Agenda

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County Attorney's Report 13. 1.

BCC Regular Meeting

Action

Meeting Date:	09/05/2013
Issue: Escambia County, FL v. GFD Construction, Inc. and Anthony J. Green, Sr. (Case No. 2011 CA 001778)
From:	Ryan Ross
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Escambia County, FL v. GFD Construction, Inc. and Anthony J. Green, Sr. (Case No. 2011 CA 001778).

That the Board authorize the County Attorney's Office to:

A. File a Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt for Violating the Injunction of December 14, 2011 and to request any other appropriate relief to ensure compliance; and

B. File a Petition for Injunctive Relief against any successors in interest to the subject property, if necessary.

BACKGROUND:

On September 22, 2011, Escambia County filed a Complaint for Temporary and Permanent Injunctive Relief against GFD Construction, Inc. and Anthony Green, Sr. Prior to a scheduled circuit court hearing, the parties agreed to the issuance of an Order of Temporary Injunction (attached as backup to this recommendation). The order enjoined GFD Construction and Mr. Green from disposing, storing, or processing construction and demolition debris or land-clearing debris on three contiguous parcels (the Blossom Trail Facility) without necessary Escambia County permits.

On August 19, 2013, Escambia County representatives met with investigators from the Escambia County Sheriff’s Office, the Florida Department of Environmental Protection, and the Florida Fish and Wildlife Conservation Commission. These agencies presented evidence that GFD Construction and Mr. Green had resumed unpermitted activity at the Blossom Trail Facility. Accordingly, the County Attorney’s Office is requesting authorization to file a motion to enforce the injunction and to seek other appropriate sanctions, including a finding of contempt. Furthermore, GFD Construction and Mr. Green may have transferred ownership of some of the parcels constituting the Blossom Trail Facility since entry of the injunction. The County Attorney’s Office is therefore also asking for permission to file a petition for injunctive relief against any of the current owners who may be engaging in unpermitted activity or violating other County codes and ordinances.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

Upon approval, the County Attorney's Office will coordinate with Solid Waste Management and Code Enforcement to implement the above action.

Attachments
Order of Temporary Injunction