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J;;;;) \,21 Office of Consent 06/2/2015 <br /> :,'� *I INDIAN RIVER COUNTY <br /> LORvo-/ ATTORNEY <br /> Dylan Reingold,County Attorney <br /> William K.DeBraal,Deputy County Attorney <br /> Kate Pingolt Cotner,Assistant County Attorney <br /> MEMORANDUM <br /> TO: Board of County Commissioners 071 <br /> FROM: William K. DeBraal, Deputy County Attorney <br /> DATE: May 27, 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 /> Indian River Co. Approved Date <br /> Approved for June 2, 2015 BCC Meeting Administrator L. jr,11,•S' <br /> CONSENT County Attorney �.� 415 <br /> Budget �) <br /> Department <br /> COUNTY ATTORNEY Risk Management <br /> 120 <br />