Agenda Item Name:
Title
County Attorney request to initiate or defend cases.
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Presenter:
Sylvia Torres, County Attorney
Description:
Per Article IV, Sec. 21.41(e), Duties and Responsibilities of the County Attorney, a current list of Article 5 cases where authorization to initiate or defend is requested. Please see attached “Litigation Report - Request for Authority to Initiate or Defend.” For the September 28, 2021 meeting, there is only one case: Concept Companies, Inc. vs. Alachua County.
Recommended Action:
Recommended Action
Approve the County Attorney’s authority to initiate or defend the case in the attached Litigation Report.
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Prior Board Motions:
On August 10, 2021, the Board denied a Scenic Road Variance Request submitted by Concept Companies, which requested a variance in the maximum weight requirement for delivery trucks allowed on Tuscawilla Road, which has been designated as a scenic road.
Fiscal Consideration:
Fiscal Consideration
While the exact amount is not known at this time, it is expected that Alachua County will incur costs associated with: (1) retaining a Special Magistrate/Mediator, and (2) Notice requirements, per Florida Statute §70.51.
Costs associated with retaining a Special Magistrate/Mediator and noticing are budgeted within the County Attorney’s budget. If costs exceed the departmental budget, then a budget exists in Special Expense to cover the costs.
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Background: