Government taking of private property for public projects. The taking of resident’s homestead property through eminent domain: two lawsuits involving the Village of Palmetto Bay that you should be concerned about. But will the takings end there?

Were you kept in the loop? So far two residents are at risk of having all or part of their residential property taken for the Old Cutler Road Improvements. We obviously want the project to be done right, if done at all, but what will the impact be for the homeowners facing the tacking as well as their neighbors and other surrounding properties? So far, petitions for the taking of all or parts of these two properties have been been filed in Court. But it may not end there as the mayor and at least one member of the Palmetto Bay Council have discussed taking private property for ‘pocket parks’ here in Palmetto Bay.

First, the two cases that have been filed to date:

Miami-Dade v F Muller.01.ED Petition.2022-008022-CA-01

Petition for Eminent Domain filed May 2, 2022. Property located at 15190 Old Cutler Road. The petition alleges that the designated property is needed for improvements to the intersections of Old Cutler Road, with SW 152 Street and SW 184th Street in Palmetto Bay.

Miami-Dade v R Ryder.01.ED Petition.2022-005523-CA-01

Petition for Eminent Domain filed March 24, 2022. Property located at 7720 SW 183 Terrace. The petition alleges that the designated property is needed for improvements to the intersections of Old Cutler Road, with SW 152 Street and SW 184th Street in Palmetto Bay.

The Ryders have hired legal counsel to fight: the law of Weiss Serota Helfman Cole & Bierman, P.L. Their Answer and Affirmative Defenses was filed on May 2, 2022, contesting the taking, or at least the valuation of the taking in this case. 

Who is taking the property, Miami-Dade County or Palmetto Bay? The taking of private property was not disclosed at the Virtual Public Meeting held August 4, 2020. This has always been a joint project; a collaboration between the Village of Palmetto Bay and Miami-Dade County, but as a county road, the improvements on Old Cutler Road will be coordinated and funded by Miami-Dade County. A presentation was provided by Marlin Engineering, Inc. concerning the project during the meeting held on August 4, 2020 by Miami-Dade County and Palmetto Bay. You may view or download the presentation by CLICKING HERE.

This is another Joint project, much like the SW 136 St MEGA sidewalk project. The official Village communications have always acknowledged that Palmetto Bay is collaborating with Miami-Dade County on the Old Cutler Road Intersection Improvements project, which involves the construction of four traffic circles along Old Cutler Road and SW 136th Street, SW 67th Avenue, SW 152nd Street, and SW 184th Street. The village e-news reported on April 12, 2022, that the project is currently in the design phase and construction is anticipated to start in late Summer.

I have background institutional knowledge on this project as I was involved in the traffic plans when serving as mayor, but the taking of property through eminent domain was never discussed or even contemplated. Obviously the design has changed necessitating the taking of private residential property. When was the want for the taking decided? And why? are my initial questions. Was this ever going to be discussed with the public is another important question.

Also of concern: Is the entire property being taken or merely part. And if part, how much? And where with the taste for the taking of private property end if the taking of property is required. After all, Village Officials have discussed taking of resident’s property, so it looks like we are nearing the beginning of a very slippery slope.  Mayor Cunningham held a sunshine meeting she discussed the possibility of using eminent domain powers to take private property to build pockets parks with another member of the Village Council. Neighborhood protection anyone?

NOTE: I am compiling a folder where you can view the materials I am putting together on this matter.  You can view this folder by CLICKING HERE.  Note that all the materials remain available from their original sources. 

Editor Miller raises some serious issues relating to Palmetto Bay’s fiscal accountability, litigation and transparency. The $750,000.00 question.

Currently available on Community Newspapers online: Court rules against the Village of Palmetto Bay in Luxcom case, by Michael Miller, Editor.  $750,000.00 Please, I want to be kept in the loop! My question: Have Palmetto Bay officials spent  more than $750,000 in the different legal matters with Luxcom through October 2021? Obviously that wouldn’t cover all the critical filings leading up to the March 31, 2022, hearing or the Answer and Affirmative Defenses filed late last month. What’s the actual legal bill to date? What is the total budget set aside for this litigation? There are more costs that mere legal. What about overall staff and consultant (administrative) costs that should be associated to this Luxcom matter?

