Subject:
Title
Approval of Settlement with Spectrum Sunshine State, LLC (formerly Bright House Networks, LLC) in Brevard County v. Karl G. Owens, et. al, Case Number 05-2018-CA-019771
End
Fiscal Impact:
None
Dept/Office:
County Attorney’s Office
Requested Action:
Recommendation
Request the Board approve the attached settlement with Spectrum Sunshine State, LLC.
End
Summary Explanation and Background:
In October 2017, LTM of Florida Holdings, LLC appeared before the Board claiming a strip of land (Central Boulevard aka Miller Cove Road) was a public road. Brevard County staff indicated that based on county records, the strip of land was never accepted as a public road. On December 19, 2017, the Board authorized the County Attorney’s office to file a declaratory judgment action to allow a judge to resolve the matter.
The County filed suit on March 23, 2018 against 29 Defendants (including LTM of Florida Holdings, LLC) asking the court to determine that Miller Cove Road is not a public road, but a private road that has never been accepted by the County or the Town of Palm Shores. In addition, the court was asked to determine whether or not the strip of land is in the jurisdiction of the Town of Palm Shores. On February 16, 2019, the Board authorized the Chair to execute a Settlement Agreement with the Town of Palm Shores, LTM of Florida Holdings, several utility companies, and a few of the other defendants that conditionally resolved the situation going forward in Brevard County’s favor. The lawsuit was temporarily abated to allow LTM of Florida Holdings, LLC time to meet the conditions set out in the settlement agreement. After three extensions, the settlement lapsed on July 1, 2021. The litigation is ongoing.
Bright House Networks, LLC is named as a defendant in the case because it has above ground fiber optic cable wiring attached to four Florida Power & Light utility poles along Miller Cove Road. Bright House Networks, LLC has changed its name to Spectrum Sunshine State, LLC. Spectrum Sunshine State, LLC has agreed to accept any judgment imposed by the court upon Florida Power & Light in return for a voluntary dismissal of the Company from the litigation. The County Attorney’s Office recommends acceptance of this settlement.
Clerk to the Board Instructions:
Return signed copy to County Attorney.