A jury has determined Indian River County owes a property owner $2 million in a land dispute case that has dragged on for more than a decade – and may not be over yet.
On Sept. 26 an Indian River County jury awarded Ocean Concrete owner George Maib $2 million in damages from the county stemming from his claim he was wrongly barred from constructing a concrete plant on his property near Sebastian.
Maib, who has been embroiled in litigation with the county since 2007, claimed the County Commission essentially confiscated his property by changing its zoning codes after nearby residents voiced concerns about the proposed concrete plant.
The courts originally sided with the county, ruling the jurisdiction did not violate Maib’s due-process rights or the state’s 1995 Harris Act, which requires property owners to be compensated when a government action affects their property value. Last year, however, the Fourth District Court of Appeal ruled the county violated the Harris Act, bumping the case back to Circuit Court to determine damages.
“I’m happy for my client that the verdict was in his favor,” Maib’s lawyer Geoffrey Smith said. “I’m not sure that there’s any compensation that can truly put him back where he was at the start of this case.”
The county plans to challenge the jury’s decision, County Attorney Dylan Reingold said.
“We are working on the appeal,” Reingold said.
Maib planned to build a 143,000-square-foot concrete plant on roughly 8.5 acres at 11085 Old Dixie Highway near Sebastian. The property, which Maib bought in 2004, was zoned for light-industrial use, which allowed for concrete plants. Based on favorable preliminary discussions with county planners, Maib made substantial investments in engineering and site planning.
Then, in 2007, reacting to public pressure, the county commission changed the zoning code so that concrete plants were no longer permitted in light-industrial zones.
Maib estimates his loss for the property and a completed concrete facility at $10 million, according to court documents. The county, however, says the property was appraised at around $1 million and the zoning change reduced its value by roughly 3.5 percent, court records show.
