Item P08Meeting Date: December 17, 2008
Bulk Item: Yes No x
Division: County Attorney
Staff Contact Person: Bob_Shillinger, x3470
AGENDA ITEM WORDING: Approval to file amicus curiae brief in the Third DCA in support of
the State of Florida in the matter of Florida Department of Environmental .Protection v. West, et al.,
3D08-2819 (Lower Tribunal No. 95--20-165-CA-1 8)..
ITEM BACKGROUND: The Florida Department of Environmental Protection exercised its power of
eminent domain to acquire two parcels on North Key Largo. Parcel 1 consists of 21.2 acres of upland
(plus 5.6 acres of submerged land in Pennekamp Park); Parcel 7 consists of approximately 5 acres.
On April 9, 2008—prior to the jury trial on compensation— the trial court entered an "Order Granting
Defendants' Motion In Limine on the Issue of Condemnation Blight." The property owners contended
that precondemnation actions of the State and County blighted the property by preventing all, or
substantially all, beneficial use of the property. The Order prohibited the parties from presenting any
evidence regarding the effect of any County or State regulation promulgated, enacted or amended after
February 8, 1982. The Order required that the jury be instructed to determine the Fair Market Value of
each parcel as of the de jure takings in Spring 2004, according to the highest and best uses they would
have had on February 8, 1982.
On October 8, 2008, the trial court entered final judgments awarding just compensation totaling
$6,877,257 (plus costs and attorneys' fees). On October 30, 2008, the State of Florida filed Notices of
Appeal of the two final judgments. This matter is of great importance to the County because the
appellate court's decision will potentially set precedent applicable to the inverse condemnation actions
currently pending against the County. In some of those actions, plaintiffs have similarly asserted
theories of condemnation blight. The acceptance or rejection of those theories will impact how
property is valued for purposes of determining just compensation awards, and either increase or
decrease the County's liability exposure.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: none BUDGETED: n/a
COST TO COUNTY: none SOURCE OF S: n/a
REVENUE PRODUCING: n/a
APPROVED BY: County Atty xx OMB/Purchasing Risk Management
DOCUMENTATION: To be provided
DISPOSITION: AGENDA ITEM #
Revised 2/05