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County Attorney's Report 11. 3.

BCC Regular Meeting

Information

Meeting Date:	06/20/2019
Issue: Brad Crain v. Escambia County, Office of Environmental Enforcement, Circuit Court Case No. 2018-AP-119
From:	KIA JOHNSON
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Brad Crain v. Escambia County, Office of Environmental Enforcement, Circuit Court Case No. 2018-AP-119.

That the Board accept for information that the County as prevailed in the Circuit Court appeal filed by Mr. Brad Crain with respect to the Special Magistrate's prior determination that Mr. Crain must either obtain an appropriate permit or remove an unpermitted driveway which has been constructed within the Perdido Key Habitat Conservation Plan.

BACKGROUND:

Mr. Brad Crain owns real property on Perdido Key. Prior to constructing his home, Mr. Crain lawfully obtained a permit, and then built a home with one permitted driveway. In May 2018, Mr. Crain installed a second driveway. The second unpermitted driveway was the source of this dispute.

On May 10, 2018, Code Enforcement issued a Notice of Violation ordering Mr. Crain to cease and desist all land disturbance activity until all proper permits were obtained. Mr. Crain failed to comply with the Notice of Violation and the matter was set for hearing.

On August 14, 2018, Special Magistrate John B. Trawick entered an order requiring Mr. Crain to either obtain the necessary permits or to remove the unpermitted driveway. Mr. Crain’s deadline for compliance with this order was October 13, 2018.

On September 13, 2018, Mr. Crain filed a Notice of Appeal in the Circuit Court of the First Judicial Circuit in and for Escambia County. On June 13, 2019, the Circuit Court entered the attached Opinion on Appeal, affirming the Special Magistrate’s Order.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Assistant County Attorney Kia Johnson has reviewed and approved this recommendation.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Opinion