Martin County

File #: 24-1105   
Type: Departmental Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 7/9/2024 Final action:
Title: REQUEST FOR PRIVATE ATTORNEY-CLIENT SESSION CONCERNING THE CASE OF BE A MAN BUY LAND, LLC V. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, ET AL.; CASE NO. 2023-CA-000052

PLACEMENT: Departmental

TITLE:

title  

REQUEST FOR PRIVATE ATTORNEY-CLIENT SESSION CONCERNING THE CASE OF BE A MAN BUY LAND, LLC V. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, ET AL.; CASE NO. 2023-CA-000052

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EXECUTIVE SUMMARY:

executive summary

The County Attorney desires to meet with the Board of County Commissioners and the County Administrator in a private attorney-client session, in accordance with Section 286.011(8), Florida Statutes, to obtain advice related to settlement negotiations or strategy related to litigation expenditures in the case of Be A Man Buy Land, LLC v. South Florida Water Management District, et al.; Case No. 2023-CA-000052.

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DEPARTMENT: County Attorney                     

PREPARED BY:                      Name: Sarah W. Woods                     

                     Title:                     County Attorney                     

REQUESTED BY:                                                

 

PRESET: 12:00 PM

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

Plaintiff Be a Man Buy Land, LLC (“BAM”), filed a lawsuit in the circuit court of Martin County against the County, the South Florida Water Management District, Florida Fish and Wildlife Conservation Commission, and The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida seeking vehicular access to BAM’s properties located within Pal-Mar/Palm Beach Heights.  The case is before Judge Michael J. McNicholas. 

The lawsuit seeks vehicular access to Plaintiff’s properties through three (3) easements recorded in the 1960’s but never accepted by the County.  Plaintiff’s complaint alleges (i) inverse condemnation; (ii) injunctions; and (iii) declarations as to the easements and their validity.

On June 23, 2023, the Court granted Plaintiff’s emergency motion for preliminary injunction thereby preventing any of the Defendants from restricting vehicular access through one of the alleged easement areas to the east section of Pal-Mar.

A mediation was held on June 20, 2024 with all parties present with settlement negotiations occurring.  The mediation has been continued to a yet to be determined date.

 

ISSUES:

 

Issues concerning settlement negotiations and litigation strategy related to litigation expenses will be discussed during the attorney-client session.

 

LEGAL SUFFICIENCY REVIEW:

 

This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Recommend that the Board agrees to meet with Don Donaldson, County Administrator; Sarah W. Woods, County Attorney; Sebastian Poprawski, Senior Assistant County Attorney, in a private attorney-client session for approximately one hour, or less, in accordance with Section 286.011(8), Florida Statutes, for a strategy session regarding litigation expenditures concerning the case of Be A Man Buy Land, LLC v. South Florida Water Management District, et al.; Case No. 2023-CA-000052.

 

ALTERNATIVE RECOMMENDATIONS

None

 

FISCAL IMPACT:

 

RECOMMENDATION

None at this time.

                     

ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other:     

This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.