HomeMy WebLinkAboutVII(B) Discussion/ Action Re: Settlement With Orlando/Orange County Expressway Authority , Orange County Circuit Court Case No. C198-1273 Re: Wofford Road Agenda 11-03-98
FOLEY & LARDNER ItemVIIB
ATTORNEYS AT LAW
CHICAGO POST OFFICE BOX 2193 SACRAMENTO
JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN DIEGO
LOS ANGELES 111 NORTH ORANGE AVENUE,SUITE 1800 SAN FRANCISCO
MADISON ORLANDO, FLORIDA 32801-2386 TALLAHASSEE
MILWAUKEE TELEPHONE(407)423-7656 TAMPA
ORLANDO FACSIMILE(407)648-1743 WASHINGTON D.C.
WEST PALM BEACH
Memorandum
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Assistant City Attorney
THROUGH: Paul E. Rosenthal, City Attorney
DATE: October 28, 1998
RE: City of Ocoee adv. Orlando/Orange County Expressway Authority
Orange County Circuit Court Case No. CI98-1273
The referenced lawsuit is a condemnation case brought by the Orlando/Orange
County Expressway Authority which affects the City's interest in Wofford Road. In the initial
condemnation petition Parcel 61-146 was described as being owned by WFR, Inc., a dissolved
Florida corporation, and F. Booker Roper, Beth R. Duppenthaler and Dean C. Angstrom, as
trustees and sole remaining directors of WFR, Inc. The City of Ocoee was identified as having
a potential interest in a portion.of Parcel 61-146,by virtue of its road maintenance on Wofford
Road. Parcel 61-146 includes the Wofford Road right-of-way and property legitimately owned
by the other referenced defendants. Early in the litigation, however, the Expressway Authority
took the position that the City had not complied with Florida Statutes regarding road
maintenance and therefore had no interest in Parcel 61-146. We were able to demonstrate that
the City had maintained Wofford Road in accordance with the statute and did have a legal
interest in the right-of-way.
In the Declaration of Taking filed with the Court contemporaneous with the
Petition, the Expressway Authority valued Parcel 61-146 at $44,000.00. The parties have
estimated that the City is the owner of roughly one-fourth of Parcel 61-146. The City has not
obtained an independent appraisal of the property. The Expressway Authority has agreed to
pay the City of Ocoee the sum of $10,000.00 for its interest in Parcel 61-146, along with the
payment of attorneys' fees.
006.113993.1 O1
ESTABLISHED 1 8 4 2
A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN, BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART
We recommend acceptance of the settlement offer by the Expressway Authority
and authorization by the City Commission to execute any documents necessary to effectuate the
settlement. The City Manager concurs in this recommendation.
006.113993.1 -2