Tuesday, September 24, 2019

Pre-Hearing order rendered 9/24/2019. Detailed order providing guidance for procedure and court imposed deadlines. Update on Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom.

The case is heating up and is presently heading toward discovery and a final hearing.  The Honorable Francine M. Ffolkes, Administrative Law Judge, rendered an ORDER OF PRE-HEARING INSTRUCTIONS posted to the DOAH docket on Tuesday, September 24, 2019. Please note that this order does not set the actual date or the location of the Final Hearing. The Order setting date, time and location was set in a separate order also filed 9/24/2019.

Final Hearing set as follows:

WHEN:             December 18 through 20, 2019, at 9:00 a.m

WHERE:          Palmetto Bay Village Hall, Second Floor, Ron E. Williams Training Room, 9705 East Hibiscus Street, Palmetto Bay, Florida

ISSUE:             Whether Ordinance 2019-17 adopted by the Village of Palmetto Bay on July 30, 2019, is "in compliance" within the meaning of section 163.3184, Florida Statutes.

AUTHORITY:             Chapter 120, Florida Statutes; and Florida Administrative Code Chapter 28-106, Parts I and II.

The Order of Pre-hearing Instructions is a comprehensive order providing discovery, notice and deadline requirements. Please CLICK HERE to view the actual six (6) page order. This order provides for the following (as well as much more detail, so you need to read the full order to see):

Resolution session. The parties shall meet within 15 days of the date of this Order in an effort to amicably resolve this cause.

Discovery. Including the order that "Discovery should be commenced immediately." 

Witness disclosure. Including the order that "All witnesses, including expert witnesses, shall be disclosed no later than 40 days prior to the date of the final hearing. The witnesses shall be identified by name, address, and field of expertise, if any. 

Attorneys' conference.
(a) Counsel for all parties shall meet no later than 15 days prior to the date of the final hearing, and shall:
(i) Discuss the possibility of settlement;
(ii) Stipulate to as many facts and issues as possible;
(iii) Prepare the pre-hearing stipulation as required by this Order;
(iv) Examine all exhibits that are expected to be offered into evidence at the hearing;
(v) Furnish opposing counsel the names and addresses of all witnesses that are expected to be called at the hearing; and
(vi) Complete all other matters which may expedite the hearing in this cause.
(b) Counsel for the Village of Palmetto Bay Council and Village of Palmetto Bay shall initiate arrangements for the attorneys' conference. However, all counsel are charged with the duty of meeting and of complying with the requirements of this Order.

Again, this is a comprehensive order. Please CLICK HERE to view the actual six (6) page order to review all the details of what this order covers.

CLICK HERE to view PRIOR RELATED POSTS regarding this LUXCOM administrative proceeding before DOAH.

SPECIAL NOTE: Palmetto Bay officials have continued to not to update the “litigation page” online to include any information relating to this action (or other recent actions) on the official village website (at least as of  3:00 PM, Tuesday, 9/24/2019). Posting would be for courtesy, as it is not required, but would aid in transparency. Many of the documents from the prior administrations have been removed from public access online. If DOAH can post these (and many other) documents online, why can’t Palmetto Bay?

Eugene Flinn

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