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Delray Beach, Caron Foundation consider settling lawsuit

By Palm Beach Business.com

DELRAY BEACH — Delray Beach and the Caron Foundation are on the verge of settling the drug rehabilitation center’s lawsuit challenging city ordinances that limit so-called sober houses in residential neighborhoods.

A proposed settlement is on the agenda for Tuesday evening’s Delray Beach City Commission meeting. City Attorney Brian Shutt in a memo to commissioners is recommending approval. According to Shutt’s memo,  the settlement:

— Limits Caron, a Pennsylvania-based drug rehabilitation nonprofit, to operating only two houses in the city.

— Allows Caron to keep secret the addresses of its two houses. Court documents refer to the two houses only as the first and second Ocean Drive properties.

— Requires Caron to pay property taxes to the city but not school taxes. Caron as a nonprofit otherwise would not be required to pay the taxes. 

— Allows Caron to move its second Ocean Drive house one time.

— Limits the number of residents in the second Ocean Drive house to six, and the number in the first Ocean Drive property to eight. Caron also agreed to limit turnover to six per unit annually as required by the city’s old code.

— Limits the number of vehicles in the driveway of either house at four for more than 12 hours consecutively.

— Requires Caron to report turnovers in occupancy at both houses annually report the turnovers in occupancy for both properties on an annual basis.

The actual proposal, drafted as a court order, can be found here.

In February, commissioners put on the books an ordinance an ordinance that limits to three the number of times a house or part of a house in a residential neighborhood may be rented in a year. The ordinance, which came in response to complaints from neighboring homeowners, doesn’t specify sober houses, where residents undergoing drug and alcohol rehab live during their treatment, but that was the primary target.

Commissioners were well aware of that approval of the ordinance almost guaranteed a legal challenge, and Caron didn’t disappoint, filing suits in state and federal courts this spring.

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