The Palmetto Bay public has a right to know. And the Palmetto Bay elected and staff officials have the duty of candor to the public.  Editor Miller's report raises some alarms as this is not the story that I have been kept in the loop about. This matter has clearly turned into a grudge no holds barred match.  Editor Miller reported on the recent loss that the Palmetto Bay community suffered in court on March 31, 2022.  Background, for those not in the loop, Editor Miller explains that Yacht Club by Luxcom, LLC “… has sued the Village of Palmetto Bay to recover more than $20,000,000.00 in compensation for losses caused by the Village’s efforts to prevent Luxcom from developing its property.

I, myself, have attempted to keep readers in the loop through some of my blog posts (listed at bottom).  Editor Miller reached out for comments from Luxcom, a source we, the people, have not heard from, speaking to a Mr. Barbara, who is the developer of Luxcom.  As Editor Miller explains it: 

When asked about the litigation Mr. Barbara responded – “We are pleased that the Court saw through the Village’s tactics and we look forward to moving vigorously and swiftly with discovery and the preparation for trial in what will be an expensive case with tens of millions of dollars at risk to the Village and its tax payers. As a result of the Court’s ruling, the lawsuit will now proceed forward on its merits, and the Village will finally be held accountable for its conduct and the harm it caused to Luxcom’s property.” 

Barbara added – “additionally, documents obtained through their Public Records Request show that the Village has already spent more than $750,000 in the different legal matters with Luxcom through October 2021, and this case has just begun.”

This is huge and I do believe the taxpaying public is due a full and complete accounting as to the following:

• What has been spent to date on this Luxcom litigation?
• Legal costs versus all staff time, administrative costs.
• What is the projected budget set aside for this Luxcom litigation?
• What are the goals of this litigation?
• What is Luxcom entitled to under the law? 
• What is he village attempting to stop Luxcom from building?
• Will this litigation resolve the issue or is it merely one more step to additional litigation

Transparency and accountability is important as Editor Miller specifically stated that:

“When Mayor Karyn Cunningham was asked to comment about the most recent court ruling, she said that because it was an ongoing case, she could not comment and directed any questions to the Village Attorney.” 

No, that is deflection, avoidance. The people have the right to know. Legal strategy is one thing, but providing a realistic assessment of the goals, costs to date as well as reasonably expected future costs of this litigation is the public’s right to know.

PRIOR RELATED POSTS - LUXCOM LITIGATION:

April 30, 2022, LUXCOM Litigation update. Palmetto Bay files the Answer and Defenses. 14 pages - filed April 28, 2022

April 21, 2022, LUXCOM Litigation update - Transcript of proceedings from March 31, 2022, now available to the public on official court docket

April 18, 2022, Luxcom litigation update - Palmetto Bay's Motion to Dismissal was denied. Case moves forward.

Happy #NationalRideABikeDay! Road or gravel - its another great day to get out and ride!

From the League of American Bicyclists:

 Happy #NationalRideABikeDay! 

 How to celebrate is simple: ride a bike anywhere and for any reason today. Ride to the store to complete a chore. Ride a bike with a friend to gossip about your weekend. Ride a bike on a trail or to the mall to check out a sale. We’re not saying you have to go full green eggs and ham but just #bikethere!

PRIOR RELATED POSTS ON BICYCLING: 

May 6, 2021, A thought provoking article. Bicycle-friendly projects are even good for people who will never ride a bike. Here's how: (AARP Livable Communities series)

December 23, 2021, 2021 Year in review - photos - 02 - road cycling. Spoiler alert - 4,000 mile reached once again

LUXCOM Litigation update. Palmetto Bay files the Answer and Defenses. 14 pages - filed April 28, 2022

Palmetto Bay filed the Answer and Defenses on April 28, 2022. The entire 14 page document can be downloaded for your own review.

Short procedural history of this case to date: This present LUXCOM action was filed November 5, 2020. Palmetto Bay attempted to have this complaint dismissed as its first option, filing the first motion to dismiss on December 20, 2020. The result? Apparently the parties agreed to the Plaintiff, LUXCOM, filing an Amended complaint on May 12, 2021, and again on October 14, 2021. A renewed motion to dismiss was filed on November 9, 2021.  The issue was finally ready for hearing on the motion to dismiss on March 31, 2022. The Judge, after review of the pleadings filed and hearing the arguments of the attorneys, denied Palmetto Bay's motion to dismiss by order rendered April 18, 2022. The Order refers back to the separately filed transcript for the specifics relating to reasons for denial. 

