As I requested, Palmetto Bay defended the Village Charter. (This is a duty of your Mayor and Village Council).
The Third District Court of Appeal released its opinion today, Wednesday, March 15, 2017 - finding in FAVOR of Palmetto Bay and reversing a trial court Summary Judgment striking the citizen Initiative Charter provision requiring a 75% vote of surrounding electors prior to a private school expansion. Note that this does NOT end the litigation - it is not the final ruling. The Summary Judgment is reversed and the matter is remanded back to the trial court for further proceedings.
CLICK HERE - to view the full 7 page opinion posted online with the Third District Court of Appeal.
This is good news for the Village and establishes Attorney Lehtinen's reputation as a outstanding legal advocate for the Village of Palmetto Bay. Palmetto Bay has been represented by Dexter W. Lehtinen and Claudio Riedi of Lehtinen Schultz Riedi Catalano de la Fuente, PLLC.
It is far too early to determine what the next step will be, if any, from the Alexander Schools, Inc.
I would expect a motion for rehearing, then, if unsuccessful, further proceedings before the trial court upon remand of this claim. There is no guaranteed time line for resolution of a motion for rehearing.
Dear Mayor Flinn, Vice Mayor DuBois, and Council members Mrs. Cunningham, Mr. Singer, and Mrs. Siegel Lara:
ReplyDeleteI am writing you again, about the Village Community Center, downtown development, and the “Downtown Charter School versus Community Center” situation.
In David Singers’s recent blog post he stated that:
“They [the Council] still know that a community center in lieu of a charter school is the better option for the Palmetto Bay residents.”
The problem is that it should NOT be an “either/or” situation. The Village should not be placed in a position by an developer, “I will put a Charter School wherever I want, unless you give me X in return.“
Charter Schools may be public schools, and there may be rules about providing Charter Schools, but there must also be rules governing WHERE these may be placed, and what control local government and residents have in deciding the facility capacity and location.
And if these rules are unfair, the Village should fight and challenge them legally.
If the Village Council was willing to appeal the Alexander Montessori case to a higher court, the Village should be prepared to fight any legal battles necessary to prevent developers from applying pressure in this fashion.
As to whether any such major developments should be approved or rejected by the Council -
I have proposed before, that perhaps the Villagers should decide via a referendum - perhaps in EVERY such case, Palmetto Bay residents should vote and decide whether ANY such developments, whether they be a mixed-use development, community center, or a charter school should go before the Council.
Part Two:
ReplyDeleteThe current Charter Amendment provides for private school enrollment increases … does it go "far enough" in empowering residents to be the gatekeepers as to what decisions advance to the Council?
A referendum mechanism is perhaps not only the BETTER option, is is more consistent with the spirit of the Charter Amendment that seeks to protect the quality of life of Villagers -
- BY MAKING THE WILL OF THE VILLAGERS, AS EXPRESSED IN A REFERENDUM, the FIRST hurdle for any such proposal / development to jump.
I propose that the majority for approval be the SAME 75% or higher test, and that the next step (SUPER-majority approval by the Council) be the SAME as with the Amendment as it applies to Private Schools.
Doing so would create consistency and fairness. Anything less smacks of discrimination and unequal treatment.
I would like to point out that the Council voted in a majority to appeal Alexander School’s lawsuit victory, in which the Charter Amendment was found unconstitutional and unfair by a lower court.
The logic applied by the Mayor and Council was to “defend the Charter the Villagers approved”.
When he queried the Village Attorney, “What should we do?” the Attorney said, “Defend the Charter the Villagers approved”.
So a majority of the Council Members voted to appeal, and the Village won at the higher court level.
SO, if it has been upheld that the VOTERS should be the first line of defense, by referendum, in protecting quality of life, then YOU as Council Members should actively apply the logic and spirit of the Charter to defend the quality of life in the Village - by PROPOSING and PASSING an item to require a referendum, to put ALL such developments before the voters.
Let a super majority of US, the voters, decide whether a super majority of YOU, the Council, should then be able to decide / pass, such serious issues affecting our quality of life.
If 75% or more of the Villagers want a Community Center or a Charter School, fine, that is the will of the supermajority. THAT is the majority that should be required, before you should be able to even consider the possibility.
THAT would be consistent with the Charter Amendment as it applies tp private school enrollment increases.
PLEASE put that option before the voters. If you believe and trust in the fairness and wisdom of the Charter Amendment, and of the Villagers, why would you not do this?
Sincerely
James McGhee II
8621 SW. 142nd St.
Miami, FL 33158