Agenda 09/14/2010 Item #16K 9
Agenda Item No. 16K9
September 14, 2010
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve increasing a Purchase Order to Hahn Loeser to add an additional
$150,000 to the current $100,000 cap for the Hussey v. Collier County litigation cases, to be paid by
funds currently within the County Attorney's approved budget.
OBJECTIVE: That the Board of County Commissioners approve increasing a Purchase Order to add an
additional $150,000 which will exceed the $100,000 cap for Hahn Loeser in accordance with Collier
County's contract with Hahn Loeser to provide continued litigation support services in the Hussey v. Collier
County litigation cases, to be paid by funds currently within the County Attorney's approved budget.
CONSIDERATIONS: As stated in the last litigation update to the Board, on September 11, 2008, the
Plaintiffs' Francis D. Hussey, Jr. and Mary P. Hussey, husband and wife, and Winchester Lakes Corporation,
a Florida corporation, filed an Inverse Condemnation suit seeking monetary damages from Collier County,
the Honorable Charlie Crist, the Governor of the State of Florida and the Florida Department of Community
Affairs. The Husseys contend that the designation of certain real property owned by them by a Growth
Management Plan Amendment adopted in 2002, had the effect of precluding mining activities on property,
thereby resulting in a substantial diminution in value of the real estate, which the Plaintiffs contend to be
compensable under Florida law. The Complaint alleges damage claims, as of June, 2002, in the amount of
$67,300,000, and as of July, 2007, in the amount of $91,500,000. The Plaintiffs have also presented a claim
for "inverse condemnation based on a regulatory taking of Plaintiffs' property," in an amount not specified in
the Complaint. The Wildlife Federation and Collier County Audubon Society was granted leave to
intervene in the suit by the Court on April 29, 2009. On July 9, 2009, the Florida Wildlife Federation and
Collier County Audubon Society served upon Defendants Francis and Mary Hussey a Notice of Intent to Sue
over Violations of the Endangered Species Act of 1973 (16 V.S.C. 1531 et ~ Land Clearing of Primary
Panther Habitat, RCW Foraging Habitat, and Wood Stork Foraging Habitat. The cases are in the discovery
stage.
The County has retained the law firm of Hahn Loeser and specifically, Theodore L. Tripp, Esq. of that finn
to assist the County and act as co-counsel in this litigation.
Exhibit A of the Continuing Retention Agreement with Garvin & Tripp dated January 28, 2010 has a
provision which states: "Hahn Loeser' fee shall not exceed $100,000.00 per Purchase Order/Case without the
approval of the Board of County Commissioners." As noted in the budget workshop materials, I reduced my
request for outside counsel fees for defending these cases because I knew the money was budgeted this year
and it was my intent to roll it over instead of requesting additional funds.
FISCAL IMP ACT: The funds for the referenced outside counsel fees are currently in the budget of the
Office of the County Attorney. There is no additional fiscal impact associated with this Executive Summary.
GROWTH M~~AGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve increasing a Purchase Order
to add an additional $150,000 which will exceed the $100,000 cap for Hahn Loeser in accordance with
Collier County's contract with Hahn Loeser to provide continued litigation support services in the Hussey v.
Collier County litigation cases, to be paid by funds currently within the County Attorney's approved budget.
Prepared by: Jeffrey A. Klatzkow, County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K9
September 14, 2010
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K9
Recommendation to approve increasing a Purchase Order to Hahn Loeser to add an
additional $150,000 to the current $100,000 cap for the Hussey v. Collier County litigation
cases, to be paid by funds currently within the County Attorneys approved budget.
9/14/20109:00:00 AM
Prepared By
Jeff Klatzkow
County Attorney
Date
Approved By
9/7/201010:28:22 AM
Jeff Klatzkow
County Attorney
Date
Approved By
9/7/20101:10 PM
OMB Coordinator
County Manager's Office
Date
Office of Management & Budget
9/7/20101:29 PM
Approved By
Randy Greenwald
Office of Management &
Budget
Management/Budget Analyst
Date
Office of Management & Budget
9/7/20102:13 PM
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
9/7/2010 3: 37 PM