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County Attorney's Report 11. 5.

BCC Regular Meeting

Action

Meeting Date:	01/05/2012
Issue: Jacenta Walker v. Escambia County Office of Environmental Enforcement - Settlement Recommendation
From:	Ryan E. Ross, Assistant County Attorney
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Settlement of Jacenta Walker v. Escambia County Office of Environmental Enforcement, Case No.: 2010 CA 001107

That the Board approve funding $37,500.00 of a $47,500.00 settlement to Jacenta Walker for damages allegedly caused by Escambia County's demolition of a townhouse located adjacent to her own townhouse.

BACKGROUND:

Jacenta Walker owns a townhouse located at 155 Diego Circle in Escambia County, Florida. The townhouse is the end unit of a row of adjoining townhouses. Ms. Walker rented the townhouse as a means of income. In 2007, an adjacent townhouse sustained major fire damage and was cited for code violations by Escambia County Code Enforcement. The County ultimately decided to demolish the adjacent townhouse and hired a contractor to perform the demolition. Ms. Walker did not receive notification of the proposed demolition. The demolition exposed portions of Ms. Walker's townhouse to the outside environment. Ms. Walker filed a lawsuit in circuit court, alleging that her townhouse sustained physical damage as a result of the demolition and that she has further lost rental income due to the condition of the townhouse.

Ms. Walker is seeking damages from Escambia County, its demolition contractor, Swalley Construction Co., and the demolition contractor's subcontractor, BP Excavating. The parties recently attended a mediation session. The parties agreed to Ms. Walker's significantly-reduced settlement demand of $47,500.00. Escambia County would fund $37,500.00 of this settlement and each co-defendant would fund $5,000.00 of the remaining settlement amount. The Board reviewed this case and settlement during a confidential attorney-client privilege session on November 10, 2011, and instructed the County Attorney's Office to pursue a settlement in this amount.

BUDGETARY IMPACT:

The Board of County Commissioners will expend $37,500.00 as part of this settlement agreement.

LEGAL CONSIDERATIONS/SIGN-OFF:

This recommendation was prepared by Ryan E. Ross, Assistant County Attorney.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
No file(s) attached.