Palmetto Bay's Answer and Defenses is the 52nd substantive document filed in this case that now enters its 18th month of litigation. Review a copy of the official court public online docket current as of April 28, 2022. The answer is the defendant’s respond to the complaint and to put forth any defenses if he or she so desires (those not raised are usually considered waived). The answer may also contain defenses (affirmative defenses) that the defendant offers in response. The defendant may offer affirmative defenses, as Palmetto Bay attorneys listed in their answer. The Defendant (Palmetto Bay) has the burden of proving these defenses. 

This case now moves on to what can be expected as a very detailed discovery phase. Documents will be exchanged. Depositions will be taken where various staff and village council members will be called upon to provide testimony under oath for use in either the summary motions or trial, if this case goes that far.  The case does not necessarily wait for trial to be resolved. Either side may be entitled to a summary judgement in its favor based upon how the case develops through discovery. I will post on those options should they become relevant in order to keep readers in the loop. 

BACKGROUND – PRIOR RELATED POSTS: 

April 21, 2022, LUXCOM Litigation update - Transcript of proceedings from March 31, 2022, now available to the public on official court docket

April 18, 2022, Luxcom litigation update - Palmetto Bay's Motion to Dismissal was denied. Case moves forward.

Thoughts on Earth Day, April, and accomplishments made in terms of sustainability

We are entering the last week of April - home of Earth Day (April 22 annually). I spent Saturday out in our Everglades, Shark Valley specifically, to enjoy a family bike ride and view the natural flora and fauna. Take note - I am proud that many of the same species of plants and all the animals can be found within the municipal boarders of Palmetto Bay. 

I have enjoyed serving as Mayor of the Village of Palmetto Bay. Although eager to what the future will bring, I admit that I look forward to the freedom to participate as an engaged resident as I did from 2011 - 2014. It is always good to regain perspective off the council dais. What I observed from 2010 – 2014 brought me back. I am even more disturbed by some of the things I see going on today.

Each and every administration is held accountable for decisions made. Others now take on the responsibility of public office and will be judged by their own promises made and kept, their own accomplishments reached and their own handling of issues as they arise.

I remain proud of our accomplishments, and while not everyone may have agreed, we certainly moved our village forward from humble beginnings.

I'd like to think that I have had some input, some impact, on sustainability here in South Florida. In review, I am proud of my record for sustainability here in Palmetto Bay. I have worked hard to make Palmetto Bay a green city and make it greener every day.  Listed below is a partial list;  some of my favorite accomplishments brought to Palmetto Bay. 

Accomplishments we share: 

I still enjoy the reward for teamwork - July 20, 2018, Palmetto Bay is certified by the FGBC as a Green City

As Mayor (2002-2010, 2014-2018), I refused to meet with developers in private. I am the only member of the Palmetto Bay council to date, who can say this.  I have held meetings in public where interested members of the public can attend, listen and actually participate. Sad that that doesn't continue. In fact, I have heard that a current member of the village council recused himself as he met with an applicant.

I am also proud of working with the original Village Council to renovate existing parks and buying new parkland, as well as bringing diverse park amenities including a dog park, softball complex, beach volleyball courts, and a skate park. I have seen to it that we include and protect our environment sensitive areas such as the 5 acre Pineland in Coral Reef Park. I have also worked with the team to purchase and preserve a bay front park (Thalatta Estate). Activities include Earth Week (to raise environmental awareness) and age friendly programming and promoting bicycling within the village. I participated annually with the various bike to work, alternative transportation events.

I created “Shade Palmetto Bay” – our annual tree / plant give away (native of course).  This year, I put my money where my mouth is and personally donated 130 seedling pines for the giveaway.

I worked for recognition of our green spaces as Florida-Friendly Landscapes. Note that in our Village of Parks, Coral Reef, Palmetto Bay and Perrine Wayside Dog Park were recognized on June 18, 2018. 

