sand Pines ) easterly boundary. it is the <br />46 <br />May 16, 1995 <br />