Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - September 26, 2017
REVISED September 26, 2017 - Regular Meeting
Agenda Item #10

Proposal for Settlement - Mandarin Development, Inc. v. Manatee County, Case No. 2015-CA-2563


Contact and/or Presenter Information
Christopher M. De Carlo, Assistant County Attorney, ext. 3750

Action Requested
Motion to ratify Manatee County’s Proposal for Settlement in the matter of Mandarin Development, Inc. v. Manatee County; Case No. 2015-CA-2563

Enabling/Regulating Authority

Sections 125.01 and 73.032, Florida Statutes; Florida Rule of Civil Procedure 1.442

Background Discussion

On June 2, 2015, Mandarin Development, Inc. filed a complaint in the Circuit Court for the Twelfth Judicial Circuit in and for Manatee County, Florida (Case No. 2015-CA-2563) alleging an unlawful exaction by Manatee County of a conservation easement and a wetland buffer over the private property of Plaintiff, as it relates to the development of the Riva Trace residential subdivision.

The liability portion of the trial took place in November 2016 and the Court rendered a verdict partially in favor of the Plaintiff and partially in favor of the County.  The valuation portion of the trial in this matter is currently set for the week of November 13, 2017, before a 12-person jury.

On September 1, 2017, the County Attorney's Office served a  formal written proposal to Plaintiff to settle any and all claims in the case for a payment to Plaintiff of $50,000.00.

The County Attorney’s Office believes that this settlement   proposal is in the best interests of the County and therefore recommends the Board's ratification of the settlement proposal.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney

Instructions to Board Records
E-mail an approved copy of this agenda item to:

Christopher M. De Carlo, Assistant County Attorney
christopher.decarlo@mymanatee.org,; and

Tracy Hanrahan, County Attorney’s Office,

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs