Brevard County VAB reports dismissal of 2024 petitioner lawsuit; board declines to pursue attorney-fee sanctions

County counsel told the Brevard County Value Adjustment Board that a petitioner who appealed a 2024 VAB denial filed suit against the VAB and that the board's motion to dismiss was granted with prejudice.

Counsel said the dismissal means the VAB cannot be named again in that lawsuit and that the statutory period for rehearing and appeal will expire in a few weeks unless the petitioner files further appeals. Counsel described the suit as “completely frivolous” and said he had filed a motion for sanctions to recover the VAB's legal fees, which he estimated at about $1,500 to date. He told the board that seeking a judgment for fees could cost “another thousand or two,” and that collection from the named petitioner, whom counsel identified as “Miss Velasquez,” appeared uncertain.

Board members discussed whether pursuing sanctions would deter future suits. Counsel said this was the first such lawsuit he had encountered in his roughly 10 years in the office and that in other counties taxpayers typically withdraw improper lawsuits once counsel explains the appropriate appellate procedure. After discussion, the board decided not to pursue the sanctions motion and took no further action.

Counsel characterized the lawsuit dismissal as final once the rehearing/appeal period expires and said the VAB would not be a party going forward. The board’s decision not to pursue attorney fees reflected a calculation that further litigation costs might exceed recoverable amounts and that the VAB should preserve resources for other work.