Agenda 08/13/2024 Item #16K 5 (Purchase Order related to its provision of litigation services in the case styled Naples Golf Development LLC V. Collier County)08/13/2024
EXECUTIVE SUMMARY
Recommendation to authorize an increase in the Purchase Order for Woods, Weidenmiller, Michetti, and
Rudnick, LLP related to its provision of litigation services in the case styled Naples Golf Development,
LLC v. Collier County, Case No. 23-CA-1795, which is a Bert Harris Action filed against the County
concerning the conversion of a golf course to a residential development. (Fiscal impact $100,000)
OBJECTIVE: That the Board of County Commissioners authorize an increase to the Purchase Order for outside
counsel in accordance with Collier County’s Board approved retainer agreement, to provide continued
construction litigation representation.
CONSIDERATIONS: Collier County retained the law firm of Woods, Weidenmiller, Michetti, and Rudnick,
LLP to assist as counsel to provide specialized litigation services for the pending Bert Harris Action, styled
Naples Golf Development, LLC v. Collier County, Case No. 23-CA-1795. Naples Golf Development alleges that
the County has prohibited it from developing its property as a residential subdivision based on the County’s Golf
Course Conversion Ordinance, Section 5.05.15 of the Land Development Code. The Claimants allege that the
Golf Course Conversion inordinately burdens an existing use of their property or a vested right to a specific use of
their property and further alleges a taking of private property without payments of just and full compensation in
violation of the Florida Constitution. This case is being litigated, and pursuant to Court Order, non-binding
arbitration is scheduled. The County Attorney believes that this matter will be settled prior to trial, however,
should the case proceed to trial there will be significant additional litigation fees and costs.
Staff is requesting an increase in the Purchase Order for Woods, Weidenmiller, Michetti, and Rudnick, LLP to
provide for its continued representation on this matter through trial, if necessary. It is difficult at this time to
ascertain with particularity how much outside counsel fees may total in this case due to uncertain variables such
as: (1) whether this matter can be settled, (2) the amount of discovery and depositions initiated by other parties,
(3) the approach of other counsel, (4) the duration of trial, if applicable, and (4) other complicating factors. To
date the County has spent $84,597.25 in litigation attorney fees and costs which includes the cost of retaining an
expert witness who specializes in valuation of real property rights for Bert Harris litigation and the cost of
mediation services.
At this time, Staff requests Board authority to increase the current Purchase Order by $100,000 and staff will
report back to the Board if additional resources are required going forward, as well as whether any opportunity to
settle this dispute arises. Pursuant to the Bert Harris Act, Section 70.001, Fla. Stat., the prevailing party may be
entitled to recover its attorneys fees and costs as determined by the Court.
FISCAL IMPACT: Funding in the amount of $100,000 is budgeted in the Comprehensive Planning Cost Center
(138317) within the Unincorporated Area General Fund (1011).
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval. - CMG
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Recommendation to authorize an $100,000 increase in the Purchase Order for Woods,
Weidenmiller, Michetti, and Rudnick, LLP related to its provision of litigation services in the case styled Naples
Golf Development, LLC v. Collier County, Case No. 23-CA-1795, which is a Bert Harris Action filed against the
County concerning the conversion of a golf course to a residential development.
PREPARED BY: Michael Bosi, Division Director, Planning and Zoning
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08/13/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 28253
Item Summary: Recommendation to authorize an increase in the Purchase Order for Woods, Weidenmiller,
Michetti, and Rudnick, LLP related to its provision of litigation services in the case styled Naples Golf
Development, LLC v. Collier County, Case No. 23-CA-1795, which is a Bert Harris Action filed against the
County concerning the conversion of a golf course to a residential development. (Fiscal impact $100,000)
Meeting Date: 08/13/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
03/06/2024 2:41 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/06/2024 2:41 PM
Approved By:
Review:
Zoning Madison Bird Other Reviewer Skipped 08/07/2024 10:32 AM
County Attorney's Office Colleen Greene Other Reviewer Completed 08/07/2024 10:56 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/07/2024 11:02 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/07/2024 11:33 AM
Office of Management and Budget Christopher Johnson OMB Reviewer Completed 08/07/2024 3:29 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 08/07/2024 3:36 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/13/2024 9:00 AM
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