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County Attorney's Report 12. 4.

BCC Regular Meeting

Information

Meeting Date:	12/08/2011
Issue: Town of Repton, et al. v. Conecuh Woods, LLC, et al., Case No. CV-2011-900033.00
From:	Charles V. Peppler, Deputy County Attorney
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Town of Repton, et al. v. Conecuh Woods, LLC, et al. (Case No. CV-2011-900033.00)

That the Board accept the following information:

Escambia County, Florida's motion to intervene as a party plaintiff was granted by Honorable Burt Smithart, Circuit Court of Conecuh County. The County's complaint in intervention was filed on November 21, 2011. The defendants, Conecuh Woods, LLC, Conecuh County and the Alabama-Tombigbee Regional Commission have filed a Writ of Mandamus in the Alabama Supreme Court contesting the denial of their motions to dismiss. On November 22, 2011 the Alabama Supreme Court granted a stay of all trial court proceedings. On the same day that the Supreme Court granted the stay, this office on behalf of the Town of Century and the Escambia Soil and Water Conservation District filed a motion to intervene with a proposed complaint in intervention. The disposition of this motion will now be on hold until the stay is lifted by the Alabama Supreme Court.

The Alabama Supreme Court will require briefing on the issues presented by the defendants. This office will adopt the briefs filed on behalf of the Town of Repton and Mayor Carter who are the lead plaintiffs in this litigation. It is unknown whether the Alabama Supreme Court will schedule oral argument or decide the matter strictly on the basis of written briefs. If oral argument is scheduled, this office will make plans to attend and will apprise the Board of the Supreme Court's questions and voiced concerns, if any, to the arguments raised by the parties.

BACKGROUND:

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PERSONNEL:

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POLICY/REQUIREMENT FOR BOARD ACTION:

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