Do the attorneys in the impact fee case suffer from premature announcement?

Legal Analyst

October 15, 2014 3:31 p.m.

On October 7, 2014 the attorneys for the City of Fernandina Beach and for Joanne Conlon informed the Florida Supreme Court: "Pursuant to Rule 9.300, Florida Rules of Appellate Procedure, Appellant, The City of Fernandina Beach and Appellee Joane Conlon, jointly notify the Court that they have entered into a tentative Settlement Agreement which, when fully implemented, will result in dismissal of this appeal."

City Attorney Bach suggests that the attorneys' declaration to the Supreme Court was inaccurate.

In response to a request by the Observer Bach states:

"The words 'entered into' are premature in the Motion to Cancel Oral Arguments. The parties had to address the oral arguments scheduled for early December because preparation for the oral arguments takes great effort and time, and the lawyers needed to either spend the time preparing or cancel oral arguments. The oral arguments can be rescheduled, if needed. The City Commission will have to vote on a settlement agreement at a public meeting. On Tuesday this week , I had another phone conference with Plaintiff attorney, Mike Tanner, to discuss more changes to the settlement documents. There is not a final agreement yet, and there is more work for the lawyers to do. Once we reach an agreement, the City Commission will review the agreement at a public meeting.”

There are some in the Fernandina community that suggest that the City administration is delaying consideration of the settlement until after the November election.

Adam Kaufman
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Stephan R. Leimberg

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