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U DRIVER i. INDIAN RIVER COUNTY - 19TH JUDICIAL CIRCUIT CASE NO. 004343-CA49 The Board reviewed Memoranda of November 22 and November 27 , 2000 : Board Certified, City, County & Local Government Lam Paul G . Baagel, County At[ orae ' Willi= G. Collins IL Deputy County Attornei ' MEMORANDUM TO : Board of County Commissioners FROM : ; i �- William G . Collins II , Deputy County Attorney DATE : November 22 , 2000 SUBJECT : Driver v . Indian River County, 19[" Circuit Case No . 00-0343-CA- 19 Following a three hour bench trial , Judge Kenney entered Final Judgment in the above matter ordering that the northern 25 feet of the 50 foot strip immediately adjacent on the south of the Driver property is declared to be owned in fee simple by the Drivers and the County has no right , title , interest, or claim to it. Although the statutory platting scheme first adopted in 1971 states that all streets shown on a plat are deemed dedicated to the public, Judge Kenney's decision accepted the Drivers' contention that the only way an implied dedication (a dedication without any dedicatory language on the plat) could be perfected under the common law was some formal acceptance or use by the public . With respect to the 50 foot right-of-way, the Judge did recognize the Resolution designating the strip of land as a limited use right-of-way on August 23 , 2000 as a formal acceptance , so that a 25 foot strip is still available for pedestrian access to the river, drainage and utilities as necessary. During discovery for the trial a survey disclosed that the Drivers ' house not only fails to meet setbacks from the "right-of-way" but partially encroached into it. The Final Judgment should resolve all setback-related issues for any future construction by the Drivers of a new residence or any addition to the existing residence. DECEMBER 5 , 2000 6K 1 ! 6 PG 257 45 -