Saturday, August 13, 2022

Link to my campaign website. eugeneflinn.com

I have enjoyed tremendous readership of my blog, South Dade Updates. I am continuing to provide updates and post information, the facts, about our community.  But this is not my campaign website.  

CLICK HERE to go to my campaign website for all things Palmetto Bay election related!
Disclaimer: just to be safe:
POLITICAL ADVERTISEMENT PAID FOR AND APPROVED BY EUGENE FLINN FOR MAYOR OF PALMETTO BAY

Sunday, August 7, 2022

August 7 - Purple Heart Day. Remembering America's Veterans - special recognition for Purple Heart recipients

Palmetto Bay became the first South Florida "Purple Heart City" in 2016 - as per resolution 2016-40 that I was proud to sponsor as Mayor of Palmetto Bay.  It remains important to continue this recognition.

This is a national day of recognition. Purple Heart Day is observed on August 7 each year and is a time for Americans to pause to remember and honor the brave men and women who were either wounded on the battlefield or paid the ultimate sacrifice with their lives.

See Channel 10 News online: Palmetto Bay becomes first Purple Heart city in South Florida - Flag-raising ceremony held to commemorate honor, By Peter Burke - Local 10.com Managing Editor, posted: 1:22 PM, August 10, 2016.

See prior related post of August 12, 2016, Recognizing our Purple Heart Awardees. Palmetto Bay is now a Purple Heart City! where there are additional photos from this 2016 event

CLICK HERE to view other related posts recognizing our Veterans for their service.


Wednesday, July 20, 2022

Update on the Palmetto Bay Village Center litigation – Petitioner’s request for Oral Argument Granted – to be set

I am working to truly keep interested readers in the loop.  The Petitioner/Appellant, 1777 Old Cutler Road, LLC (aka the Palmetto Bay Village Center) filed a request for Oral Argument in the case styled as 17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL, case number: 2022-000012-AP-01 . The court granted this request by order filed July 18, 2022. 

Oral argument is not required to dispose of a case. The Court reviewed the request and the briefs filed in determining whether Oral Argument would be granted.  CLICK HERE to view a prior post where I inserted links to view all the legal briefs filed in this proceeding.

The court could have denied the request and followed up with an order affirming the action of the Palmetto Bay Mayor and Village Council, denying the petition/appeal.  Obviously the court did not take this action, but instead granted the request for oral argument.  The scheduling of Oral Argument does not foreshadow any future decision. The Oral Argument is not currently set, but will be in the near future.

Background, See Prior related post of July 1, 2022: Palmetto Bay Village Center Litigation Update – Petition for Cert (a form of appellate review). All the briefs have been filed. You can download and read them here.

Stay tuned and I will continue to keep you in the loop.


Wednesday, July 13, 2022

The guard gates are being installed along the US1 busway - photos providing first look.

As seen on my public transit ride home from downtown today:

I took a few pictures of the gate arms being installed at the intersections along the US1 busway. The gate arms will go into operation with the start of the BRT service (which will most likely signal the end of the Palmetto Bay Express Bus service to the Datran South Metrorail station).

Above - boarded at Datran south for the return trip, road is clear ahead

Below: a few pictures of the safety gate arms - they appear to be the classic railroad crossing arms that existed back when the rail road trains traveled that rail easement 40-50 years ago (and much, much earlier).

SW 104th Street

SW 132 Street (by Tire Kingdom)

Above - bus way intersections at SW 124th and 144th Streets



Monday, July 4, 2022

Happy Independence Day - 2022 - Have a safe and fun 4th!

Happy Independence Day to you and your families! 

This is a holiday to celebrate, the day we celebrate the birth of our great nation, the creation of the greatest system of freedom and democracy. All of this occurred due to the great physical and financial sacrifice of the founders of this nation, the brave men and women of yesterday and today who have sacrificed so greatly to ensure the traditions bestowed by our remarkable founders. We owe them vigilance, and the willingness to defend the democracy they have passed on to you.

Independence Day has been celebrated since 1776.  But do you know the year that July 4 officially made a Federal Holiday?  Would you believe 1941? Check out the History.com page regarding July 4, for additional information.

Let us continue to look to a future that belongs to all of us - a future that ‘we, the people’ have the power to create.

Happy Independence Day – 2022.

