Subject:
Title
Settlement of Atlantic Housing Partners L.L.L.P., et al v. Brevard County, Case No. 6:23-CV-02473-CEM-DCI in the United States District Court for the Middle District of Florida, Orlando Division.
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Fiscal Impact:
The plaintiffs in the above-described litigation will pay $125,000 to Brevard County to offset attorneys' fees and costs incurred in defense of the lawsuit. The settlement payment will be deposited into the Risk Management General Liability Line Cost Center 389620. The County has incurred attorneys' fees and costs totaling approximately $392,000. Of the remaining $267,000, the County is responsible for the first $100,000 under its self-insured retention insurance policy, and the insurer will reimburse the County for the balance of $167,000.
Dept/Office:
County Attorney's Office
Requested Action:
Recommendation
Approve the mediated settlement between Brevard County and the plaintiffs and authorize the Chair and County Attorney to sign a settlement agreement, release, and related documents as necessary and appropriate.
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Summary Explanation and Background:
On December 27, 2023, plaintiffs Atlantic Housing Partners L.L.L.P., Canton Construction, LLC, Concord Management, Ltd., and The Venue at Heritage Oaks Partners, Ltd. brought the case styled Atlantic Housing Partners L.L.L.P., et al v. Brevard County, Case No. 6:23-CV-02473-CEM-DCI in the United States District Court for the Middle District of Florida, Orlando Division, asserting federal civil-rights claims against Brevard County.
The plaintiffs intended to develop a 105-unit affordable housing multifamily rental project in West Melbourne and requested that the Board of County Commissioners approve tax exempt private activity bond financing pursuant to the Tax Equity and Fiscal Responsibility Act (TEFRA). After conducting two hearings, the Board denied the request based primarily on concerns from the City of West Melbourne and area residents concerning the suitability of ...
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