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**The most important blog of today**
Under New Business D--Tolling agreement
A tolling agreement is an agreement to waive a right to claim that
litigation should be dismissed due to the expiration of a statute of
limitations. Its purpose is typically to allow a party additional time
to assess and determine the legitimacy and viability of their claims
and/or the amount of their damages without the necessity of filing an
action. During this period, the parties waive any defense by way of any
statute of limitations which would otherwise arise during such period.
Well, why in the hell not. This has been dragging on since 2005. FLUEDRA is used as a stall tactic to the benefit of the property owners with the municipality picking up the tab. Usually it is used to intimate a city to cave into unreasonable demands by owners who want their way or else threaten a law suit. Public records will show that four years ago, the city went into a FLUEDRA process, hired a special magistrate because of a threat of a lawsuit by the owners under Bert J. Harris. FLUEDRA has a statute of limitations of 4 years which is up next month on Sunset. FLUEDRA requires the special magistrate to wear two hats:
first, as a mediator, and second, as an administrative law judge issuing
a recommended order, albeit one that is not binding on the local
government.
What the city says:
Tolling Agreement between the City of Lake Worth and Sunset Drive Holdings,
LLC
In September, 2009, as a result of various land use
approvals and subsequent
recessions of those approvals--
Sunset Drive Holdings, LLC (Sunset) initiated a Request
for Relief under Florida Statues Sec. 70.51,
The initiation of the Request for Relief under this
statute results in a mediation procedure which involves the City, Sunset and
interested parties who are various residents who have been participants in the
process. Recently, there have been some productive discussions and compromises
as a result of the mediation, however, there is more work to be done before
we can all agree to a solution. to bring before the Commission for approval.
If an agreement ultimately cannot be reached, the statute
provides that a hearing before the mediation/special magistrate would take
place. The mediator would then make recommendations which would be taken to the
commission for approval or denial. Although the statutes imply that the time to
file a lawsuit is tolled during the mediation process, it is not completely
clear and there is no case law to support the position.
Therefore, in order to avoid the expense to both the
property owner to file a lawsuit, and the expense to the City to begin to
answer and defend that lawsuit, I am recommending that the City approve the attached
tolling agreement.
BACKGROUND AND JUSTIFICATION:
This agreement simply provides Sunset with the assurance
that in the event that the mediation or
recommendation of the mediator are not acceptable to the
City or Sunset, then Sunset will not lose
their right to file any appropriate litigation at the end
of this process. The agreement does however limit the tolled period to sixty
(60) days
after the City takes an action on either an agreement reached by the
parties, or the recommendation of the mediator.
**The facts of the matter:
Unfortunately, the city and the owner can continue to stall. No action has to be taken UNTIL THE CITY TAKES AN ACTION. In the meantime, legal bills keep mounting. FLUEDRA does not permit the special magistrate to make a
formal recommendation to the governing body without first issuing
findings
against the local government. The special magistrate is,
therefore, encouraged to find against the local government. Although the
findings are not binding, they may embolden a property owner to
continue to pursue a weak claim. Thus, rather than resolving matters,
this aspect of FLUEDRA instead prolongs disputes and encourages
unproductive litigation.
You know what Save Our Neighborhood,
Inc. recommends
.
