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Sarasota News Leader February 8, 2013 Page 49 ter the County Commission votes on the set- • The county vacated a portion of the right of tlement. way along Ocean Boulevard adjacent to The Hub to resolve a pending code enforcement However, Brown's attorney, Morgan Bentley issue. (Brown had been cited for having of Bentley & Bruning in Sarasota, did say of restaurant tables over his boundary line.) DeMarsh's memo, "This looks like a fair summary of the agreement. We are very hopeful • The county affirmed his special music exthat this will be approved by the Commission ception, which allows him to provide live and the parties can put this unfortunate situmusic later into the night than any other ation behind them once and for all." establishment in the Village: from 9 p.m. to 1:30 a.m. seven days a week; the sound level During their Jan. 30 regular meeting, the comcannot exceed 85 decibels as measured at missioners turned down a $315,000 offer from the property boundary. Brown to settle the case. That unanimous vote followed a 90-minute executive session the board held with DeMarsh and Assistant County Attorney David M. Pearce, who has been handling the case. Brown's second lawsuit against the county, filed on Jan. 31, 2011, alleged he once again had been assessed inappropriately for parking expenses. The county settled that suit by An Aug. 16, 2012 memo DeMarsh provided to paying Brown $2,500. the County Commission as part of his Feb. 5 It was about a month after he received that memo noted that Brown's first lawsuit against payment, he said, when he received the 2011 the county was filed in 2007. It involved allega- tax bill with the charges that were the focus tions that a last-minute decision by then-Zon- of the third lawsuit. ing Administrator Tina Crawford to deny Brown a certificate of occupancy for his new The County Commission voted 4-1 on Dec. Hub Baja Grill in Siesta Village caused Brown 4, 2012 to pay off the rest of the cost of the to lose about three months of revenue. The municipal parking lot in Siesta Village, citing case revolved around the number of parking inequity in the way staff had figured the parkspaces for the restaurant relative to its seating ing assessments through the years. (Commissioner Nora Patterson, who lives on Siesta capacity. Key, cast the "No" vote.) A memo to the board That lawsuit eventually was amended in July from county Chief Engineer James K. Harriott 2009. The county settled it in November 2009 Jr., also sent on Dec. 4, said anticipated reveafter mediation. Brown had claimed about nues from assessments for the 2013 fiscal year $180,000 in damages and attorney's fees. were $47,811, "leaving an anticipated debt of The settlement in that case, the memo notes, $286,868" for the lot. comprised the following terms: The county's general fund would absorb the remaining amount, Harriott's memo noted. % • The county paid $35,000 to Brown.