Agenda 11/10/2009 Item #16K 1
.l\genda Item No. 16K1
November 10, 2009
Page 1 of 3
EXECUTIVE SUMMARY
Report with respect to a recent order denying Defendant, Collier County's Motion for
Rehearing and/or Clarification in the lawsuit styled Craig Grider and Amber Grider v.
Collier County, Case No. 08-7794-CA, and the intent of the County Attorney to file an
appeal of this order to the Florida Second District Court of Appeal, absent further Board
direction.
OBJECTIVE: With respect to the Grider litigation, to advise the Board (1) of an Order
Denying Defendant, Collier County's Motion for Rehearing and/or Clarification; (2) that absent
Board direction to the contrary, the County Attorney intends to file an Appeal of this Order; and
(3) should any Commissioner wish to discuss this matter, that this item be pulled from the
consent agenda so that the County Attorney can declare a shade session for the next Board
meeting.
CONSIDERATIONS: On September 15, 2009, this matter was brought before the Board in
both a shade session and as a regular agenda item as there has been no progress towards the
parties reaching a voluntary settlement. This Office was directed to bring the matter back to the
Board "if there are any changes." A change occurred when our Office received Judge Pivacek's
Final Order denying the County's Motion for Rehearing. A copy of the Final Order is attached.
In light of the Order, the County has tbe option of either issuing the Griders a Certificate of
Occupancy, or appealing the Court's decision. Any appeal of the Court's Order must be filed by
November 23, 2009. Accordingly, there is insufficient time between this Board meeting and the
next to lawfully hold a shade session. The County may voluntarily dismiss an Appeal at any
time in the appellate process.
If any Commissioner wishes to discuss the matter, the County Attorney recommends that the
matter be removed from the Consent Agenda, so that the County Attorney can request a closed
session to be held at the next regularly scheduled Board meeting.
FISCAL IMP ACT: There is no direct immediate fiscal impact associated with the Appeal,
other than filing fees. The Appeal will be prepared and argued by the County Attorney's Office.
There is the potential that the Appellate Court could order the COW1ty to pay opposing counsel's
attorney's fees and costs, which would be in the tens of thousands of dollars.
GRO\VTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners reviews the Order Denying
Defendant, Collier County's Motion f<Jr Rehearing and/or Clarification. Unless otherwise
directed by the Board, the County Attomey will tile an Appea! of this Order to the Florida
Second District COUli of Appeal.
Prepared by: Jeffrey A. Klatzkow, County Attomey
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Agenda item ~~o. 16K1
November 10, 2009
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Report with respect to a recent order denying Defendant, Collier Countys Motion for
Rehearing and/or Clarification in the lawsuit styled Craig Grider and Amber Grider v. Collier
County, Case No. 08-7794-CA, and the intent of the County .A.ttorney to file an appeal of this
order to the Florida Second District COLlrt of Appeal, absent further Board direction.
11/10/200990000 MIl
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
11/2/200911 :37 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
11/2/20095:05 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/2/20Q9 5:21 PM
jl,g.::mda Item ['h 161< 1
t~ovember 10, 2009
Page 3 of 3
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CASE NO.: 08-7794-CA
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CRAIG GRIDER and AMBER GRIDER,
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Plaintiffs,
vs.
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COLLIER COUNTY, a political
subdivision of the State of Florida,
Defendant.
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ORDER DENYING DEFENDANT. COLLIER COUNTY'S
MOTION FOR REHEARING AND/OR CLARIFICATION
THIS CAUSE came to be heard upon Defendant, Collier County's Motion for Rehearing
and/or Clarification. The Court, having reviewed the papers and being otherwise advised in the
premises, it is
ORDERED AND ADJUDGED that:
1. Defendant, Collier County's Motion for Rehearing and/or Clarification is hereby
DENIED for the reasons stated in Plaintiffs' Response to Defendant Collier's Motion for
Rehearing and/or Clarification including, but not limited to, their express acknowledgment that a
Certificate of Occupancy is subject to a potential revocation depending on the outcome of Craig
Grider and Amber Grider v. Collier County, Case No. 09-3164-CA.
DO~TE AND ORDERED in Chambers, in Naples, Collier County, this _ day of
The on~' 't-l?! Of
,2009.
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UL-I LUb
Hon. Cynthia A. Ellis bv CYi,r:'h\ i\ P
Judge of the Circuit Court C>-,.,):t C<,.n ,)
Copies fU/71ished to:
Margaret L. Cooper, Esq., Jones, Foster, Johnston & Stubbs, P.O. Box 3475, West Palm Beach, FL 33402-3475; and
Steven T. Williams, Esq., Office of the County Attorney, 3301 E. Tamiami Tr., 8th Fl., Naples, FL 34112.
P:\DOCS\25190\OOOOI \PLD\14XOI09.DOC
order re motion rehearing clarification