10/23/2001 - Laserfiche WebLink

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Recommendation: It is recommended that the Board of County Commissioners not appeal the United States District Court's order and judgment on Count I of the above -referenced case, authorize Michael Burke, Esq., and Johnson, Anselmo, Murdoch, Burke & George, P.A., the County's outside counsel in the above -referenced case, to enter into a stipulation or similar instrument in a form acceptable to the County's outside counsel, with counsel for Nextel South Corp., whereby the County agrees not to appeal the District Court's order and judgment on Count I of the above -referenced case in exchange for Nextel's agreement not to seek attorney fees and damages against the County, that the County not propose that Nextel relocate the subject proposed tower, and that the Board direct County staff to comply with the District Court's Order Granting Plaintiffs Motion for Summary Judgment as to Count I of the Verified Complaint and any ensuing judgment. Discussion: Attached is a copy of the United States District Court's Order Granting Plaintiff's Motion for Summary Judgment as to Count I of the Verified Complaint. Inasmuch as Nextel is willing to forgo its claims for attorney fees and damages, and the County's case on appeal would not be strong, it is recommended that the Board direct County staff to comply with the District Court order and any ensuing judgment, and that the County not appeal the District Court order and judgment in exchange for Nextel's waiver of its claims for attorney fees and damages. According to Mr. Burke, Nextel may be willing to relocate the subject proposed tower on the same property if the County proposes it in writing. ON MOTION by Commissioner Adams, SECONDED by Commissioner Tippin, the Board unanimously directed County staff to comply with the District Court order and judgment in exchange for Nextel's waiver of its claims for attorney fees and damages, as recommended by staff. OCTOBER 23, 2001 -21- i i .i