I signed on to the US Conference of Mayors Climate Protection Agreement and joined Sierra Club’s Mayors for 100% Clean Energy – not just signing, but following up on and keeping the commitments made.

I was the prime sponsor in bringing Palmetto Bay in as a participating municipality with the Southeast Florida Regional Climate Change Compact when it was formalized back in 2009/2010. 

I was the first of our local officials to advocate for the completion of CERP/BBCW in our region. See Palmetto Bay Resolution:  2007-044

I sponsored (with a single co-sponsor) Reso 2009-018 Urging the US Congress and Florida Legislature to fully fund Biscayne Bay Wetlands projects

Reso2007-073 – in support of the SFWMD request for congressional appropriation of funds necessary to bring the Herbert Hoover Dike into compliance with current levee protection safety standards

Reso2016-036 Urging the US Army Corps of Engineers, the Florida Department of Environmental Protection and the SFWMD to expedite Phase II of the Biscayne Bay Coastal Wetlands Project.

Under my leadership, Palmetto Bay led the way in green initiatives, building the first countywide LEED-certified park building at Coral Reef Park, followed by the very first statewide Platinum LEED-certified Village Hall! 

Palmetto Bay Charter member PACE – I served on the district board

Preserving green space, creation of new green space/parks as well as updating existing green space and parks.  Adding to Palmetto Bay Park where we took developable land and added it to the Park, adding 17 acres to the original 5 acre neighborhood park. Buying and preserving Thalatta Estate.

Championed the creation of a Sustainable Community Plan (SCP). 

I sponsored resolutions preserving the following acreage: 

Ludovici Park, working with our Miami-Dade County Environmental Crimes to take ownership of land which had previously suffered mangrove destruction, restoring those mangroves and placing that land in the public domain, eventually becoming Ludovici Park – where a library now stands and the restored mangrove area rests, off the private ownership and in protective hands.

Land that the County was about to surplused to developers into public ownership -  soon to be known as The Woods along 168^th street.

I was the sponsor of Palmetto Bay Resolution 2010-32, Opposing the FPL application relating to Turkey Point Units 6 & &, power lines, opposing the siting transmission lines down US1 (the subsequent administration pulled out of this effort, leaving Pinecrest and South Miami to win this effort without Palmetto Bay’s collaboration).

Notable resolutions are numerous, but some of my favorites that I sponsored include:

2005-043, calling upon the Board of County Commissioners to oppose any extension to the Urban Development Boundary (“Hold The Line”)

2007-049 Relating to protecting the land considered to be a wildlife sanctuary at SW 168^th Street and 88^th.

2008-078  Requesting Miami-Dade to authorize the use of low emission vehicles on County Owned Residential streets located within Palmetto Bay and the County as such low emission vehicles would assist with greening communities by lowering gas emissions and curtail use of gas, ensure slower speeds and thus protect residents, pedestrians and general public.

2016-68, opposing the DEP's weakening of restrictions that would allow an increase in the release of toxic chemicals into Florida’s Waters.

Obtaining the Tree City USA Designation in my second term.

I am including the following blog posts I have written on these and other environmental topics.

CLICK HERE or the following heading to view a blog post from March 28, 2016, Our environment, our community, our future - a collaborative effort to maintain our quality of life. Part 1 - our local environment, documenting part of my long term (not election time) actions relating to our environment. 

We need to protect and prepare for our future, whether it is protecting our native Pine Rocklands, Mangroves, or Everglades.  We need to grow smart or not at all.  And don’t leave out transportation.  Transportation is another Number One issue (yes - there are more than a single critical issue facing South Florida) as growing gridlock is rapidly eroding our quality of life – but more on that in a future post.

I remain proud of my accomplishments to date as well as my ongoing commitment to continue the vision and work to further and exceed these past accomplishments, including:

Palmetto Bay seeks to become a model community for energy savings and environmental conservation. The Municipal Center is a testament to this goal. 

For more information, please feel free to review the following Official Palmetto Bay webpages:

Have You Heard? Green is the New Black!

Palmetto Bay Green Page

And a few of my past blog posts, including:

May 4, 2018, Great response to our solar initiatives. Thank you to all who have participated.

October 9, 2012, Great news. It is official. Palmetto Bay's Village Hall receives Platinum LEED certification.

