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• <br />7. M. Decision of Appellate Panel - Brown v Indian River County <br />- Boston Homes, Inc. (d/b/a Orchid Dunes of Vero Beach) - Case No. <br />00 -259 -CA -20 <br />The Board reviewed a Memorandum of February 28, 2001: <br />To: Board of County Commissioners <br />From. Paul G. Bangel, County Attorney Ali) 212111 <br />Re: Steven Brown and Linda Brown v. Indian River County, a political subdivision <br />of the State of Florida; and Boston Homes, Inc., (d/b/a Orchid Dunes of Vero <br />Beach); Case No. 00 -259 -CA -20, Appellate Division, Circuit Court. <br />Nineteenth Judicial Circuit <br />Recommendation: <br />It is recommended that the Board of County Commissioners not request rehearing <br />and not appeal the decision of the appellate panel in the case of Steven Brown and Linda <br />Brown v. Indian River County, a political subdivision of the State of Florida: and Boston <br />Homes. Inc., (d/b/a Orchid Dunes of Vero Beach); Case No. 00 -259 -CA -20, Appellate <br />Division, Circuit Court, Nineteenth Judicial Circuit <br />Discussion: <br />Enclosed is a copy of the court opinion in the above -referenced appeal. The court <br />ruled that, inasmuch as the petitioners (the Browns) were not notified of the March 21 <br />2000, meeting at which the Board of County Commissioners reversed its previous decision <br />and approved Boston Homes, Inc.'s, site plan application, they were denied due process. <br />The court quashed the Board's decision and remanded the matter "to the Board of County <br />Commissioners of Indian River County for action, if any, that the Commission deems <br />proper." <br />The sole question for the Board's consideration at this time, without considering the <br />merits of the Browns' appeal to the Board, is whether the Board should request rehearing <br />or appeal the court's decision. It is my recommendation that the Board not request <br />rehearing and not appeal the court's decision because the notice defect may be easily <br />cured and the Board is free to consider the matter again (assuming subsequent site plans <br />have not superseded the subject site plan and rendered this matter moot) with notice to <br />all parties. <br />PGB <br />Enclosure <br />cc: Robert M. Keating, AICP, Community Development Director <br />March 6, 2001 <br />47 <br />BK I 1 ; PG 306 <br />• <br />