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ZL. BLA%EANn TORREs v. INDLwRivER CoumT <br />The Board reviewed a Memorandum ofAugust 20, 1998: <br />TO: Board of Countv Commissioners <br />FROMTerrence P. O'Brien, Assistant County Attorney <br />DATE: August 20, 1998 <br />SUBJECT: Blake 8; Torres v. Indian River County <br />The County is a defendant in an inverse condemnation lawsuit brought by the <br />owners of property located on the northwest corner of Oslo Road and Old Dixie <br />Highway. During the course of construction of improvements to the <br />intersection at Oslo and Old Dixie, a storm sewer manhole and a force main <br />were installed several feet into the Blake and Torres property. This established <br />the basis for an inverse condemnation law suit which also includes a plea for <br />damages for the loss of access to Oslo Road. <br />The County made an offer of judgment for $20,000 to settle the lawsuit. This <br />was rejected. Blake & Torres made an offer to settle for $45,000 which the <br />County rejected. Through negotiations, Blake & Torres have reduced the <br />settlement figure to $35,000.00 plus costs. Costs are approximately $3,100.0u. <br />Attorney fees will be the subject of a separate court action. Inverse <br />condemnation, like condemnation, results in the County paving for experts, <br />costs and the like for the Plaintiffs if they prevail and in this case there has <br />been a taking. This can result in high costs to the County, for example, the <br />price we have received from our appraiser to 1) determine the value of the <br />property taken and 2) the value of the tract before and after the taking is <br />S10.000. <br />In view of the foregoing, it is recommended that the Board approve the <br />attached joint stipulation which will settle the case except for attorney fees. <br />Commissioner Adams wanted to confirm that this settlement agreement does not cover <br />attorney fees, and Assistant County Attorney Terry O'Brien confirmed that understanding. <br />ON MOTION by Commissioner Adams, <br />SECONDED by Commissioner Eggert, the Board <br />unanimously approved the Joint Stipulation with <br />Glenn M. Blake and Frances Pace Blake, his wife, <br />and Terry T. Torres and Mary S. Torres, his wife, <br />settling Case No. 97 -0228 -CA -05 except for attorney <br />fees; as recommended by staff. <br />SEPTEMBER 1, 1998 <br />-21- BOOK JLOG PAGE l0`3 <br />