Item P17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
12/20/2006
No~
Division: Countv Attorney
Department: County Attornev
Staff Contact Person: Bob Shillinger
AGENDA ITI:M WORDING: Authorization to legal staff to retain outside legal counsel to defend
the County in the matter of Nellie Lightner, et aI, v. Monroe County, CA P 06-562 and to authorize
said counsel to file responsive pleadings on behalf of the County in the interim until such time as a
contract can be completed and approved by the Board.
.
ITEM BACK4[;ROUND: Twelve property owners on Big Pine and No Name Key filed suit against
the County claiming that various County ordinances enacted since 1992 have taken their property. The
suit seeks class action status for all owners of Tier One properties on Big Pine and No Name Keys as
well as others who own undeveloped property that are located within 500 meters of the Lower Keys
marsh rabbit habitat. Due to the number of potential properties and complexities of the issues involved,
legal staff has determined that it is the County's best interest to retain outside counsel on this matter.
The deadline for filing the County's first responsive pleading is January 8, 2007, 9 days prior to the next
scheduled commission meeting. Legal staff requests authorization to retain outside counsel and
authorize that firm to file all appropriate pleadings while simultaneously negotiating a contract that will
be brought back to the Board for approval. This matter is being added on after the agenda deadline
because the County was served on December 18, 2006 and the responsive pleading is due before the
next meeting.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT~\GREEMENTCHANGES: nffi
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
unknown
BUDGETED: Yes ~ No
COST TO COUNTY:
unknown
SOURCE OF FUNDS: ad valorem
REVENUE PRODUCING: Yes
No xx
AMOUNTPERMONTH_ Year
APPROVED flY: County Atty ~ OMB/Purchasing_
DIVISION DIlRECTOR APPROVAL:
Suzanne .
DOCUMENTATION:
Included
Not Required X
AGENDA ITEM #tfCl
DISPOSITION:
Revised 2/05