County attorney to seek party status after court order in Moonline right-of-way case; commissioners approve involvement

Okeechobee County’s attorney advised commissioners on a pending private boundary/right-of-way dispute (the “Moonline” case) in which a circuit court issued an order on a motion for summary judgment that the attorney described as “problematic” and likely to affect county rights in similar matters.

County counsel recounted prior steps: the county earlier accepted a special warranty deed for a right-of-way and staff filed a resolution affirming that deed. Defendants in the private case requested judicial notice of the recorded deed; the county joined that request. A recent court order stated there was “undisputed evidence” that a south 20-foot strip of the plaintiff’s land is private property and not conveyed to or maintained by the county. County counsel said the county disagrees and is concerned about broader implications for other special warranty deeds recorded by the county.

After conferring with defense attorneys, staff recommended seeking court reconsideration of the partial-summary-judgment order and requesting the court add the county as a party so the county can submit supplemental evidence and argument to preserve the county’s right of way interest. Commissioners unanimously authorized the county attorney to pursue adding the county as a party and to file necessary motions to contest the order.

Ending: County attorneys will file pleadings to seek intervention and to join or supplement the motion for reconsideration and will report back to the board on next steps and schedule.