www.mymanatee.org
Manatee County Government Administrative Center Honorable Patricia M. Glass Chambers, First Floor 9:00 a.m. - November 19, 2019
November 19, 2019 - Regular Meeting
Agenda Item #17


Subject
Proposed Eminent Domain Settlement; Manatee County v. Deloy P. Dahlman, Sr., et. al., Case No. 2014 CA 1301; Parcel 113; 44th Avenue East

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information

Pamela J. D’Agostino, Assistant County Attorney, Ext. 3750



Action Requested

Motion to:

  1. Approve the proposed settlement with Defendants Deloy P. Dahlman, Jr., as Personal Representative of In Re: Estate of Deloy Peter Dahlman a/k/a Deloy P. Dahlman, Sr., Dahlman’s Professional Maintenance Services, Inc., a Florida corporation, Professional Maintenance Pest Control, Inc., a Florida Corporation, and DNA Tree, LLC, a Florida limited liability company, in Manatee County Circuit Case No. 2014 CA 1301 as delineated in the attached proposed Stipulated Final Judgment; 
  2. Authorize the County Attorney or his designee to execute the attached Motion for Entry of Stipulated Final Judgment and all other necessary paperwork associated with said settlement; and
  3. Authorize the County Attorney or his designee to take any other action in furtherance of the settlement outlined pursuant to this proposed Stipulated Final Judgment, including furnishing executed copies of the attachments and other necessary paperwork to opposing counsel and the Court as appropriate and to enforce the terms of this settlement.


Enabling/Regulating Authority
Article X, Section 6 of the Florida Constitution
Chapters 73, 74 and 127, Florida Statutes
Resolutions R-13-168 and R-13-169


Background Discussion
The County needed to acquire fee simple title to Parcel 113 to improve 44th Avenue East from 30th Street East to 45th Street East.  Parcel 113 is located at 4303 39th Street East in Bradenton, Florida, and is approximately 0.574 acres in size.  In 2014, the County acquired Parcel 113 after depositing $48,200 into the registry of the Court.  The amount deposited was equal to the value of the property according to the County’s retained appraiser.  At the time of the taking, the owner of the parent parcel was Deloy P. Dahlman, Sr.  Mr. Dahlman was also the owner/operator of several businesses, including Dahlman’s Professional Maintenance Services, Inc., a Florida corporation, Professional Maintenance Pest Control, Inc., a Florida Corporation, and DNA Tree, LLC, a Florida limited liability company.  The parent parcel was improved with a commercial warehouse and office for these landscaping, lawn maintenance, and pesticide businesses.

The County’s appraiser valued Parcel 113 at $48,200 ($15,000 for the land taken, $15,200 for the improvements taken, and $18,000 for the cure costs), while Mr. Dahlman’s appraiser concluded the value to be $255,200 ($56,300 for the land taken, $164,300 for damages, and $34,600 for an interim cure).

In addition to seeking $255,200 in total compensation for the taking of Parcel 113, Mr. Dahlman was originally seeking $68,310 in statutory attorney’s fees and $27,707.15 in experts’ fees and costs.  The total amount sought by Mr. Dahlman and his counsel for the land and improvements taken, damages, cure costs, attorneys’ fees and costs and the experts’ fees and costs was $351,217.15.  Unfortunately, Mr. Dahlman passed away in 2016.  In 2018, the Court formally substituted Deloy P. Dahlman, Jr., Mr. Dahlmans’ son, in place of Mr. Dahlman for the purposes of this eminent domain suit.  The County has proceeded to negotiate a resolution with all defendants, who are represented by the same attorney.

The defendants have agreed to accept $110,000 in full settlement of all claims for compensation for the taking of Parcel 113, including the value of the land and improvements taken, severance damages, cure costs, statutory interest, business damages, damages to any existing leasehold interest, including, but not limited to rent losses, moving or relocation expenses caused by the taking, and all other damages claimed by the Defendants, excluding attorneys’ fees and costs and experts’ fees and costs.  In addition, the defendants have offered to resolve apportionment of full compensation among the defendants, attorneys’ fees and costs and experts’ fees and costs as follows:

Apportionment of Total Compensation
$110,000 to Deloy P. Dahman, Jr. as Personal Representative of In Re: Estate of Deloy Peter Dahlman a/k/a Deloy P. Dahlman, Sr.
$0 to Dahlman’s Professional Maintenance Services, Inc.
$0 to Professional Maintenance Pest Control, Inc.
$0 to DNA Tree, LLC

Attorneys' Fees and Costs
$20,394 to Blucher Law Group, LLC

Experts' Fees and Costs (Totaling $22,200)
$11,700 to Equable Real Estate Solutions, LLC (for appraisal services)
$8,500 to Professional Engineering Resources, Inc. (for engineering services)
$2,000 to Morris-Depew Associates, Inc. (for land planning)

The Public Works Department and County Attorney’s Office believe that accepting this proposed settlement is in the best interests of the County and therefore recommend that the Board approve this settlement for $152,594 in accordance with the terms outlined in the attached Stipulated Final Judgment.  The recommendation to accept the terms of this settlement considers the value of the property acquired, the estimated costs associated with further litigation including a jury trial, and the relative strengths and weaknesses in the case.  As in all eminent domain matters, the County is ultimately responsible for paying the reasonable fees (per the statutory formula) and costs for the defendants’ attorneys and reasonable fees for the defendants’ experts, as well as certain attorney’s fees for apportionment matters.

By approving this proposed settlement, all litigation relative to this parcel will be concluded and the County will incur no additional expense relative to this parcel.  If the County were to reject this settlement and proceed with litigation, the County’s maximum exposure is estimated to be almost $500,000.  For comparison purposes, the County’s total minimum exposure is estimated to be at least $115,000.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney
D'Agostino

Instructions to Board Records

If approved by the Board, please e-mail an approved copy of this agenda item to Pamela J. D’Agostino, Assistant County Attorney, at pamela.dagostino@mymanatee.org, and Alicia M. Stull, Paralegal, at alicia.stull@mymanatee.org.



Cost and Funds Source Account Number and Name
$104,394; 319-6071160-531006/6071160-0003; Attorney’s Fees

Amount and Frequency of Recurring Costs
N/A


Attachment:  Motion for Entry of Stipulated Final Judgment with Exhibit A.pdf
Attachment:  Legal Description and Sketch of Taking.pdf
Attachment:  Aerial Map.pdf