Agenda 04/08/2008 Item #16K 2
Agenda Item No. 16K2
April 8, 2008
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to reject the Offer of Judgment to the County in the lawsuit styled CC v.
Charles R. Wilson, et al., Case No. 02-5164-CA (Immokalce Road Project No. 60018)
OBJECTIVE: That the Board of County Commissioners reject the Offer of Judgment
made by Respondents, Charles R. Wilson, Betty J. Wilson and Helen J. Wilson, in the lawsuit
styled CC v. Charles R. Wilson, eta/., Case No. 02-5 I 64-CA
CONSIDERATIONS: On May 29, 2003, Collier County acquired right of way from
owner/Respondents, Charles R. Wilson, Betty J. Wilson and Helen J. Wilson, designated as
Parcel 142 by depositing the sum of$2l,900 into the Court's registry. This equates to $60,000
an acre for the land taken. In September, 2004, the County made an Offer of Judgment to these
Respondents to settle Parcel 142 for $25,185. This offer was rejected. Because of their
rejection, the owners must now recover a sum greater than the County's offer or pay for all costs
they incur after October, 2004, which are currently in excess of $6,000.
On February 13, 2008, Respondents, Wilson, made a reverse Offer of Judgment to the County in
the amount of$37,998 for Parcel 142. See attached Offer of Judgment. (An extension of time to
March 26, 2008, was granted by Respondents' counsel to allow County time to evaluate and
obtain Board approval or rejection of the offer.) This amounts to roughly $100,000 an acre for
the land taken. If Respondents recover an amount equal to or greater than their offer, the
.- County will be required to pay their attomey's fees; therefore, thc risk of Respondents obtaining
a jury award equal to or greater than $37,998 must be carefully weighed. Moreover, if the
County accepts this offer, it will have to pay all reasonable costs, thereby losing the cost-shifting
benefit of its previous OJ. Based on these various considerations, County staff and the Office of
County Attomey recommend that this offer be rejected by the Board.
Attached is the Offer of Judgment.
FISCAL IMPACT: rfthe Board rejects the offer there will be no fiscal impact.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners reject the Offer of
Judgment made by Respondents, Wilson.
PREPARED BY: Ellen T. Chadwell, Assistant County Attomey
,,-,
Agenda Item No. 16K2
April 8, 2008
Page 2 of 4
TN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
TN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
Political subdivision of the State of
Florida,
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Petitioner,
CASE NO.:
Parcel No.:
02-5 I 64-CA
142
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vs.
CHARLES R. WILSON, et al.
Respondents.
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RESPONDENT'S OFFER OF ,JUDGMENT
Respondents, CHARLES R. WILSON, BETTY J. WILSON, AND HELEN J. WILSON, by
and through their undersigned counsel and pursuant to Section 73.032, Florida Statutes, and the procedure
set forth in F]a.R.Civ.P. 1.442, hereby makes the following Offer of Judgment to Petitioner, COLLIER
COUNTY, in the amount of S37,998.00, to settle all pending claims with that party, excluding all
attorney's fees, expert witness fees and costs,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnished, by
regular U.S. Mail to Eilen ChadwelJ, Otfiee ofth~ Coumy Attomey, 3301 Tarniami Trail Eaiit,
Naples, FL 341 ]2, on this K day of February, 2008.
ROETZEL & ANDRESS
A Legal Professional Association
2320 First Street, Suite 1000
Fort MyeL FI. 33901
Telephone (239) 337-3850
Facsimile (239) 337-0970
By:
K nneth A. Jones
1'1 rida Bar No. 0200158
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Page lof2
;;genc;a Itsm No. 16K2
April 8, 2008
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSION~RS
Item Number:
Item Summary:
16K2
Meeting Date:
Recommendation to reject the Offer of Judgment to the County In the lawsuit styled CC v
Charles R. Wilson. et al , Case No 02-5164-CA (!mmokalee Road Project No. 60018)
418/2008 9:0000 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3112/200811 :41 :46 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
T~ansportation Administration
3/12/20082:43 PM
Approved By
Ellen T. Chadwell
t,ssistant County Attorney
Date
County Attorney
C.:>llnt)' .A.ttcrnE'Y Office
3!12f2008 3:42 PM
Approved B~'
S!'-,3ran Newm2n
:,cco:.mting Sup'2~visor
D<Jte
Tra"1sportatian Services
Transportation Services Admin
3/12/200B 3:58 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
3!19f2008 3:45 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM.ROW
3/24/20085:40 PM
Approved By
Norm E. Feder. Alep
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3.125/2008 9:55 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/26120084:33 PM
Approved By
OMS Coorfiinator
Applications Analyst
Date
Administra.ive Services
information Technoiogy
3i2112008 2:15 PM
Approved By
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Agenda Item No. 16K2
April 8, 2008
Page 4 of 4
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
3/27/20083:46 PM
A pproved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
3/29/20084:33 PM
file://C:IAgendaTestIExportll 04-April%208, %2020081 16.%20CONSENT%20AGENDA I] 6... 4/2/2008