Tampa Palms tax board makes offer

The taxing authority says it will pay Bob Doran's legal costs and not appeal, if he makes one concession. If that doesn't work, a courtroom is next.

By MELANIE AVE

© St. Petersburg Times, published October 15, 2000

TAMPA PALMS -- The two sides in the yearlong open meetings lawsuit between the Tampa Palms Community Development District and former supervisor Bob Doran moved closer to settling the issue last week.

But if a resolution cannot be reached, Hillsborough Circuit Judge Manuel Menendez has scheduled a hearing for a final judgment in the case for 2:15 p.m. Nov. 13. A final ruling and decision on attorneys' fees are pending.

Menendez's two initial rulings on the matter have favored Doran.

The CDD supervisors have grappled over how to resolve the lawsuit filed by Doran, who alleged the board held four private meetings between 1996 and 1999 without a recorder or proper public notice.

Supervisors have called this a "nuisance" lawsuit. They have worried for months about using taxpayer assessments to pay mounting attorney fees.

But Doran's attorney, Jonathan Kaney III, offered to accept only straight time and costs amounting to $40,000 if the CDD would agree not to appeal. Kaney is legally allowed to seek up to 21/2 times his fees, meaning the authority could be billed for more than $100,000 for Doran's legal costs.

The CDD's legal firm, Carlton Fields, has incurred about $56,000 in costs, but has agreed to cut the fees in half.

On Wednesday, the taxing authority said it would pay Doran's legal costs and not appeal, with one caveat: It wants Doran to concede that the board fixed its alleged wrongdoings by discussing the private matters publicly last November.

Supervisors said they fear that without the concession from Doran, he will continue to sue the board over unresolved issues discussed during the closed meetings.

Meanwhile, supervisor Mark Hensleigh said he believes the law firms that advised the CDD to meet in private should have to pay for their "bad advice."

Chairman Mark Fitzpatrick noted that the CDD's existing law firm participated in only two of the meetings and asked Hensleigh if he wanted to sue the legal firms.

"What are we going to do?" Hensleigh replied. "Roll over and play dead."

- Melanie Ave can be reached at (813) 226-3473 or melanie@sptimes.com.

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