Palmetto Bay Charter, Section 10.1, ruled unconstitutional on May 9, 2016

Court ruling is fully adverse to a Palmetto Bay Charter provision.

The Alexander Montessori school has been denied its expansion based upon its failure to obtain the 75% approval of eligible voters as required under the Village of Palmetto Bay Charter, Sec. 10.1 Private School Expansion. 

The Alexander School filed a lawsuit contesting this charter provision (Alexander School vs. Village of Palmetto Bay, case number 2015-024018 CA20).  Circuit Court Judge William Thomas ruled on May 9, 2016, the Charter language found in Section 10.1 was unconstitutional, the ruling and its language is attached (photo #2).

WHAT THIS MEANS (FOR NOW): The Alexander School can submit for expansion and not need 4/5 vote of the Council or have a special referendum of residents surrounding the property.

COUNCIL ACTION: The item has been added to the Zoning Council meeting for discussion on May 16, 2016 at 7 pm.

Sec. 10.1 Private School Expansion.
The number of enrolled students of any private school within the Village of Palmetto Bay shall not be increased without prior approval by a fourth-fifths (4/5) vote of the Village Council. No such approval shall be adopted by the Village Council until the request to increase enrolled students is submitted to a vote of Village of Palmetto Bay electors living within a 2,000 foot radius of the applicant school property by referendum, and 75 percent of the electors voting approve of such increase in enrolled students.
A list of Village of Palmetto Bay registered voters within the 2,000-foot radius of the school property shall be prepared by the Village Clerk. Any elector who resides on property or a portion of property that is within the 2,000 foot radius of the school seeking to increase the number of its enrolled students shall be eligible to vote in the election required under this provision. The cost of the election (including reimbursement to the city for all costs relating to the preparation of the list of eligible electors) required under this provision shall be borne by the school seeking to increase the number of its enrolled students.

I have no additional information at this time, but I will update with any relevant information as it becomes available.  For more information, please attend the May 16, 2017, meeting live, via online or WBAY broadcast.

Eugene Flinn, Mayor