Protect Your Pets on July 4th
Protect your pets on this fourth of July holiday - it is not a 'pet-friendly' holiday.  They don't understand what all the ruckus is about. (See my blog - CLICK HERE - to view my full post and important links)
July 4th is a busy day for pet shelters. Many pets get frightened and run off during fireworks. Pets are severely distressed by the noise of fireworks. Remember, dogs' and cats' hearing is much more sensitive than ours, so those loud booms can be extremely uncomfortable!

A wiser choice for your pet is for you to bring your pet inside the house and make sure that your special friend is safely tucked into a room with a television or radio on. It is recommended that if you are not staying home with your pet, make sure that their favorite hiding spot is available so they can run to a place in the house where they feel safe ---- this could be under the bed, in the closet or even their pet crate.  If you are home, stay near them, speak to them and let them know that they are safe. 
Please take the time - CLICK HERE - to view a .PDF put out by Miami-Dade County Animal Services - July 4th Pet Safety Tips.

Friday, July 1, 2022

Palmetto Bay Village Center Litigation Update – Petition for Cert (a form of appellate review). All the briefs have been filed. You can download and read them here.

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.

You can see the most important documents by following the links below:

Petition for Writ of Certiorari, filed April 1, 2022 (63 pages)

Two part Appendix to the Petition for Writ of Certiorari, filed April 1, 2022:
Part 1 (1,574 pages) and
Part 2 (220 pages)

Palmetto Bay's Response to Order to Show Cause/Petition for Writ of Certiorari, filed June 10, 2022 (62 pages)

Petitioner's Reply to Response to Petition for Writ of Certiorari, filed June 30, 2022 (21 pages)

Please take the time to download and review. We will discuss after everyone has the opportunity to read the arguments on their own.

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


Case watch - Sarasota Circuit Court Judge DENIES Landrie's Motion to Dismiss by order rendered 6-30-2022. Claim for intentional infliction of emotional distress moves forward.

"Context matters." 

Many are watching the civil case of  JOSEPH PETITO, NICHOLE SCHMIDT v. CHRISTOPHER LAUNDRIE, ROBERTA LAUNDRIE, Case No.: 2022 CA 001128 SC, which is pending in the the Circuit Court in Sarasota County Florida.  This case arises out of the murder of Gaby Petito - and for those who want a refresher, please see: A timeline of 22-year-old Gabby Petito’s case, by Christina Maxouris, CNN, January 21, 2022. 

The facts of this case define 'intentional infliction of emotional distress'. I have attached a link to the eight page order rendered Thursday, June 30, 2020, by the Honorable Hunter W Carroll, Circuit Judge. Please note that the order is not a full adjudication of the claim. It merely finds that the Plaintiffs, the parents of Gabby Petito, have stated a legally sufficient case for intentional infliction of emotional distress. The next step will be the filing of an answer by the Defendants, the parents of Brian Laundrie. The Answer is due on or before July 15, 2022. This lawsuit is far, far from over and it remains to be seen who will prevail in the end.

Why sue the parents of the murder, what did they do? This case is more than just a statement that the Defendants released through their lawyer that gave the Plaintiffs false hope that their daughter was still alive. The Plaintiffs have alleged a course of conduct by the defendants where the Plaintiffs were toyed with, and knowingly giving false hope that Gaby Petito would be found alive and returned to her family.  This lawsuit seeks redress for a course of conduct and deceit from the defendants that caused severe emotional distress to the Plaintiffs - the parents of Gaby Petito.

The short bites:

According to the lawsuit, the Defendants' son murdered the daughter of the Plaintiffs on August 27, 2021.  The Defendant's son sent text messages to Gabby’s mother while posing as his fiancée after killing her. He then returned alone to his parents’ home in North Port, FL, on Sept. 1 and was reported to have traveled with his parents at Fort DeSoto Park from Sept. 6 to Sept. 7. The Plaintiff's Joseph Petito and Nichole Schmidt, Gabby’s parents, further allege that the Laundries ignored their frantic requests for information about their daughter; the Laundrie parents allegedly went so far as to block the text messages from — and the social media accounts of — Gabby’s parents on or about September 14, 2021.

Gabby’s remains were found on Sept. 19 near a camping area along the border of the Grand Teton National Park in northern Wyoming. 

The Plaintiffs allege that Defendants Christopher Laundrie and Roberta Laundrie, “acted with malice or great indifference” and “exhibited extreme and outrageous conduct which constitutes behavior, under the circumstances, which goes beyond all possible bounds of decency and is regarded as shocking atrocious, and utterly intolerable in a civilized community.”

