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County Attorney's Report 12. 1.

BCC Regular Meeting

Information

Meeting Date:	05/21/2015
Issue: David A. Bosso and Kathy K. Bosso vs. Escambia County and SRIA; and Jeffory S. Hunt and Ellen K. Hunt vs. Escambia County and SRIA
From:	Stephen West
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning David A. Bosso and Kathy K. Bosso vs. Escambia County and Santa Rosa Island Authority, Case No. 2014 AP 000027; and Jeffory S. Hunt and Ellen K. Hunt vs. Escambia County and Santa Rosa Island Authority, Case No. 2014 CA 001537.

That the Board accept the following information concerning the cases of David A. Bosso and Kathy K. Bosso vs. Escambia County and Santa Rosa Island Authority, and Jeffory S. Hunt and Ellen K. Hunt vs. Escambia County and Santa Rosa Island Authority:

On April 29, 2015, the Honorable Judge Edward P. Nickinson, III, affirmed the judgment of the trial court granting Escambia County and Santa Rosa Island Authority's Motions for Summary Judgment against the plaintiffs in David A. Bosso and Kathy K. Bosso vs. Escambia County and Santa Rosa Island Authority, Case No. 2012 CC 000148.

The master leases on the Bossos' parcels do not address which party is obligated to pay the ad valorem taxes, and the Bossos 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 attorney representing the Bossos filed a similar suit on behalf of the Hunts, Case No. 2014 CA 001537, but they voluntarily dismissed their suit after the Bossos' appeal was denied.

BACKGROUND:

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BUDGETARY IMPACT:

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LEGAL CONSIDERATIONS/SIGN-OFF:

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PERSONNEL:

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POLICY/REQUIREMENT FOR BOARD ACTION:

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IMPLEMENTATION/COORDINATION:

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Order of Court