TO: Honorable Mayor & Members of the North Port Commission
FROM: Jonathan R. Lewis, ICMA-CM, City Manager
TITLE: Request Attorney-Client Session In Re: City of North Port v. Crystal Neuman, et. al. Case No. 2015 CA 001167 NC in the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida
Recommended Action
Request Attorney-Client Session In Re: City of North Port v. Crystal Neuman, et. al. Case No. 2015 CA 001167 NC in the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida
Background Information
Attorney Kevin Russell representing the defendants Crystal Neuman et. al. has provided an offer to settle Case No. 2015 CA 001167 NC, City of North Port v. Crystal Neuman et al. A copy of Mr. Russell's letter is included in the back-up documents.
Case No. 2015 CA 001167 NC is one of two actions by and between the City of North Port and the Neumans.
Case No. 2015 CA 001167 NC was authorized by the City Commission on February 23, 2015. The Commission authorized an injunction 1) to enforce the city code; the Neumans were operating a business without possessing a business tax receipt, and 2) to enforce a Code Enforcement Order in case # 15-391 to cease operation of kenneling puppies on residential property for commercial gain. A copy of the Code Enforcement Order is included in the back-up documents. The City Attorney's Office is handling this matter in-house. The Circuit Court issued a partial injunction. A copy of the Order issuing a partial injunction is attached. The court enjoined selling dogs from the property. The City appealed the decision. The matter was pending appeal from January 15, 2016 until August 17, 2016. The Appellate Court affirmed the Circuit Court's ruling. Since the ruling, a second Motion for Summary Judgment with supporting affidavits is in process of being drafted, researched and filed.
The second action was filed by the Neumans (Case No. 2016 CA 000427 NC). They filed an app...
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