City attorney reports settlement framework with Memorial Healthcare; commission approves Ackerman waiver for Board of Adjustment representation

The city attorney told the City Commission on Jan. 15 that negotiations with Memorial Healthcare System had produced a framework to resolve and dismiss pending litigation between Memorial and the city and that staff expect to present two settlement documents for commission consideration by the first meeting in February.

According to the city attorney, the settlements would resolve multiple matters — including litigation brought to circuit and appellate courts and a Chapter 163 land‑use challenge — and result in mutual releases that would allow both parties to "shake hands and walk away" while preserving ordinary land‑use processes for future approvals. The city attorney said the HCA site plan and MXD zoning modifications would remain legally effective following the settlements and that no codes or comprehensive plan approvals would be waived.

Separately, commissioners unanimously authorized a record motion permitting the Ackerman law firm to represent a client in a Board of Adjustment matter where the firm's existing retainer relationship with the city did not create an adverse conflict. The city attorney explained that the commission may authorize such waivers and commissioners voted to place that authorization on the record.

Next steps: The city attorney said briefs in a related Hollywood case are due at the end of the month and that the city will share drafts with commissioners. The two settlement documents with Memorial were expected to be brought back at the first February meeting for formal action.