The defendants moved to dismiss the civil lawsuit and argue that they remained silent and, therefore, were acting within their constitutional rights — specifically the First Amendment free speech right and the Fifth Amendment right to remain silent.

Silence is one thing, but speaking through a lawyer, the agent of the Defendant is not silence. Though the court recognized that there was no duty for the defendants to respond to the Plaintiffs, to break their silence, the Defendant acted otherwise, putting out a statement:
"On behalf of the Laundrie family it is our hope that the search for Miss Petito is successful ad that Miss Petito is reunited with her family."
Judge Carroll soundly rejected the Defendants' argument.
“As alleged by the Plaintiffs, the Laundries made their statement knowing that Gabby was dead, knowing the location of her body, and knowing that her parents were frantically looking for her. If this is true, then the Laundries’ statement was particularly callous and cruel, and it is sufficiently outrageous to state claims for intentional infliction of emotional distress.” (Bold emphasis added) 
As stated in the order:
“... Florida law recognizes that family members are particularly susceptible to emotional distress around the time of a loved one’s death. Malicious conduct during that timeframe can rise to the level of outrage.”
The judge ruled that the outrageous threshold was met when juxtaposed with the other conduct on the case.
“Plaintiffs have not identified, and the Court is unaware, of any legal duty the Laundries would have owed to Plaintiffs to tell the Plaintiffs that Gabby was dead or the location of her body,” Carroll wrote, adding that Joseph and Nichole similarly did not identify a duty the Laundries had to them that would require that they responded to their text messages “or refrain from taking a vacation” while Gabby’s parents searched for her.

The bottom line (so far):

If the facts of this case truly were about silence with no affirmative act by the Laundries, the court would have granted the motion to dismiss in the Laundries' favor."
Stay tuned. This is a very sad case.

Wednesday, June 29, 2022

Our condolences. We mourn the passing of Hershel “Woody” Williams – last surviving Metal of Honor recipient from WWII

The last surviving Medal of Honor recipient from World War II has passed on from this life at 98 years old. Palmetto Bay was honored with his participation in our Veterans Park project. October 15, 2016, was officially proclaimed as Hershel Woodrow "Woody" Williams Day in Palmetto Bay.

Thank you for your service to our country US Marine Williams. May you rest in peace. 

US Marine veteran Hershel “Woody” Williams died Wednesday at 3:15 a.m. at the Huntington, West Virginia, Veterans Affairs hospital named after him, according to a statement from his foundation. See: Marine Times, June 29, 2022, Last surviving WW2 Medal of Honor recipient Woody Williams dies at 98, by Andrea Scott

I will remember my time with him here in Palmetto Bay, the American Legion, Post 133, here in Palmetto Bay involved US Marine Williams in our Veterans Park project.  See October 16, 2016, Oct 15, 2016. Palmetto Bay is honored to host Hershel Woodrow "Woody" Williams and Gold Star Families

The Village of Palmetto Bay has been working with the members of the American Legion Marlin Moore Post #133 to create a Veterans Park/Gold Star Family Memorial Monument. This event featured a presentation by Hershel Woodrow (”Woody”) Williams, the last surviving Medal of Honor recipient from Iwo Jima.  October 15, 2016, was officially proclaimed as Hershel Woodrow "Woody" Williams Day in Palmetto Bay.

Thank you US Marine Williams for your service, both during WWII as well as your continuous service thereafter in your efforts in regard to Gold Star Families.  Words cannot express our thoughts and thanks to the surviving family and friends of those who made the ultimate sacrifice in service of our country.  

I will work to see that Palmetto Bay does keep its promises and completes a Veterans Park worthy of your participation Marine Williams! 



Preparing for Independence Day - 2022 - Make preparations to keep pets safe.

Protect Your Pets on July 4th

Protect your pets on this fourth of July holiday - as it is not a 'pet-friendly' holiday.  They don't understand what all the ruckus is about. (See my blog - CLICK HERE - to view my full post and important links)

July 4th and 5th are busy days for pet shelters. Many pets get frightened and run off during fireworks. Pets are severely distressed by the noise of fireworks. Remember, dogs' and cats' hearing is much more sensitive than ours, so those loud booms can be extremely uncomfortable!

