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An appeal of Judge Kenney's Order would seem to be an improvident expenditure <br /> of time and money. <br /> I would be happy to discuss this matter with any individual members of the <br /> Commission if you desire . <br /> I will place this matter on the next Board of County Commission agenda to receive <br /> any directions that the Board feels are appropriate . <br /> MEMORANDUM <br /> TO : Board of County Commissioners <br /> FROM : ; L William G . Collins II , Deputy County Attorney <br /> DATE : November 27 , 2000 <br /> SUBJECT : Driver v . Indian River County, 19'h Circuit Case No . 00-0343-CA- 19 <br /> Attached are Judge Kenney' s Final Judgment and my earlier summary memo of <br /> November 22 , 2000 . The Solomonic order results in the Drivers having fee simple <br /> title to 25 feet of the "paper street" adjacent to their lot and the County retains <br /> dominion over the southern 25 feet of Lewis Street ( 128th Court) , which the Judge <br /> ruled was formally accepted by Resolution 2000-087 on August 23 , 2000 , as a <br /> limited use right-of--way for pedestrian , drainage and utility uses . The decision <br /> appears to be well-reasoned and consistent with case law . <br /> Recommendation : It is recommended that the Board of County Commissioners <br /> not appeal the Final Judgment in Driver v. Indian River County, 19'" Circuit Case <br /> No . 00-0343-CA- 19 . <br /> DECEMBER 59 2000 BK 6 16 PG 256 <br /> - 16 - <br /> i <br />