Fort Walton Beach Council agenda — 02-11-03 regular Council agenda — reading text

and So when you do read that see responding to the City' s Motion for Summary Judgment. some slighted or slanted factual conclusions by the Court, you' ll remember that that' s not an are viewed in the light most favorable evaluation of disagreement by the Court. Always the facts to the Party that has to respond to a Motion for Summary Judgment. In this case it was the Plaintiffs. is over? Jim Tucker - The issue then, as far as the Federal Court goes, that was pending. City Attorney - And that' s the only litigation this thing, to end it without costing a lot Jim Tucker - As you know, we asked you to try to keep Court, right? of people a lot of money, we asked you to go to State those and this is one mans opinion, it was apparent City Attorney - It was apparent that, while to commence the Federal Court suit, Plaintiffs had already prepared and were in a position the issue resolved in decision to try to have this property you were in good faith pursuing your for were getting together our survey appropriate Court, which was the State Court. While we and filed that extensive suit, which the Federal that, of course, they ran to the Federal Courthouse unclear). Judge has thrown them out on their ear ( recover our $ 1, 000 worth of pavement that we Jim Tucker - I have one little question. Can we 1, 000 to repair pavement that was tom up had to put back down there Missy? Did we not spend $ on one of our streets? City Attorney - For about $ 20, 000 I can probably collect that $ 1, 000. Jim Tucker - Then I'll forgive that debt. file the resolved? Our intent was, I made that motion to go Clay Carnathan - Jerry, is the issue it would matter what decision we made we knew lawsuit on the intention of settling it because no was before the Federal the result here today? Is it still where it prompt a lawsuit. So what is lawsuit was filed? City Attorney - Yes, that could be said ... to this? Clay Carnathan - Is there any resolution I g COUNCIL MEETING 2- 11- 03 City Manager announcement cont. yes, we' re going to continue the same course that the City has maintained, and City Attorney... the appeal period to give instruction that is that those are rights- of-way. And I expect that after to the staff to go ahead and exercise our full regular jurisdiction over any City right-of-way. Jim Tucker - Are you saying that you will go, that we are going to proceed for what you asked for at that time? Clay Carnathan - Not necessarily. here first in line to tell you we ought to do that if I City Attorney - I would tell you, I'd be up to file that Federal suit. didn' t think that they' d operated in bad faith that, and being predisposed a spontaneous accumulation and Those allegations were just too extensive to have been between the time of your action asking us to go to preparation of a complaint after your action, For me that was just too short term the State Court and they' re having that suit prepared to file. to leave me with a different opinion. its But all that aside, our position today now, after the appeal process runs Clay Carnathan - that we are the course in the Federal jurisdiction, our position will revert to the default position we are challenged on (unclear), in some other jurisdiction. operators of that right- of-way, until otherwise. City Attorney - Yes, unless you instruct me