9/24/1996 - Laserfiche WebLink

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Book 99 ?Au Z3-5 WILLOW STREET LAWSUIT SETTLEMENT - DIRECTION TO STAFF County Attorney Vitunac reviewed a Memorandum of September 18, 1996: TO: Board of County �� Commissioners FROM: Charles P. Vitunac, County Attorney DATE: September 18, 1996 RE: Willow Street Lawsuit At the request of many of the residents in the Willow Street area south of Fellsmere, the Board of County Commissioners recently approved an assessment program to pave Willow Street. Simultaneously the City of Fellsmere undertook an assessment program for the portion of Willow Street within the city limits. The property owner most affected by the assessment cost, Mr. Rahn, filed suit in federal court. Since he made a claim for money damages, the County's insurance policy has undertaken the defense. It was the County's hope, after reviewing the lawsuit, that the suit could be dismissed at an early stage. However, our insurance lawyer, Mr. Reynolds, was unsuccessful in getting the suit dismissed, and indicates that it could be anywhere from one to nine years before the matter comes to trial. In an attempt to build the road much soonere than that, the Public Works Department and County Attorney's Office have discussed a settlement offer with Mr. Reynolds and with the plaintiff. The plaintiff has accepted this subject to the Board of County Commissioners' approval. The settlement would have the plaintiff dismiss his lawsuit with prejudice while.the County would repeal its special assessment project, essentially bringing the parties back to the position they were in before this matter started. Each side would bear its own costs and attorney's fees in the lawsuit, except that if the plaintiff sues the County on any future assessment program for Willow Street within the next two years, the plaintiff could submit a claim for attorney's fees in this first case. In the meantime if the County Commission desires to proceed with the paving of Willow Street, the Public Works Department and the County Attorney's Office suggest an enlarged benefited area and different funding mechanism so that the project cost would be more affordable and more fairly apportioned. The following options are presented for the Board to consider: (1) Enter into a settlement of the federal lawsuit having the case dismissed with each party bearing its own costs and attorney's fees, subject to the one attorney fee proviso just mentioned, while the Public Works Department withdraws its special assessment program, releases all liens, and returns any escrowed funds; and direct staff to develop a better assessment program for the Board to consider. 53 September 24, 1996 i