Commissioners agree to $2 million settlement in eminent domain case
“Lee County commissioners agreed to pay a $2.1 million settlement in an eminent domain case involving the developer of housing near Florida Gulf Coast University.
Commissioners John Manning, Tammy Hall and Ray Judah agreed Tuesday to pay the settlement with reserves. Commissioners Brian Bigelow and Frank Mann weren’t in attendance.
The payment will come from gas tax reserves and the transportation capital improvement reserves, Assistant County Manager Pete Winton said.
The suit originated in late 2005 when Estero Parkway was being constructed and the county sent a petition for eminent domain. The county acquired the nearly 3.4 acre property, intended for student housing, from Colico LLC in 2006 in conjunction with the public project of constructing the parkway.
The county was unable to settle the case through negotiations and court ordered mediation, and went to jury trial in March. The jury sided with Colico. When the county tried to appeal the case, Colico offered a settlement, which the county accepted realizing fighting it would have cost more.
Since the trial ended, the plans to build housing for FGCU students will move ahead as intended, according to a March press release from a Colico attorney.”
Bhasin, Sabrina. Naples News 5 September 2012.