City attorney: judge to announce liability in Wilson taking case; council tentatively schedules a closed settlement session

The City of Maitland City Council was briefed on pending litigation in Wilson v. City of Midland, characterized by the city attorney as a physical-taking claim alleging property water intrusion. The liability portion of the trial concluded and the judge planned to issue a ruling shortly after closing arguments; the city attorney said that if liability is found, the next phase would be a damages determination and a settlement or strategy session may be required.

The city attorney explained the procedural requirements under the Sunshine Law for a closed settlement/strategy session (sometimes called a 'shade' meeting): the council must open in public, identify attendees and the limited purpose of the session, go into the closed session with a court reporter whose transcript is sealed until the litigation concludes, and then reopen in public. The attorney named potential participants (city attorneys including Don Roper, relevant outside counsel, the city manager if available and a court reporter) and emphasized strict statutory compliance.

Council members agreed that a shade session would be useful if the judge's ruling requires damages discussion and tentatively scheduled a closed settlement session for Jan. 12, 2026 at 4:30 p.m. prior to the next council meeting; details would be finalized after the court issues its liability ruling.

Quote from the meeting: "This is Wilson versus the City of Midland. It is a physical taking ... the liability portion of it went to trial today. The judge has announced he plans to make a decision right after the closing arguments," the city attorney said.

Provenance: City attorney report and description of shade-session procedures (transcript SEG 1853–1966 and SEG 1967–2050).