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County Attorney's Report 13. 1.

BCC Regular Meeting

Information

Meeting Date:	11/06/2014
Issue: David A. Bosso and Kathy K. Bosso vs. Escambia County and Santa Rosa Island Authority
From:	Stephen West
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning David A. Bosso and Kathy K. Bosso v. Escambia County and Santa Rosa Island Authority, Case No. 2012-CC-000148.

That the Board accept the following information concerning the case of David A. Bosso and Kathy K. Bosso v. Escambia County and Santa Rosa Island Authority:

On September 15, 2014, the Honorable Judge Pat Kinsey granted Escambia County and Santa Rosa Island Authority's Motions for Summary Judgment against the Petitioners in David A. Bosso and Kathy K. Bosso v. Escambia County and Santa Rosa Island Authority, Case No. 2012-CC-000148.

The master leases on the Petitioners' parcels do not address which party is obligated to pay the ad valorem taxes, and the Petitioners argued, unsuccessfully, that the Court should apply a principle of contract law that requires ambiguities in a lease to be construed against the landlord and require Escambia County and/or Santa Rosa Island Authority to pay any ad valorem taxes.

The Petitioners have filed a notice of appeal. The County Attorney's Office has filed a motion to tax costs.

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PERSONNEL:

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POLICY/REQUIREMENT FOR BOARD ACTION:

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