Resolution 1994-420
JUKE ]4. ] 994
RESOLUTION NO. 94- 420
RESOLUTION APPROVING A SETTLEMENT IN THE MATTER OF
THE GLADES, INC. V. COLLIER COUNTY, CASE NO.
90-101-CIV-FTM-2S-D, AND THE GLADES, INC. V. JOHN
WILVER, CASE NO. 92-106-CIV-FTM-1S (D), PRESENTLY
PENDING IN THE ELEVENTH CIRCUIT COURT OF APPEALS,
UNITED STATES OF AMERICA.
WHEREAS, The Glades, Inc. filed suit in Circuit Court
against the Board of County Commissioners challenging the
.application of Collier County Sign Ordinance No. 89-60, which
case was sUbsequently removed to Federal Court by counsel for the
County; and
WHEREAS, in Plaintiff's complaint it requested that the
Court declare that the County had arbitrarily applied Collier
County Ordinance No. 89-60 and further requested the Court to
enjoin the County from applying this ordinance, together with all
attorney's fees and costs expended by the Plaintiff; and
WHEREAS,' by Order of June 7, 1993, the Middle District Court
of Appeals held that Collier County's Sign Ordinance No. 89-60
,I
is null and void because it was not enacted in compliance with
the notice' and hearing requirements of Section 125.66, Florida
~tatJtes, applicable to zoning ordinances; and
WHEREAS, Collier County moved the Court to reconsider its
earlier-Order, finding said sign ordinance null and void, on June
15, 1993; and
--
~EREAS, Chief Judge Sherman G. Finesilv~r, writing for the
Court, denied the Motion for Reconsideration filed by the County
and reaffirmed that Collier County Sign Ordinance No. 89-60 is
null and void and directed the County to process the Plaintiff's
application to add the requested sign copy in accordance with
Ordinance No. 82-2; and
WHEREAS, the Plaintiff has agreed to the dismissal with
prejudice of both pending appeals before the Eleventh Circuit
Court of Appeals, pursuant to the County processing its sign
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JUKE ]4, ]994
application, together with the payment to Plaintiff's counsel of
the sum of seven thousand, five hundred and nO/100 ($7,500.00)
do~lars as full and complete attorney's fees and costs expended
in this action by the Plaintiff; and
. WHEREAS, such action will result in the termination of both
matters filed by the Plaintiff and will extinguish any further
exposure enjoyed by the County for damages, attorney's fees and
costs.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board accepts
"
the pr~posed settlement agreement negotiated between The Glades,
Inc. and Collier County and approves the conditions setforth
herein.
BE
IT
FURTHER RESOLVED
that
the
Board
of
County
Commissioners authorizes the County Attorney's Office to execute
the Settlement Agreement between the parties on behalf of the
Board of County Commissioners.
This Resolution adopted after motion, second and majority
vote.
D~~~I?:.~(.~I Jl'y
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ATTeST: '...:.,;::. ,1:. ".
.' DwiGHT ..;Ei:~ BR'OC}(,~ CLERK
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Appro~~a;as to form and
legal sufficiency:
~~-
Davi E. ry t
Assi tant~county Attorney
DEI/a/1213