PLACEMENT: Departmental
TITLE:
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REQUEST APPROVAL OF SETTLEMENT AGREEMENT AND RELEASE OF LIABILITY BETWEEN R ERIK, LLC A FLORIDA LIMITED LIABILITY COMPANY AND MARTIN COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, CASE 23-14109-CIV-CANNON
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EXECUTIVE SUMMARY:
executive summary
Staff recommends approval of a settlement agreement and release of liability between Plaintiff, R Erik, LLC and Defendant, Martin County in connection with a Federal lawsuit challenging an ordinance prohibiting the sale of cats and dogs from pet stores and a transfer of fund from General Fund Reserves.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Melissa Pietrzyk
Title: Senior Assistant County Attorney
REQUESTED BY: Melissa Pietrzyk
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The Plaintiff, R Erik, LLC, filed a Federal lawsuit in the U.S. Southern District of Florida challenging Chapter 9, General Ordinances, Martin County Code, sections 9.1 and 9.87.A.19 that was previously in effect pursuant to Ordinance 1192 regarding the banning of pet stores selling cats and dogs. The Plaintiff raised four Federal challenges under the 14th Amendment due process, three challenges pursuant to state preemption under Florida Statutes, namely, Chapter 823 the Florida Right to Farm Act, Chapter 163 regarding farming activities, and Chapter 828 regarding animals; and one challenge under Florida's Constitutional Contract Clause.
On September 12, 2023, the County adopted ordinance 1201 which amended Chapter 9, General Ordinances, Martin County Code, including sections 9.1 and 9.87.A.19. As a result of the amendment, the Plaintiff's pet store has been grandfathered in, and has been issued a letter of pre-existing status.
Last year, on November 4, 2023, the Plaintiff and the County appeared before the Court on the County's Motion to Dismiss the Second Amended Complaint as moot based upon ordinance 1201. On November 14, 2024, Judge Cannon issued an...
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