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z ovER c <br /> .�� � of o, Office • <br /> q' k ` 6onsen/ 05/19/201 i <br /> A!• : :Yb.�. INDIAN RIVER COUNTY <br /> �LORt��' ATTORNEY <br /> Dylan Reingold.County Attorney OV <br /> William K.DeBraal,Deputy County Attorney <br /> Kate Pingolt Cotner,Assistant County Attorney <br /> MEMORANDUM <br /> TO: Board of County Commissioners �~ <br /> FROM: William K. DeBraal, Deputy County Attorney; <br /> DATE: May 13, 2015 <br /> SUBJECT: Answer to Lawsuit on Blue Cypress Lake Stilt Houses <br /> Background: In 2012, the Board of Trustees of the Internal Improvement Trust Fund of the <br /> State of Florida, (Trustees) filed suit against the owners of three stilt houses constructed <br /> offshore of Blue Cypress Lake. The suit alleges that the houses are built on sovereign <br /> submerged land owned by the State of Florida. The owners of the houses: Kim Blair, Jay & <br /> Carol Scott, and Charlie Cayson & Robert Tucker, have answered the lawsuit claiming the <br /> houses are not built on sovereign submerged lands rather they are on property owned by <br /> Indian River County. Mr. Crayson and Mr. Tucker have settled their suits with the Trustees <br /> so only Kim Blair and the Scotts remain involved in the litigation. <br /> The Trustees asked the court to join the County as an indispensable party since the <br /> defendants claimed the stilt houses stood on County owned land. The court granted the <br /> Trustees' motion and the County was joined as a defendant to the lawsuit effective May 4, <br /> 2015. A copy of the Second Amended Complaint is attached to this memorandum. The <br /> County now must file its answer and any counter claims it may raise against the Plaintiffs <br /> Blair and the Scotts. <br /> When answering a lawsuit, a defendant must respond to each allegation in the complaint, <br /> plead all affirmative defenses and make all counter claims in its initial response to the <br /> lawsuit. This does not mean that the defendant must prosecute all of the counter claims, <br /> but they must be stated in the initial answer and pleadings filed with the court as it would be <br /> difficult to add them at a later date. Staff will answer the allegations in the complaint and <br /> deny having any interest in the submerged lands. We will also raise four counter claims: <br /> ed iia;e <br /> Indus; ��r Oa I At'` MAO <br /> Admin. �!•!J <br /> fiPPROVED FOR _ -_ 1 Cf— 15 Legal N�_ �� MM� <br /> • <br /> B.C.0 MEETING - CONSENT DA BudgetY r/:I • <br /> Dept IMP <br /> COUNTY ATTORNEY — <br /> 175 <br />