August 23, 2017, The Smart Growth Partnership - The Village of Palmetto Bay wins a smart growth award for its DUV Code

Also see the article posted online through the Southeast Florida Regional Compact (an organization I have sponsored participating with):  Village Hall LEED Platinum Certified Facility

Obtaining certification of the first Green Certified municipal building in Miami-Dade County (our Parks building at Coral Reef Park).

Solar power initiatives.  Co-sponsoring Solar Co-Ops

Prime sponsor of permit fee waiver initiatives for Solar Panel initiative.

Championing the efforts to purchase and preserve Thalatta Estate - working with the willing seller to buy the property through the Trust for Public Lands and Florida Communities Trust to bring this property into public ownership for all to enjoy.

Went electronic, eliminating paper - for e-newsletters - first created e-currents and now "Your Village At Work."

Tree City USA Designation

I have also actively worked to support the efforts of community groups such as LivableCutler at the county and state level to halt over development. These efforts led to public acquisition of 130 acres earmarked for CERP/BBCW. My entire family have been part of the volunteer effort to restore the acquired coastal wetlands.

Finally – I established a Palmetto Bay “Environmentalist of the Year” Award – to recognize and encourage environmental action.

Thank you fellow residents of Palmetto Bay!

Eugene Flinn

Palmetto Bay Village Center Litigation Update – Petition for Cert (a form of appellate review). Palmetto Bay’s response due May 11, 2022.

This update relates to the Petition for Certiorari  (a form of appellate review) filed by the applicant Palmetto Bay Village Center (PBVC) in the case styled as 17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL, case number: 2022-000012-AP-01 . I am working to truly keep interested readers in the loop.

The Court rendered an Order to Show Cause on Thursday, April 21, 2022. This Order is the procedural next step in this case, it in no way indicates that either side has an upper hand in this matter. The Village of Palmetto Bay is now required to file its Response to the Petition for Writ of Certiorari within twenty (20) days of the April 21, 2022, order.

IMPACT:  The Village response is due to be filed no later than Monday, May 11, 2022 (barring any requests for extension of time).

The Village Council was waiting for this order. I expect the Village Attorney to seek an Executive Session with the Village Council to discuss the case and then proceed as instructed by this Mayor and Council.

Does an eventual ruling in this case end the litigation? No. Either party may appeal the eventual Cert decision to the Third District Court of Appeal (3 rd DCA). This is also one of two separate cases filed on the same manner (different relief is sought, two separate cases required).

BACKGROUND - see prior related post of April 1, 2022, More litigation for the Village – The Palmetto Bay Village Center has filed for judicial review – a big read. Initial review and impression – links to critical documents provided

Other significant litigation pending (there are others cases filed that are not currently significant in my opinion):

17777 OLD CUTLER ROAD, LLC, VS VILLAGE OF PALMETTO BAY
Local case number: 2022-006141-CA-01
Filed April 1, 2022

17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL
Local case number: 2022-000012-AP-01  (the case discussed in this post)
Filed April 1, 2022

VILLAGE OF PALMETTO BAY ET AL VS MIAMI-DADE COUNTY, FLORIDA
Local case number: 2022-003627-CA-01
Filed February 25, 2022

AMADO RODRIGUEZ ET AL VS VILLAGE OF PALMETTO BAY
Local case number: 2022-000305-CA-01
Filed January 6, 2022

YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA
Local case number: 2020-023918-CA-01
Filed November 5, 2022

VILLAGE OF PALMETTO BAY, FLORIDA VS MIAMI-DADE COUNTY
Local case number: 2019-031036-CA-01
Filed October 18, 2019

Happy Earth Day - 2022. Green, then silver, then Gold. Keep pushing for sustainability.

Where are we in regards to protecting our fragile ecosystem?

Do you know the approximate age of the Earth? 4.543 billion years. Yet today, 4/22/2022 is just the 52nd Earth Day celebration. ACTING on Earth Day is more than just a movie night, it is taking action and participating, doing things differently, ending (sub)Urban Sprawl. Sometimes it takes real change; more than photo ops.

A brief history of Earth Day: The April 22 Earth Day was founded by Senator Gaylord Nelson, and was first organized in 1970 to promote ecology and respect for life on the planet as well as to encourage awareness of the growing problems of air, water and soil pollution.