A wiser choice for your pet is for you to bring your pet inside the house and make sure that your special friend is safely tucked into a room with a television or radio on. It is recommended that if you are not staying home with your pet, make sure that their favorite hiding spot is available so they can run to a place in the house where they feel safe ---- this could be under the bed, in the closet or even their pet crate.  If you are home, stay near them, speak to them and let them know that they are safe. 

Please take the time - CLICK HERE - to view a .PDF put out by Miami-Dade County Animal Services - July 4th Pet Safety Tips.

Wednesday, June 22, 2022

Additional 87th Bridge litigation update - Hearing date set - Response to Motion to Dismiss filed (link to document provided)

A reader provided me with Palmetto Bay's Response in Opposition to the County's Motion to Dismiss [this document was filed at 6:54 PM last night - (6/21), but is not yet posted to the public online docket].  CLICK HERE to download and view this 29 page response.

The hearing on the County's Motion to Dismiss has been scheduled for 3:30 PM, July 11, 2022.

Attorney Norman Waas filed discovery on behalf of Palmetto Bay:  Miami-Dade County has been served with Interrogatories (written questions to be answered in writing under oath) as well as Request for Admissions. 

June 17, 2022: The court rendered an order requiring the parties to prepare and file a comprehensive case management report (pursuant to Administrative Order AO 21-09). This report is presently due no later than Friday July 8, 2022. The report will provide significant details to aid the court in moving this case to resolution. (follow link above to view complete update)

Tuesday, June 21, 2022

87th Bridge litigation update - No hearing yet to resolve the County's Motion to Dismiss

87th Avenue Bridge litigation update - VILLAGE OF PALMETTO BAY, FLORIDA, CAROLINE HETU, AND CRAIG WOISCHWILL v. MIAMI-DADE COUNTY, FLORIDA, CASE NO. 2022-003627-CA-30.  

June 17, 2022: The court rendered an order requiring the parties to prepare and file a comprehensive case management report (pursuant to Administrative Order AO 21-09). This report is presently due no later than Friday July 8, 2022. The report will provide significant details to aid the court in moving this case to resolution. 

CLICK HERE to view the blank sample  case management report that was provided in the June 17 Case Management Order.

A case management hearing was held on June 17, 2022.  I did attend as an interested observer. The hearing was held via zoom virtual platform. 

IMPORTANT NOTE: Court proceedings are open to the public in Florida with few exceptions and then proceedings may be closed only if there is no reasonable alternative to closure; closure being the least restrictive form available.  

Results of the case management hearing held on June 17, 2022: No substantive items were resolved. The parties were directed to contact the court on the following Tuesday (6/21/2022) and attempt to secure an early hearing date on the pending motion to dismiss. the court also notified the attorneys that this case was put on one hour standby; that all parties should be ready to argue the motion to dismiss within an hours notice (experience tells me the court would attempt to provide more notice as scheduling permits) in the event that sufficient time becomes available on the court hearing docket.

The lawsuit is progressing slowly.  I had commented previously that this case may be different for Palmetto Bay due to appearances by Palmetto Bay Resident Norman Waas as a volunteer attorney on behalf of the Village of Palmetto Bay.  As I stated before, and without reservation, he is a highly respected litigator. He has incentive as a resident who has opposed the bridging of 87th avenue, adding his passion and extensive litigation experience. 

It was also announced at this hearing that Miami-Dade County has schedule an August 2022 groundbreaking for the 87th Avenue Bridge project.

I assume, or at least it is my hope, that the public will receive a full briefing on the status of this lawsuit at the July Regular Village Council Meeting.

Prior related posts:

April 8, 2022, The Weekend Read - the Palmetto Bay bridge litigation. Important updates. Links to important documents supplied

Background information is also provided in a prior related post of February 4, 2022, Mediation ended in an impasse – will the mayor and council file the lawsuit? Key local attorneys are ready to step in for residents in opposition to the bridge. as well as January 20, 2022, Miami-Dade County will hold the Joint meeting with Palmetto Bay today, Thursday, January 20, 2022, at 12:45 PM. There is a public comment section listed on the agenda.

Monday, June 13, 2022

Family Fun Ride Part 2- 6-12-2022 Key Biscayne Dora & The Graveling Expl...


Does anyone want to watch a video of part of the old Crandon Park Zoo? I could not located the spot where Dixie The Elephant used to live.

It is a very interesting place to walk in peace and enjoy the surroundings.

This video was part of the Come as you are Family friendly fun ride of Sunday, June 12, 2022 - a group ride of Dora & The Graveling Explorers.