On February 21, 2019, ANV Management LLC, MACAW Holdings IV, LLC, and H. Alan Welles filed suit in federal court against the City of Riviera Beach and Bovell A. Richard, the Assistant Building Official, for money damages and injunctive relief pursuant to 42 U.S.C.§1983, Case No. 0:19-CV-60312-RNS, United States District Court, Southern District of Florida.

On August 19, 2019, the District Court dismissed the constitutional claims against the City.  On August 30, 2019, Plaintiff, ANV Management LLC filed a second amended complaint against the City and Bovell A. Richards alleging that the City and Richards violated ANV’s constitutional rights of due process related to Richards’ inspection for a BTU/COU permit.  

The parties conducted mediation of this matter on October 3, 2019, before a Certified Mediator, and counsel for the City, Risk Management and representatives of Gallagher Bassett concur that settlement according to the attached settlement agreement is in the City’s best interests.  As a condition of settlement, the City is requiring the Plaintiffs to sign a General Release of All Claims.  And, as a condition of settlement, the Plaintiffs are requiring the City and Bovell A. Richards to sign a General Release of All Claims, including a claim for attorney’s fees the City may assert as a result of the Court’s dismissal of the constitutional claims against the City.