Broward County Commission Regular Meeting


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AI-26391 71.       
Meeting Date: 02/27/2018  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
ATTORNEY-CLIENT MEETING: Statement of the Office of the County Attorney that a private attorney-client meeting pursuant to Section 286.011(8), Florida Statutes, is necessary 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"); and notice of the commencement of the private attorney-client meeting on Tuesday, 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-4:23 PM)  County Attorney Andrew J. Meyers read an Attorney-Client Meeting Statement into the record.  (Refer to minutes for full discussion.)
 
Why Action is Necessary
A private attorney-client meeting may be held upon notice from the County Attorney that advice concerning the litigation is required.
What Action Accomplishes
Permits a private attorney-client meeting on March 20, 2018.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
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 FLL'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 40 acres. The Complaint alleges that construction-related activities caused continuous flooding to 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 the insurance company, 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 regarding their actions in connection with the flooding and resulting damages claimed by Shaw.
 
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 (7) 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 recently submitted a written offer of compensation for the property interests taken.
 
The parties are currently attempting to achieve a mediated settlement of the Shaw case. While no resolution has yet been achieved, the amount in dispute has narrowed. 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 Shaw case is currently set to go to trial in mid-March. It is expected that the trial date would be delayed if the parties reach a settlement (which would be subject to Board approval). This agenda item sets a private attorney-client meeting for March 20 to obtain Board guidance in connection with the potential settlement.
 
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.
Source of Additional Information
Michael J. Kerr, Deputy County Attorney, (954) 357-7600

Fiscal Impact
Attachments
No file(s) attached.


    

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