Subject:
Title
Approval of Settlement Agreement with Nathan and Christy Barnett in Barnett v. Brevard County, Case No. 05-2024-CA-056074 (18th Cir.) and Barnett v. Brevard County and St. Johns River Water Management District, Case No. 26-1210 (DOAH)
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Fiscal Impact:
The proposed settlement involves the parties’ mutual release of their respective claims and dismissal of the pending litigation in the Circuit Court and the Division of Administrative Hearings, with each party to bear their own attorneys’ fees and costs. The settlement obligates the County to install a vegetative buffer at a cost not to exceed $5,000 and may require the County to perform minor grading. The settlement obligates Nathan and Christy Barnett to provide a drainage easement to the County.
Dept/Office:
County Attorney’s Office / Public Works Department
Requested Action:
Recommendation
It is requested that the Board of County Commissioners approve a settlement that will resolve the cases of Barnett v. Brevard County, Case No. 05-2024-CA-056074 in the Circuit Court for the 18th Judicial Circuit, and Barnett v. Brevard County and St. Johns River Water Management District, Case No. DOAH 26-1210 (F.O.R. 2026-04) before the Division of Administrative Hearings.
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Summary Explanation and Background:
Oak Park is a neighborhood in Suntree. The roads within Oak Park are dedicated to the public and maintained by the County. For years, the roads in Oak Park, particularly Oak Park Drive, experienced routine flooding. At the request of the Oak Park homeowners’ association and residents, the County undertook a study to determine how to address the road flooding. The County then designed and contracted for the construction of a drainage project to alleviate the flooding (the “Project”).
A portion of the Project is located within a drainage easement on Property owned by Nathan and Christy Barnett (the “Barnetts”). The Barnetts contend that the drainage easement was eliminated, abandoned, or vacated,...
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