Broward County Commission Regular Meeting

ATTORNEY-CLIENT MEETING: Commencement of a private attorney-client meeting pursuant to Section 286.011(8), Florida Statutes, in order for the County Attorney to obtain Board guidance regarding settlement negotiations related to litigation in the matters of Shaw Farms & Land Company of Florida, LLC and Dania Place, LLC v. Broward County, et al., 17th Judicial Circuit Court Case No. 15-011648 (09) (the "Shaw case"), and Broward County v. Old Republic General Ins. Corp., United States District Court Southern District of Florida Case No. 17-cv-62561-UNGARO (the "Insurance case"), on March 20, 2018, in Room 430 of the Governmental Center at 12:30 p.m., or after all other business of the County Commission regular meeting (apart from any regular meeting item addressing the litigation referenced herein) has been concluded.  The persons scheduled to attend are:  Mayor Beam Furr; Vice-Mayor Mark D. Bogen; Commissioners Nan H. Rich, Michael Udine, Chip LaMarca, Steve Geller, Tim Ryan, Barbara Sharief, and Dale V.C. Holness; County Administrator Bertha Henry; County Attorney Andrew J. Meyers; Deputy County Attorney Michael J. Kerr; Senior Assistant County Attorney Alexander J. Williams, Jr.; and an official court reporter.

ACTION:  (T-12:44 PM)  County Attorney Andrew J. Meyers read an Attorney-Client Meeting Statement into the record.  (Refer to minutes for full discussion.)

A private attorney-client meeting may be held upon notice from the County Attorney that advice concerning the litigation is required.

Permits a private attorney-client meeting on March 20, 2018.

In 2015, Plaintiffs Shaw Farms & Land Company of Florida, LLC, and Dania Place, LLC (collectively, "Shaw"), filed a lawsuit for inverse condemnation against Broward County. The lawsuit alleges that, as a result of the expansion of Fort Lauderdale-Hollywood International Airport's South Runway, the County affected a taking of the Shaw properties, which are located near Taylor Road and NE 10th Street immediately south of the South Runway. The Shaw properties at issue are approximately 38 acres. The Complaint alleges that construction-related activities caused continuous flooding of the Shaw properties and eliminated certain vehicular access. To date, the County has been defended in the action by insurance defense counsel under a reservation of rights that purports to permit the insurance company to ultimately deny insurance coverage.

 
The County filed the Insurance case against Old Republic, asking the court to declare that damages claimed by Shaw are covered by the applicable insurance policy. Additionally, the County has asserted claims in the Shaw case seeking indemnification from the project contractor and designers.
 
On September 1, 2017, in the Shaw case, the state trial court entered an Order of Taking against the County, concluding that the construction activities affected a complete taking of part of the properties (the "DDK Parcel" comprising approximately seven acres) and of more than 500 palm trees on the DDK Parcel, plus the taking of a "permanent flowage easement" over the remaining part of the properties. Pursuant to court order, and as authorized by the Board, the County submitted a written offer of compensation for the property interests taken.
 
The parties to the Shaw case have reached a conceptual settlement, which is subject to approval by the Board.  It is expected that any settlement of the Shaw case will require a resolution of all of the County's claims, including claims raised in the Insurance case.
 
The subject matter of the private attorney-client meeting shall be limited to the matters stated in Section 286.011(8), Florida Statutes. The meeting will be recorded by a certified court reporter.

Michael J. Kerr, Deputy County Attorney, (954) 357-7600