County agrees to settlement with Soules over Croegel Homestead open-space access, will install locked fence and manage limited access

Indian River County approved a settlement to address a court judgment that found the county’s Croegel Homestead (Kroegel Homestead Conservation Area) open-space agreement limited public access.

County Attorney summarized the litigation: the county bought the property in 2002 with a pre-existing open-space agreement between private parties; in 2023 the Soules sued to enforce that agreement and the court entered judgment that limited unfettered public access and ordered the parties to confer on a permanent plan to restrict access. The judge retained jurisdiction to consider attorney-fee motions; the Soules had filed a request for fees.

Under the negotiated settlement approved by the Board, the county will install a locked fence west of the open-space area within 90 days, require that any county staff accompanying non-county visitors to the restricted area do so (i.e., limited access with staff escort), and commit to planting and maintaining native plants and grasses already required by the open-space agreement. In exchange the Soules agreed to withdraw their pending motion for attorney's fees and costs.

The county attorney noted the Soules are under contract to sell their adjacent property and that the buyers consented to the settlement terms. Parks staff described the fence as a field-style wire fence with a locked gate; staff said the fence and gate should not obscure waterfront views and the gate will be secured. Commissioners discussed the difficult position the county faced given the court's interpretation and agreed settling and implementing the access restrictions was the prudent path.

Commissioner Joe Ehrmann moved to approve the settlement agreement; Commissioner Adams seconded and the motion passed unanimously. Staff will implement the fencing and attendant measures within the timeline in the agreement.