A vote is requested to accept, reject, or counter a settlement offer received from the Plaintiffs in Case No. 2025CA001296: Prado and Prado v. City of Fort Pierce, et al.

On May 19, 2025, the City Commission denied a Master Planned Development application from Franco Prado. Instead of filing for Certiorari Review by the Circuit Court, the Plaintiffs filed a Complaint for Declaratory Judgment. The City filed a Motion to Dismiss the Complaint. The Court dismissed the Complaint without prejudice and gave the Plaintiffs thirty (30) days to file an Amended Complaint. As of the creation of this agenda item, an Amended Complaint has not been filed by the Plaintiffs. 

Instead, a settlement offer was received from the Plaintiffs proposing that instead of amending the Complaint, the Plaintiffs will dismiss the Complaint, with Prejudice, provided the City waives the application fees for them to reapply for the zoning map amendment. The letter received is attached to the agenda item.

Section 125-135 of the Code of Ordinances allows a reapplication for an amendment to the text of the zoning ordinance or zoning atlas after six (6) months following a previous denial of a substantially similar request. 

 

Staff will proceed as directed.

The City Commission could:

1. Accept the offer, 
2. Reject the offer, or
3. Propose a counteroffer.

Sara Hedges, City Attorney

Richard Chess, City Manager
Kevin Freeman, Planning Director