I am proud to have led Palmetto Bay and created more than a simple Earth Day Celebration, but set Palmetto Bay to be committed to Earth Day 24/7/365. We don’t just recognize a day, we were in big, in such a big way, that we take a full week to celebrate. We continue to involve our youth in partnership with the local schools as they are going to inherit what we leave behind.

2018 was a milestone year for Palmetto Bay as I was pleased to announce on July 20, 2018, that Palmetto Bay was certified by the FGBC as a Green City. Next stop is Silver and then Gold Certification so long as the subsequent councils continue to subscribe to the green footprints cast before them.

 

 

Participating in a python hunt to 
remove an invasive species

I remain proud of my accomplishments to date as well as my ongoing commitment to continue the vision and work to further and exceed these past accomplishments, including:

Palmetto Bay seeks to become a model community for energy savings and environmental conservation. The Municipal Center is a testament to this goal. For more information, please feel free to review the following Official Palmetto Bay webpages:

• Have You Heard? Green is the New Black!
• Palmetto Bay Green Page
  And a few of my past blog posts, including:
• May 4, 2018, Great response to our solar initiatives. Thank you to all who have participated.
• October 9, 2012, Great news. It is official. Palmetto Bay's Village Hall receives Platinum LEED certification.
• August 23, 2017, The Smart Growth Partnership - The Village of Palmetto Bay wins a smart growth award for its DUV Code.
• Also see the article posted online through the Southeast Florida Regional Compact (an organization I have sponsored participating with):  Village Hall LEED Platinum Certified Facility
• Obtaining certification of the first Green Certified municipal building in Miami-Dade County (our Parks building at Coral Reef Park).
• Solar power initiatives.  Co-sponsoring Solar Co-Ops
• Prime sponsor of permit fee waiver initiatives for Solar Panel initiative.
• Championing the efforts to purchase and preserve Thalatta Estate - working with the willing seller to buy the property through the Trust for Public Lands and Florida Communities Trust to bring this property into public ownership for all to enjoy.
• Went electronic, eliminating paper - for e-newsletters - first created e-currents and now "Your Village At Work."
• Tree City USA Designation
• Working for recognition of our green spaces as Florida-Friendly Landscapes. Note that in our Village of Parks, Coral Reef, Palmetto Bay and Perrine Wayside Dog Park were recognized on June 18, 2018. 
• I have also actively worked to support the efforts of community groups such as LivableCutler at the county and state level to halt over development. These efforts led to public acquisition of 130 acres earmarked for CERP/BBCW. My entire family have been part of the volunteer effort to restore the acquired coastal wetlands.
• Finally – I established a Palmetto Bay “Environmentalist of the Year” Award – to recognize and encourage environmental action.

Prior relevant blog posts: Some relevant posts on my personal blog include Invasive Species, creating a backyard oasis, Celestial Events: there have been many posts throughout this blog covering these topics and how they are relevant to our South Miami-Dade Communities. Please take the time to check a few out. It is all about my transparency. I am about preservation of Palmetto Bay. That means thinking differently, saving the 22 acres of the rapidly deteriorating Pine Rocklands at the Palmetto Bay Village Center.

Happy Earth Day – 2022!

Eugene Flinn

LUXCOM Litigation update - Transcript of proceedings from March 31, 2022, now available to the public on official court docket

LUXCOM filed the transcript of the hearing on Defendant’s, PALMETTO BAY, Motion to Dismiss Second Amended Complaint held on March 31, 2022.  I need to review the transcript.  (CLICK HERE to download and view this 53 page document)

This is the transcript referred to in the Order Denying the Motion to Dismiss:

"1. The Village’s Motion is denied for the reasons stated in open Court as reflected in the transcript from the hearing a copy of which has been separately filed by Luxcom."

The filing actually took place on April 18, 2022 at 1:46 PM, but was not visible to the public until Thursday afternoon, 4/21/2022.

BACKGOUND INFORMATION: See prior related post of April 18, 2022, Luxcom litigation update - Palmetto Bay's Motion to Dismissal was denied. Case moves forward.

I will continue to keep readers in the loop. 

Litigation update – short bite – Expect Palmetto Bay’s initial response to the latest Palmetto Bay Village Center lawsuit to be filed sometime in May, 2022.

