Item J24
Add-On
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2002
Division:County Attorney/Growth Management
Bulk Item: Yes
X No
Department: NI A
AGENDA ITEM WORDING: Approval of Stipulated Settlement Agreement for John Moore and
Renell Maiersperger v. Department of Community Affairs agreeing that the Plaintiffs shall stay all
proceedings in this action as well as file a voluntary dismissal of all claims upon the entry of a Final
Judgement in Case No. CAP-01-210, approving a settlement stipulation.
ITEM BACKGROUND: The Plaintiffs John Moore and Renell Maiersperger filed an appeal of the Non-
residential Rate of Growth Ordinance (NROGO) which was approved by the County and Florida
Department of Community Affairs claiming that these proposed regulations were unfairly restricting
commercial development, not consistent with the Comprehensive Plan, and had no rationale basis.
PREVIOUS RELEVANT BOARD ACTION: On September 19, 2001, the Board of County
Commissioners approved Ordinance #032-2001 approving the amendment by adding a Non-residential
Rate of Growth Ordinance.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
BUDGETED: Yes
No
N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH NIA YEAR
APPROVED BY: County Attorney X
N/A
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION: Included X
To follow
Not Required
AGENDA ITEM #:
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DISPOSITION:
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
JOHN MOORE and RENELL
MAIERSPERGER,
Petitioners,
v.
DOAH CASE NO. 02-0 I 74GM
ALJ J.Lawrence Johnston
DEPARTMENT OF COMMUNITY
AFFAIRS, an agency of the State of Florida,
Respondent.
I
STIPULATED SETTLEMENT AGREEMENT
The parties hereby stipulate and agree to the following settlement stipulation, as follows:
I. The parties agree to stay all proceedings in this action for 120 days, to provide
time to obtain final approval from Monroe County and the Department as to the subject
settlement and related circuit court case settlement.
2. Plaintiff shall file a voluntary dismissal of all claims in this action within 60 days
of the entry of a Final Judgment in Case No. CAP-O 1-21 0 approving a settlement stipulation.
WHEREFORE, the Parties hereby agree to the foregoing in settlement of all matters at
issue in this action.
for Petitioners:
for Monroe County:
ANDREW TOBIN
Florida Bar No. 184825
Attorney for Plaintiff
P.O. Box 620
Taverneir, FL 33070
305-852-3388
to binlaw@terranova.net
KAREN K. CABANAS
Florida Bar No. 136964
MORGAN & HENDRICK
Attorneys for Monroe County
317 Whitehead Street
Key West, Florida 33040
305-296-5676
KCabanas(a}morganandhendrick.com
5. This Agreement is not intended and shall not be construed to authorize any
specific development, and Plaintiff shall comply with all Code provisions and requirements for
development as required by the Code.
6. This Agreement is contingent on final approval by Resolution of the Monroe
County Board of County Commissioners. Following said final approval, this Settlement
Stipulation shall be incorporated into an agreed final judgment, and the Court shall retain
jurisdiction for one year to enforce the terms and conditions of this Stipulation, as needed.
Thereafter, the Clerk is directed to close the file.
WHEREFORE, the Parties hereby agree to the foregoing in settlement of all matters at
issue in this action.
ANDREW TOBIN
Florida Bar No. 184825
Attorney for Plaintiff
P.O. Box 620
Taverneir, FL 33070
305-852-3388
to binlaw@terranova.net
KAREN K. CABANAS
Florida Bar No. 136964
MORGAN & HENDRICK
Attorneys for Monroe County
317 Whitehead Street
Key West, Florida 33040
305-296-5676
305-296-4331 (fax)
KCabanas@morganandhendrick.com
Plaintiff JOHN MOORE
CHARLES SONNY McCOY
Mayor, MONROE COUNTY
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for the Department of Community Affairs:
RICHARD LOTSPEICH, ESQ.
Fla. Bar No.
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee FL 32399
850-488-0410
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