Editor’s note: This story was updated Jan. 5 at 9:30 a.m. Holland and Knight’s Oct. 23 invoice only covered work done through Sept. 30.  Information about the Shore’s legal costs for the last three months of 2014 has not yet been made available by the Shores Town Clerk.  

MARK SCHUMANN

From an initial appropriation of $10,000 in late April, the Town of Indian River Shores legal bills for pursuing action against the City of Vero Beach have steadily mounted and now stands at $182,465  through Sept. 30. (As of Jan 2, the most recent invoice from Holland and Knight the Shores Town Clerk was prepared to share with Inside Indian River was dated Oct. 23, and only covered work done through Sept. 30.)

Copies of invoices from attorney Bruce May and the law firm of Holland and Knight were provided to Inside Indian River in response to a public records request. Holland and Knight’s invoices for November and December, months during which several mediation sessions were held, were not yet available.

In late April, the Shores Town Council approved $10,000 and authorized Town Manager Robbie Stabe to hire an attorney specializing in utility law.  Given that the date of Holland and Knight’s first invoice to the Shores was April 29, 2013, it appears a decision had already been made to hire Bruce May of Holland and Knight.

In July, during the same week when the Indian River County Commission filed a petition with the Florida Public Service Commission, the Shores filed a lawsuit in circuit court. The County and the Shores are both seeking to force Vero Beach to abandon its out-of-city electric customers and utility infrastructure when franchise agreements expire in 2016 and 2017.

Vero Beach officials contend the franchise agreements are subordinate to PSC approved service territory agreements and assignments. Every electric utility in Florida, include Florida Power & Light, has lined up to oppose the County’s claimed right to take over from Vero Beach electric utility services provided in the unincorporated areas of the county.

As the mediation session held between the Shores and Vero Beach, Shores officials agreed to put their lawsuit against Vero Beach in abeyance through March 2. Later that week, Vero Beach filed its own petition with the PSC seeking clarification to its right to continue service to the unincorporated areas of the County when the franchise agreement between the City and the County expires in 2017.

The PSC is expected to respond to the City at its March 3 meeting in Tallahassee. Every electric utility in Florida, including Florida Power & Light, has lined up against the County and opposes the County’s assertion that franchise agreements are superior to PSC service territory assignments.

Invoices from attorney Bruce May and the law firm of Holland and Knight to the Town of Indian River Shores:

April 29 – retainer of $5,000.00

June 16 – $4,689.63

August 1 – $22,907.50

August 8 – $30,055.54

August 14 – $56,201.38

September 9 – $41,426.02

October 23 – $22,185.51