Item Q4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:January 16, 2013Division:County Attorney
Bulk Item: Yes xNo __Department:County Attorney
Staff Contact Person: Derek Howardx3470
__________________________________________________________________________________
AGENDA ITEM WORDING:
Approval to make or accept a settlement offer in Keegan v. Monroe
County and State of Florida, 9-CA-893P.
ITEM BACKGROUND:
Christine Keegan filed suit against MonroeCounty and the State of Florida
in 2009. Count I of Plaintiff’s complaint seeks compensation for an alleged regulatory taking claim
pursuant to Article X, Section 6(a) of the Florida Constitution and the Fifth Amendment of the United
States Constitution based on the application of the Monroe County Rate-of-Growth Ordinance
(ROGO) and other land development regulations. Count II seeks compensation for an alleged
unconstitutional development exaction based on the open-space (non-clearing) requirements under the
County’s Tier System.The State of Florida maintains that it was never properly served by Plaintiff,
and has taken no action in the litigation to date.
Plaintiff voluntarily aggregated her subject two lots and applied for a ROGO allocation on
January 13, 2004 to build one single-family homeon the subject property (Lots 5 and 6, Block 8,
Angler’s Park). After four (4) years in the ROGO queue, Plaintiff applied for administrative relief
under former Sec. 9.5-122.3. Plaintiff was granted administrative relief in the form of an offer to
purchase by Resolution No. 180-2008. Plaintiff did not accept an offer to purchase and so her
application remained in the ROGO queue.
Plaintiff did not pull her application from ROGO when she filed her suitin 2009,which alleges
Plaintiff has been denied her “all or substantially all reasonable economic use of the subject
[property].” Therefore, as of the 2009 date Plaintiff filed her action, her ROGO application remained
active in the queue along with other applications competing for a ROGO allocation.On October 5,
2011, Plaintiff was awarded a ROGO allocation.Plaintiff asked the County to toll her allocation
because it was on the FEMA injunction list. Monroe County continues to toll Plaintiff’s allocation.
Based in substantial part on the awarding of the allocation after Plaintiff filed suit, Monroe County
filed a motion for summary judgment in June 2012. That motion is currently set for hearing before
Judge Garcia on January 18, 2013. On December 28, 2012, the County served a motion seeking an
award of attorney’s fees to Monroe County against Plaintiff and her attorney for raising unsupported
claims subjecting them to the sanctions provided in § 57.105, Fla. Stat.
Plaintiff’s counsel communicated that Plaintiff may be willing to settle her suit if Monroe
County pays her court costs and attorney’s fees that are estimated to be $1,600. This amount is
substantially less than what the County’s actual cost of litigating the case to closure would be, even if
the County were to prevail on itspendingmotion for summary judgment.
PREVIOUS RELEVANT BOCC ACTION:None
.
CONTRACT/AGREEMENT CHANGES:N/A
STAFF RECOMMENDATIONS:Grant authorization to make or accept a settlement offer in
Keegan v. Monroe County & Stateof Florida.
TOTAL COST:Approximately $1,600.00BUDGETED:xx
Yes __No
COST TO COUNTY:Approximately $1,600.00SOURCE OF FUNDS:N/A
REVENUE PRODUCING:xxAMOUNT PER MONTHN/AYear N/A
Yes No
APPROVED BY:xx
County AttyOMB/Purchasing Risk Management ____
DIVISION DIRECTOR APPROVAL:
Robert Shillinger, County Attorney
DOCUMENTATION:TO FOLLOW__xx__
Included Not Required_____
DISPOSITION:AGENDAITEM #