Recovering “Stigma” Damages in Mold-related Construction Defect Cases: Making the Property Owner Whole

The Florida Bar Journal, June, 2005

Mold-related lawsuits arising from construction defects are proliferating. Perhaps it is a byproduct of creative lawyers seeking recovery for clients in a field of progressive science; or perhaps more likely, the proliferation of these suits relates directly to Florida’s weather patterns over the last decade.

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$5.6 Million Ends Leak Saga

Orlando Sentinel, February 3, 2005

Seminole County officials are about to be reimbursed $5.6 million for repairs to its Sheriff's Office and Public Safety Building. The three-story building in south Sanford experienced leaks from the time it opened in 1998, and the leaks fueled the growth of mold.

The mediated settlement stems from a 2000 suit filed against the construction company, architect and construction manager. Those defendants entered into a confidential agreement that spells out the amount each will contribute to the settlement.

The county spent a little more than $5 million correcting the problems and removing mold from the building. Other expenses, including attorney fees, ran the cost to $6.4 million. The county decided to accept the settlement rather than risk the outcome of a court battle.

Deal Ends Boardwalk Impasse

Daytona Beach News-Journal, October 30, 2004

Plans to replace aging oceanfront Boardwalk amusements with an upscale hotel are expected to move ahead with the resolution Friday of a legal obstacle. A marathon 15-hour, court-ordered mediation that ended about 1:30 a.m. Friday resolved a lawsuit filed by the city on behalf of a developer trying to force two business owners to sell their property and make way for the project. The City Commission approved the Boardwalk redevelopment in May as the next step in a grand vision to transform the oceanfront tourist area from a dependence on special events such as Bike Week and Spring Break to year-round convention and conference business. Boardwalk redevelopment builds on such recent projects as Ocean Walk, expansion of the Adam's Mark Resort and the planned expansion of the Ocean Center. An $8.7 million project has also started to improve the Atlantic Avenue streetscape in the core tourist area and the city has begun demolishing buildings south of Main Street to develop a new oceanfront park. The Adventure Landing water-amusement park is also expected to reopen in February and plans have been proposed to improve the Main Street Pier.

Land Qualifies as Tree Farm: Judge Rules Parcel Near I-Drive Can Claim Tax Break

Orlando Sentinel, July 8, 2004

A large piece of land near the busy International Drive tourism and convention corridor qualifies for a hefty tax break as a tree farm, even if it's eventually destined for development, a state Circuit Court judge has ruled. The 1,166 acres, purchased from Universal Orlando last year by a Georgia developer, was probably planted with seedlings only to qualify for an agricultural exemption, Judge Jay Cohen noted in his ruling, released late Tuesday. But that doesn't change the fact, he said, that the land is now used primarily for "bona fide agricultural purposes."

Thomas Enterprises, which agreed to assume any tax liabilities when it bought the property from Universal, would have a $1.8 million annual property tax bill without the exemption, compared with a $390,000 tax bill with the agricultural designation. The ruling is a blow for Orange County Property Appraiser Bill Donegan, who has yanked the agricultural exemptions of several I-Drive properties on which tourism-related companies had planted seedlings while waiting for economic conditions to improve.

Final Judgment: William Donegan vs. Universal City Property Management Case No. 03-CA-1297 Div. 37

"In addition, UCPM's expert witness, Phil Wood, presented a number of well-known, high market value developments in Orange County containing lands classified as agricultural by the Property Appraiser. With respect to these other properties, the Property Appraiser has divided individual parcels to carve out the development activities from agricultural uses."