Item N6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
August 20, 2003
No X
Division: Growth Management
Department: N/A
AGENDA ITEM WORDING: Approval of a Settlement Agreement in the matter of New Port Largo, Inc. v.
Monroe County, Case #97-20623-CA-18.
ITEM BACKGROUND: This litigation, based on actions taken by Monroe County two decades ago, commenced
in the 1980s. In the late 1970s and early 1980s, Plaintiff owned a strip of oceanfront land initially built as a
breakwater for the Port Largo community, which was later used as an airstrip (commonly known as the Key Largo
airport). Monroe County allegedly "commandeered" the property by creating and imposing a special "private
airport" zoning designation on the property, by asserting ownership of the airstrip, and then leasing it to an airport
operator. After Judge Lester invalidated the airport zoning and the airport lessee was evicted, the property was
developed as an oceanfront residential enclave. Plaintiff then filed a federal "takings" action against the County,
seeking damages for the period that it was allegedly deprived of its development rights. County Attorney Lucien
Proby hired a reputable Miami law fIrm to defend the federal action. Defense of the case ultimately cost several
hundred thousand dollars. Monroe County prevailed on Summary Judgment, but that Judgment was reversed on
appeal. The case was subsequently tried in federal District Court, resulting in entry of Judgment for the County. On
appeal from that Judgment, the federal appellate court upheld the trial court's denial of the federal takings action,
but Plaintiff was allowed to file a State Court action to seek damages for inverse condemnation under Florida law.
The pending State Court action was filed in 1997. In 2002, Judge Garcia denied Monroe County's Motion for
Summary Judgment, and the case was set for trial to determine liability. Facing estimated trial costs in excess of
$70,000, the risk of an adverse judgment (plus an award of costs and attorneys fees to Plaintiffs counsel if Plaintiff
were to prevail), a consequent damages trial and further appeals, the County's lead counsel, Alan Greer,
recommended mediation after Plaintiff greatly reduced its previous settlement demands. The County was
represented at mediation by Alan Greer, James Hendrick and County Administrator Jim Roberts. Mediator J.
Jefferson Overby successfully mediated a settlement, conditioned on BOCC approval.
PREVIOUS RELEVANT BOARD ACTION: N/A
CONTRAC~AGREEMENTCHANGES: NM
STAFF RECOMMENDATION: Approve settlement conditionally agreed at Mediation on July 29, 2003, i.e.,
A. Litigation counsel, County counsel and County Administrator will recommend that the County
Commission will pay to the Plaintiff the sum of $100,000.
B. Each side will dismiss its claims with prejudice.
C. Mutual releases will be executed by all parties.
D. Each side to bear its own costs and fees.
TOTAL COST: $100,000
BUDGETED: Yes X
No
COST TO COUNTY:
$100,000
SOURCE OF FUNDS: 148-51000-530340
REVENUE PRODUCING:Yes_ No N/A
AMOUNT PER MONTH N/A YEAR
APPROVED BY: County Attorney
X
Risk Management
N/A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
DISPOSITION:
To follow _ Not Required
AGENDA ITEM #: Al10
AUG-08-03 12,17 FROM,MONROE COUNTY ATTY OFFICE
10,3052823516
PAGE
2/2
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FPOM
FAX NO.
Mar. 19 2aa3 04:09PM P1
cvJT COURT OF 1'HE SlXTDNTB JUDtaAL CIRCUIT
IN TIlE C1R )]Ill AND FOR MOJlol""ROE COVNTY~ JlL01QDA
NEW PORT I..AJWO. INC.,
I'hd~
v.
CASE ~O. 9'-20623-CA"18
MOSROE COiJ1oo'TY.
Do{eadanf,
I
SETI'LDrmNT ACREEME!n'
, Panic::s biwG -creed to s~ the lirigatioc as follows:
A. Litiplioa cooasel. eot:n~ coua.sel aDd C~UDlY A"rn'lIi~or will lecammCDd th2r
t)le Count), CQmmission w111 pay to the Plaintifftbe sum of$loo.000.oo (one
hu:adrcd thoUlaAd dol1ars).
B. facl1 side will dismi" its dalJJu wi.th pn.judie.:.
C. Muru.aI teleesea \liill be ex~eufetd by all pwtie:t.
D, Each side tg Dear ilS OWD. costs a'1d tee,.
E. MaUer ....in be i&:beduled for d~i&ion by the C<>JnII1issicn on the third Wednc6dAY
In A~ 2003.
DODe mil; 29'" day ofJuly. 2003.
M...\ ~ aalCl2 ~~
MICHAEL SEW AlID. ESQ.
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JA..\fES 1.. ROBERTS
COtNJY ADMINISTR..A LOR.
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~ ART 4
FOR N~WPOAT .I..ARGO
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