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Melbourne Beach approves settlement with FANU LLC to resolve shed disputes and related lawsuit
Summary
The commission authorized a settlement with FANU LLC that includes a 60-day abatement of the shed appeal, a stipulated magistrate order finding the shed in compliance, a $6,000 payment to the town to cover attorney fees and dismissal of both cases with prejudice.
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The Melbourne Beach Town Commission approved an agreement to resolve two legal matters involving FANU LLC: a shed-related code-enforcement appeal and a breach-of-settlement case.
Town attorney Ryan Knight told commissioners the settlement would pause the appeal for 60 days while the parties ask the town's special magistrate to enter a stipulated order finding the shed in compliance. Knight said the order would be recorded in the public records and that, under the agreement, the new LLC would make a $6,000 payment to the town "which would represent my attorney's fees for the breach of settlement case." Once the magistrate signs the stipulated order and the payment is made, the shed appeal would be withdrawn and the breach-of-settlement case dismissed with prejudice, Knight said.
Commissioner Anna Butler moved to approve proceeding with the agreement to resolve the shed appeal (circuit court case number 2022 AP025737) and breach-of-settlement case (circuit court case number 2025CA019574). The motion was seconded, taken to a vote and passed 3-0. Commissioners asked follow-up questions about the timing of payment, whether the $6,000 represented a cap on fees and the magistrate's usual practice; Knight said the fee reflected the parties' agreement and that stipulated orders are typically signed promptly by the magistrate. The commission authorized the town attorney to proceed with the settlement steps described to the commission.

