Council authorizes $311,000 offer in judgment in PG Mine road-rights dispute

The Bonita Springs City Council voted to authorize staff to file an offer in judgment of $311,000, exclusive of fees and costs, in the city’s condemnation dispute over a road right-of-way tied to PG Mine Acquisitions.

City Attorney (unnamed) told the council mediation had left the parties “pretty far apart on the appraisal and business damages,” and recommended the offer as a measure to limit the city’s exposure on fees. The city attorney said the funds related to the case come from amounts paid by BG Mine and “nothing’s coming directly from the city.”

The motion to authorize the offer was put to a roll call vote. Deputy Mayor Purdon, Council member Carr, Mayor Gibson, Council member Quarry, Council member Follett, Council member Fitzpatrick and Member Bogaz voted aye. The motion carried.

Nut graf: The offer-in-judgment procedure allows the city to propose a settlement amount before trial; if the city makes such an offer and the jury awards a lesser amount, statutory rules can limit the city’s additional liability for certain fees and costs. The council’s action does not itself settle the underlying claim; it merely authorizes sending the offered amount as a procedural step in litigation.

City Attorney (unnamed) said the authorization is intended to “limit the city’s exposure on fees” and confirmed the payment would be drawn from funds paid by BG Mine. No dollar amounts for fees or costs were specified in the meeting.

Ending: The council did not set further deadlines for the litigation during the meeting. The city attorney said outside counsel participated in mediation; no settlement agreement was announced.