Captain’s BBQ and its landlord, Flagler County government, have reached a “tentative settlement” in Captain’s breach-of-contract lawsuit against the county, now entering its fifth year. The settlement was reached at an Oct. 27 mediation. But it’s not over.
The settlement is “subject to preparation and finalization of settlement documents, and consideration and approval of the settlement by the” County Commission, the notice of settlement, filed with the court at nearly 11 p.m. Monday, states. The notice is also a stay, stopping the clock in the court proceedings.
The two sides have been in litigation since June 2019, when Captain’s filed the breach-of-contract lawsuit. The restaurant alleged that the county had reneged on a lease amendment the County Commission had approved in a 3-2 vote, only for the commission to later set the decision aside, but not officially rescind it. Captain’s and the county had previously agreed to let Captain’s build a much larger, 5,000 square foot restaurant in the center of Bings Landing, the county park, at its own expense. The county administration had itself argued that the existing building was no longer safe. Public opposition was fierce and stopped the plans. Captain’s sued. The building has remained in place, so has the business, neither of them collapsing.
The County Commission’s attorneys have scheduled a closed-door session with the commission at 1 p.m. Monday to discuss, but not approve, the latest settlement. Should commissioners decide to approve it, they will do so in open session, and the terms of the settlement will be made public.
“The parties wish to continue with settlement finalization efforts, without incurring the continued expense and time expenditure associated with active litigation,” the motion to stay states. The county had spent $153,153 on the Captain’s BBQ litigation as of early July. The bill has grown since.
The attorneys and the parties involved in mediation are not permitted to discuss, and in fact are prohibited by court rule, to discuss what happened at the mediation. That explains why Mike Goodman, the co-owner of Captain’s BBQ, said he had no comment today when contacted, as did County Attorney Al Hadeed, who stressed the prohibition on breaking the mediation room’s seal.
The statements and discussions in mediation are also privileged in the sense that, should the settlement ultimately fail, nothing said in mediation is admissible in court, at trial.
The county and Captain’s BBQ have been here before. There was a proposed settlement in July 2020. The County Commission unanimously rejected it, finding it much too generous to Captain’s–and even more so than the 2018 lease amendment that fueled the controversy over the restaurant and the eventual lawsuit. (See: “County Decisively Rejects Settlement With Captain’s BBQ, Refusing Special Favors and Low Rent.”)
Trial–what would be a complex civil trial lasting weeks and costing tens of thousands of dollars–was set for early next year.
Circuit Judge Chris France ordered mediation on June 29. County Administrator Heidi Petito and Hadeed attended on the county’s behalf, with Petito leading the negotiations for the county. Captain’s filed an objection before mediation, arguing that the county’s negotiators are required by France’s order to have “absolute authority to enter into a full and complete compromise and settlement.” But Petito has no such authority, since the agreement must ultimately be approved by the commission.
Still, Captain’s motion suggests that Petito may have had more authority than in previous settlement negotiations. France’s order was also perhaps a reflection of the judge’s impatience with the two sides as he was pushing them toward a settlement.
Erod says
The county deemed the building UNSAFE more than 5 years ago, WHY WAS THIS BUILDING ALLOWED TO REMAIN OPEN TO THE PUBLIC ?
I live in the area, I haven’t seen any repairs to make the building safe, I see workers, customers and children going in and out of that place.
Why was the county allowing a business to remain open to the public for so long after it was declared UNSAFE ?
I think the counties engineer has some explaining to do.
Greg says
I hope they get the new restaurant and the county pays all their legal bills. Looks like the rich from Hammock, finally lost. Good news I hope for Bings.
CELIA PUGLIESE says
A very costly to all county and its cities taxpayers the original error approval unilateral from county administrator, attorney and FCBOCC without the affected public/residents input!
The dude says
It’s kind of disheartening to watch one’s taxes absolutely blow through the roof, as our city council, county school board, county government, and state government burn millions and millions on lawsuits related to their shady dealings.
All in service to MAGA and laid upon the alter of the tiny handed mango mussolini.
Maybe all you MAGA birds should be sending your Social Security checks directly to the city, county, and state governments, instead of to MAGA lawyers?
Buy local is a good thing.
Tired says
It certainly is disheartening. Erod says in the first comment that the building has been allowed to be occupied even though the county deemed it unsafe. That’s incorrect. First, the county engineer was not involved in the ploy to get the new building built. This was handled erroneously by our now county administrator, her right hand man who is now the general services director, and the previous chief building inspector. If the building was ever unsafe, it would have been at the fault of the general services director. Instead of this working out how they schemed originally, they all got promoted. Maybe someday hard work will be recognized and rewarded with respect, for now in Flagler County that all comes at the bar depending on who your drinking buddies are!
JT says
This isn’t about who won, who lost. It was about HOW it was done!
‘Let’s make a deal in a vacuum / or, ‘it’s my opinion’ County personnel who omit stakeholders/residents inevitably drive unnecessary expense to taxpayers. And, it’s still being done today.
Follow a universally accepted process to cover all bases. Very frustrating to pay tax revenue for things like this….my goodness, come on team.
Laurel says
Greg: Absurd thinking!
BTW, the Hammock has all kinds of people, rich and poor, whether you like it or not. A lot of ordinary people protested the expansion, which you clearly do not understand. You just sound jealous.
Laurel says
Yes, and cocktail napkin plans.
Laurel says
Too bad the county just doesn’t kick them out. We don’t go there anymore, and haven’t in ages. Why support people who are suing us taxpayers, and the county who gave them the sweetest deal any business had ever had? We’re the ones footing the bill, while Captain’s pulls in the money.
By the way, in our opinions, it ain’t that good anyway. We go over the bridge for BBQ.
Skibum says
The county has wasted so much taxpayer money trying to defend against their idiotic actions in this lawsuit, so much money in fact that they could have built Captain’s BBQ a brand new building and probably still come out ahead. If the commissioners don’t somehow get it together to approve this latest settlement that was reached through mediation and put this behind them, they all should be run out of the county on their donkeys.
Steve says
The never ending Soap Opera Drama of the BBQ at Bings. Like smoke in the Wind so goes the Days of FPCs lives.