The Martin County Commission, expected to discuss publicly Tuesday whether to "forgive" attorney Richard Grosso and clients the sanctions and court fees they owe Martin County taxpayers for filing a frivolous appeal, instead disappeared into a closed session at midday.
When commissioners emerged, not one of them referenced the meeting or discussed the decision made.
A decision was expected. Early in the day, Henry Copeland, a previously unsuccessful candidate for County Commission and regular commission commentor, urged the panel to waive the fees. "The Conservation Alliance and 1000 Friends of Florida (Grosso's clients) epitomize what we stand for," he said.
The case under discussion was originally filed in 2009 by environmental attorney Grosso for the Alliance and 1000 Friends against Martin County, the now-defunct Florida Department of Community Affairs and two private companies. The plaintiffs lost, appealed when the court advised them not to -- only to have the 1st District Court of Appeal throw the case out and level "frivolous lawsuit" sanctions.
It wasn't a landmark case, but it was close, striking a knockout blow to all who would raise "meritless appellate arguments on the chance they will 'stick.'"
On Tuesday, one Martin commissioner, Doug Smith, recused himself from the backroom session. Smith is immediate past president of the Florida Association of Counties.
"I feel the court rendered an aggressive decision," Smith explained after the meeting. "It makes me a little nervous to defy such a strong order from an administrative law judge."
In a telephone interview with Sunshine State News, Smith said, although he wasn't in the meeting, he expects the county attorney has been advised to write up an agenda item for next Tuesday's meeting. "We'll probably know the outcome of today's session then," he said.
The four commissioners who met in special session Tuesday are the people who were suing the County Commission in 2009.
They were members either of the Martin County Conservation Alliance or 1000 Friends of Florida. They are also the same commissioners who approved amendments to the county's Comprehensive Land Use Plan, challenged by a state agency, a state Cabinet office and three property owners.
Reach Nancy Smith at nsmith@sunshinestatenews.com or at 228-282-2423.
