Martin County

File #: 20-0012   
Type: Departmental Status: Passed
In control: Board of County Commissioners
On agenda: 10/22/2019 Final action: 10/22/2019
Title: REQUEST FOR PRIVATE ATTORNEY-CLIENT SESSION CONCERNING THE CASE OF JUSTIN INDUSTRIES, INC. V. MARTIN COUNTY, ET AL., MARTIN COUNTY CIRCUIT COURT CASE NO. 2018-CA-638
Attachments: 1. R3 Demand for Judgment 9.23.19.pdf
PLACEMENT: Departmental
TITLE:
title
REQUEST FOR PRIVATE ATTORNEY-CLIENT SESSION CONCERNING THE CASE OF JUSTIN INDUSTRIES, INC. V. MARTIN COUNTY, ET AL., MARTIN COUNTY CIRCUIT COURT CASE NO. 2018-CA-638
end
EXECUTIVE SUMMARY:
executive summary
The County Attorney desires to meet with the Board of County Commissioners ("Board") and the County Administrator in a private attorney-client session, in accordance with Florida Statutes ? 286.011(8), to obtain advice about a Proposal for Settlement/Demand for Judgment served on the County by the Plaintiff and potentially serving a Proposal for Settlement on the Plaintiff in the case of Justin Industries, Inc. v. Martin County, et al., Martin County Circuit Court Case No. 2018-CA-000638.
body
DEPARTMENT: County Attorney
PREPARED BY: Name: Elysse A. Elder
Title: Senior Assistant County Attorney
REQUESTED BY: Sarah W. Woods, County Attorney

PRESET: 12:00 PM
PROCEDURES: None

BACKGROUND/RELATED STRATEGIC GOAL:

On or about June 28, 2018, Justin Industries sued Martin County, John Polley, Patrick Yancey, Elite Customs Services, Inc. and Interstate Recycling of Florida, LLC. The original Complaint included causes of action for breach of the Construction and Demolition Contract between Martin County and Justin dated October 1, 2013 ("C&D Contract"), tortious interference with C&D Contract, conspiracy to tortiously interfere with C&D Contract and voidance of the Vegetation Contract between Martin County and Interstate Recycling dated March 19, 2018 ("Veg Contract") under Florida Statutes ? 112.3175, all related to Martin County's Solid Waste Transfer Facility. After several amendments to the Complaint and discovery by the parties, Justin eventually dropped all claims against John Polley and Interstate Recycling and the cause of action against the County to void the Veg Contract. Currently, there are three claims against Martin County, two for breach of contract and one for breach of good faith and fair deali...

Click here for full text