Resolution 176-2016RESOLUTION NO. 176 -2016
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, APPROVING AND RATIFYING TO THE
VALUATION SETTLEMENT REACHED BY THE PARTIES IN THE MATTER
OF THOMAS F. COLLINS, ET AL. V. MONROE COUNTY AND THE STATE OF
FLORIDA.
WHEREAS, on or about December 10, 2004, Monroe County was named as a party in
the lawsuit currently in the in the Circuit Court for the Sixteenth Judicial Circuit in and for
Monroe County, known as the matter of Thomas F. Collins, et aL v Monroe County and the
State of Florida, and bearing Case Number CA -M -04 -379; and
WHEREAS, Donald Davis is the sole remaining plaintiff in the above - styled matter; and
WHEREAS, on or about October 14, 2011, the court entered an order finding that the
County and State were liable for a regulatory taking of Mr. Davis' property; and
WHEREAS, the Court ordered a valuation trial to be commence on October 17, 2016 to
determine the value of the subject property; and
WHEREAS, on August 4, 2016, the court ordered that the parties engage in mediation to
explore potential settlement of the above - styled matter; and
WHEREAS, the parties engaged in mediation on August 29, 2016; and
WHEREAS, Monroe County, the State of Florida, and Mr. Davis stipulated to a partial
settlement establishing the value of Mr. Davis' property as of the date of the alleged taking to be
$175,000 but reserving the government's right to appeal the underlying liability finding to the
Third District Court of Appeal; and
WHEREAS, the terms of the agreement reached during mediation were memorialized in
the Stipulation of Settlement, a copy of which is attached hereto and incorporated herein as
Exhibit 1 to this resolution; and
WHEREAS, the Stipulation of Settlement requires the approval and ratification by the
Board; and
WHEREAS, the Board desires to ratify the Stipulation of Settlement attached hereto as
Exhibit 4" to this resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS THAT:
1. The attached Stipulation of Settlement attached hereto and incorporated herein as Exhibit
61197 to this resolution, is hereby approved, adopted, and ratified.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a meeting of the Board held on the 21 st day of September, 2016.
Mayor Heather Carruthers Absen
Mayor Pro Tern George Neugent Yes
Commissioner Danny L. Kolhage Yes
Commissioner David Rice Ye_
Commissioner Sylvia J. Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
HEAVILIN, Clerk
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x & - M By:
Clerk Mayor/Mayor Pro Tem
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INHE CIRCUIT COURT OF THE SIXTEEN JUDICIAL CIRCUIT IN
• AND FOR MONROE COUNTY, FLORIDA
THOMAS F. COLLINS et aL,
Plaintiffs,
VS.
MONROE COUNTY, a Political Subdivision of
the State of Florida,
and
STATE OF FLORIDA,
Defendants.
I
CASE NO. CA -M -04 -379
STIPULATION OF SETTLEMENT
A mediation conference was held on August 28, 2016. The parties, and /or their
representatives and/or counsel participated and James E. McCollum served as Mediator. The
parties have reached the following agreements, and they do hereby agree and stipulate as
follows:
1. For purposes of calculating damages, the Fair Market Value (FMV) of the subject lot
owned by Donald Davis as of July 17, 2002, is $175,000.
2. Should Defendants not acquire the property, Resolution No. 305 -2002 shall not (in the
future) limit Plaintiff's right to apply for and receive a ROGO allocation and building
permit for a single family residence?
3. Plaintiff Davis is entitled to recover attorney fees and costs incurred, which the court
shall determine in a separate hearing, if Plaintiff Davis is ultimately the prevailing party.
4. This agreement is subject to the approval of the Board of County Commissioners of
Monroe County.
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EXHIBIT
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5. The parties do not waive their rights of appeal of the liability determination by e+ring
into this agreement.
Derek V. Howard, Esq.
Attorney for Monroe County, Florida
balh A. Glogau, Esq.
Attorney for State of Florida
Andrew M. Tobin, Esq.
Attorney for Donald Davis
Donald Davis
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