Impact fee settlement in October ?

Submitted by Adam Kaufman
Legal Analyst

September 18, 2014 11:28 a.m.

The attorneys for the parties in the long standing “impact fee” litigation involving Joanne Conlon and the City have today jointly advised the First District Court of Appeal that discussions toward a potential settlement are continuing. They have informed the Court that “the discussions have progressed to the point that the parties are now exchanging drafts of settlement documents” and have requested that the Court defer any action until October 20, 2014 when they will file a report with the Court on the outcome of their discussions. This the fourth such request to the Court.

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Just a portion of files brought to the historic courthouse during a December 2013 Bond Validation trail. (File Photo)

The City of Fernandina Beach has spent close to $600,000 in prosecuting and defending the two cases involving its imposition of “impact fees” on new water customers as a result of its purchase of the City Water Utility in 2002.

When contacted by the Fernandina Observer, City Attorney Tammi Bach said, “Commissioners and City Manager have absolutely nothing to do with the extensions. The lawyers on both sides are working through a 40-page settlement agreement draft in a class action lawsuit. It is typical for this type of case to take months to work out language in a settlement agreement. Any settlement agreement must be approved by the City Commission at a public meeting.”

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Adam Kaufman
Photo courtesy of Stephan R. Leimberg
UnSeenImages.com

Adam Kaufman is a semi-retired mediator and attorney. A graduate of Northwestern University School of Law, he was born and raised in the Bronx, NY. and attended NYC public schools, including Stuyvesant High School. He still serves on the American Arbitration Association Labor Panel. From 1994 – 2005, he was Regional Director for the New York State Public Employment Relations Board