The Village of Palmetto Bay was served with the Complaint for Relief on April 11, 2022.  CLICK HERE to view the notice of filing – Return of Service and other documents. This case is styled 17777 Old Cutler Road, LLC, v. Village of Palmetto Bay, Florida, Case No.: 2022-006141-CA-01. CLICK HERE to view the 258 page complaint.

IMPACT:       The Village of Palmetto Bay is expected to file the initial response sometime on May as the deadline for filing may be enlarged by agreement or upon motion to and order of the court.

The response could be an initial Motion to Dismiss filed to test the sufficiency of the complaint of Palmetto Bay may plan on filing its Answer and Affirmative defenses.  We are not in the loop as to what action they may take and the Village is most likely still considering their options at this time.

BACKGROUND - see prior related post of April 5, 2022, More litigation! In fact, a second lawsuit was filed April first (no joke) along with the Cert action. This case is styled 17777 Old Cutler Road, LLC, v. Village of Palmetto Bay, Florida, Case No.: 2022-006141-CA-01 details and links provided.

Other significant litigation pending (there are others cases filed that are not currently significant in my opinion):

17777 OLD CUTLER ROAD, LLC, VS VILLAGE OF PALMETTO BAY
Local case number: 2022-006141-CA-01  (the case discussed in this post)
Filed April 1, 2022

17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL
Local case number: 2022-000012-AP-01
Filed April 1, 2022

VILLAGE OF PALMETTO BAY ET AL VS MIAMI-DADE COUNTY, FLORIDA
Local case number: 2022-003627-CA-01
Filed February 25, 2022

AMADO RODRIGUEZ ET AL VS VILLAGE OF PALMETTO BAY
Local case number: 2022-000305-CA-01
Filed January 6, 2022

YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA
Local case number: 2020-023918-CA-01
Filed November 5, 2022

VILLAGE OF PALMETTO BAY, FLORIDA VS MIAMI-DADE COUNTY
Local case number: 2019-031036-CA-01
Filed October 18, 2019

Luxcom litigation update - Palmetto Bay's Motion to Dismissal was denied. Case moves forward.

The Judge rendered her order denying Palmetto Bay's Motion to Dismiss in the case of Yacht Club by Luxcom, LLC v. Village of Palmetto Bay, 2020-023918-CA-01. The hearing was held on March 31, 2022. 

This was a denial of a motion to dismiss.  This is not an adjudication of the entire case; specifically not an award of any damages or other relief to the Plaintiff, Yacht Club by Luxcom, LLC. This denial does mean that this case will be heavily litigated and will require significant work to defend. 

The order is simple - it merely provides that:

1. The Village’s Motion is denied for the reasons stated in open Court as reflected in the transcript from the hearing a copy of which has been separately filed by Luxcom.

2. In accordance with Rule 1.140(a)(3), Fla.R.Civ.P., the Village shall serve its answer within 10 days from the date of this Order.

CLICK HERE to view this simple 2 page order.

I am looking for the transcript from the hearing a copy of which is stated to have been separately filed by Luxcom. This item is not yet visible on the public docket. I will update this post when that item becomes available. 

Next step - attorneys for the Village have 10 days from April 18, 2022, to prepare and file the answer. This will be a comprehensive document; it will not be a short form.

Other significant litigation pending (there are others cases filed that are not currently significant in my opinion):

17777 OLD CUTLER ROAD, LLC, VS VILLAGE OF PALMETTO BAY
Local case number: 2022-006141-CA-01 
Filed April 1, 2022

17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL
Local case number: 2022-000012-AP-01
Filed April 1, 2022

VILLAGE OF PALMETTO BAY ET AL VS MIAMI-DADE COUNTY, FLORIDA
Local case number: 2022-003627-CA-01
Filed February 25, 2022

AMADO RODRIGUEZ ET AL VS VILLAGE OF PALMETTO BAY
Local case number: 2022-000305-CA-01
Filed January 6, 2022

YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA (this case)
Local case number: 2020-023918-CA-01
Filed November 5, 2022

VILLAGE OF PALMETTO BAY, FLORIDA VS MIAMI-DADE COUNTY
Local case number: 2019-031036-CA-01
Filed October 18, 2019