Palmetto Bay officials have surrendered and did not contest
judgment against the village in the case of FAIRCHILD BAY SUBDIVISION LLC VS
VILLAGE OF PALMETTO BAY, 2023-016828-CA-01. CLICK HERE to view the Order
entered on December 5, 2024.
I expected a Fairchild victory. The Order notes that “…in
light of the recently entered opinion by this Court’s appellate division,
quashing the Village’s rezoning denial at issue in this case. The Court has
reviewed the Motions at a virtual hearing held on December 3, 2024…” but what
is surprising is that “… the entry of this Final Judgment is unopposed.” (emphasis added)
When did Village Officials make the
decision to accept judgment against the Village? No one knows. We will all
have to wait until any shade session transcripts are released before the
public finds out.
Village Officials have not released statements about this
profound development.
Details are important. This judgment requires Palmetto Bay to take the following action:
PALMETTO BAY will adopt an Ordinance, approving the proposed
rezoning of the Property from Agricultural (“AG”) to Estate Modified (“EM”).
PALMETTO BAY is directed, in accordance with applicable law,
to properly advertise a rezoning and bring before the Village Council for final
decision in the matter of rezoning the Property from Agricultural (“AG”) to Estate
Modified (“EM”) by February, 2025.
PALMETTO BAY shall effect the rezoning of the Property from
Agricultural (“AG”) to Estate Modified (“EM”).
HOWEVER, and one slight good point for village taxpayers, each
side shall each bear their own attorneys’ fees and costs. (Taxpayers will
"only" be responsible for the attorneys fees and costs paid to the
list of lawyers who represented Palmetto Bay).
We will also now wait for the February zoning hearing to hear
about the details.
THE BACKSTORY - PRIOR RELATED POSTS:
See November 19, 2024, Now armed with a strong appellate decision in their favor, is the stage set for victory by Fairchild Subdivision applicant against Palmetto Bay?
September 11, 2024. Fully unfavorable decision rendered against the Village of Palmetto Bay by the court in FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY, 2023-000033-AP-01