PLACEMENT: Departmental
TITLE:
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REQUEST FOR PRIVATE ATTORNEY-CLIENT SESSION CONCERNING THE CASE OF R. ERIK, LLC V. MARTIN COUNTY; CASE NO. 23-14109-CIV-CANNON U.S. DIST. COURT, SDFL
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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 about strategy related to litigation expenditures in the case of R. Erik, LLC v. Martin County; Case No. 23-14109-CIV-CANNON.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sarah W. Woods
Title: County Attorney
REQUESTED BY:
PRESET: 2:30 PM
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On April 17, 2023, Plaintiff R. Erik, aka Wags About You pet store, filed a federal lawsuit. The case is in the U.S. Southern District Court of Florida, before Judge Aileen Cannon. On April 24, 2023, Plaintiff filed an Amended Complaint. On May 10, 2023, Plaintiff filed its Second Amended Complaint, which is the operative Complaint.
The lawsuit challenges County Ordinance 1192 regarding pet stores selling dogs pursuant to the 14th Amendment due process violations, and violation of state statutes, namely ? 823.14, (Florida Right to Farm Act) and claiming the County is preempted under ? 163.3162 (farm operations on agricultural land) and Chapter 828 (animal care and control) from enforcement of the Ordinance.
On May 18, 2023, Plaintiff filed a motion for a preliminary injunction to temporarily stop the enforcement date (June 30, 2023) by which pet stores must stop selling cats, dogs, and rabbits.
On May 22, 2023, the County filed its Motion to Dismiss.
On May 23, 2023, the Court issued an order directing the parties appear for a hearing on the request for a preliminary injunction. The hearing is set for June 1, 2023.
ISSUES:
Issues concerning litigation and strategy will be discussed during the at...
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