TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
FROM: Jennifer W. Shuler, County Attorney
DATE: August 4, 2025
SUBJECT: Michael and Jeannie Sole v. IRC Settlement Agreement
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BACKGROUND
In 2002, Indian River County acquired the Kroegel Homestead Conservation Area, a 2.6 acre piece of property located at 11296 Indian River Drive ("Property"). The Property is subject to a preexisting Open Space Agreement, which was entered into by the prior Kroegel owner and the residential property to the south - which is now owned by Michael and Jeannie Sole. In 2023, the Soles filed a lawsuit against IRC in order to enforce the Open Space Agreement. As a result, on April 8, 2025, Judge Cynthia Cox entered an Amended Final Summary Judgment in Favor of Plaintiffs ("Judgment"), which granted the Soles injunctive relief that enjoins the County from permitting "unlimited and unfettered access by the public to the Open Space Area." The judgment directs the County and the Soles to confer and develop a permanent plan to restrict public access to the Open Space Area and the judgment also reserves jurisdiction to consider any motions filed by Plaintiffs for costs and attorney's fees. After the judgment was entered, the Soles filed a Motion for Attorney's Fees and Costs seeking $62,597.93 as the prevailing party. That motion is still pending and the Judge has set a hearing on Plaintiffs entitlement to these fees for September 3, 2025. In the meantime, the County, through staff, has engaged in negotiations with the Soles through their attorney to address the Court's requirement that the parties confer on how to restrict public access to the Open Space Area and also in an attempt to resolve the issue of prevailing party fees. The attached proposed settlement agreement is a result of these negotiations. Under this agreement, the County agrees: 1) to install a locked fence west of the Open Space Area within 90 days; 2) to have County staff escort non-County visitors while in the Open Space Area; and 3) to plant and maintain native plants and grasses in the Open Space Area as required by the Open Space Agreement. In exchange for this, the Soles agree to withdraw their Motion for Attorneys Fees and Costs. The settlement agreement leaves open the option for the parties to agree in the future to an alternate method to limit public access to the Open Space Area. Since the negotiations, the County has learned that the Soles have listed the Property for sale and it is under contract. The Soles attorney has presented the County the attached letter from the purported Buyers showing support for the terms of the settlement agreement.
BUDGETARY IMPACT
The estimate to install the fence west of the Open Space Area is approximately $2,500. Funding for this expense will be provided from the General Fund/Conservation Lands/Other Contractual Services, account number 00121572-033490. Staff does not anticipate any further attorney's fees in this litigation if the settlement agreement is approved.
STAFF RECOMMENDATION
Recommended Action
The County Attorney's Office recommends that the Board consider approval of the attached Settlement and Release Agreement.