The Administrative action filed by Petitioner, YACHT CLUB BY LUXCOM, LLC, is beginning to heat up. Wednesday, September 18, 2019, was a very busy day for the DOAH docket as Petitioner responds to the filing by Palmetto Bay and serves its initial discovery request upon the Village.

The Petitioner (YACHT CLUB BY LUXCOM, LLC) filed a Reply (CLICK HERE to view) to the filing of the Village, the Amended Response to the Initial Order dated September 6, 2019, indicating that:

1. Petitioner objects to the final hearing being scheduled to take place on any of the Village’s facilities as suggested in Paragraph #2.a of Respondents’ Amended Response. Petitioner and Respondents have adverse interests and the final hearing must be held by an Administrative Law Judge in a fair and neutral location. Conducting the final hearing anywhere within the Village clearly is not such a location.

2. In terms of Respondents’ request that the final hearing be scheduled to take place within forty (40) to seventy (70) days from the date of the Initial Order, such a time frame is neither reasonable or realistic given the discovery Petitioner must take prior to the hearing including both written discovery and depositions. Petitioner has the right to conduct such discovery pursuant to 28-106.206 of the Florida Administrative Code.

In its concluding paragraphs, Luxcom, (YACHT CLUB BY LUXCOM, LLC), through their council, reiterated its request as set forth in its Response to the Initial Order that the final hearing be scheduled to take place on either February 19-21, 2020 or February 26-28, 2020.

FIRST REQUEST FOR DISCOVERY FILED BY LUXCOM.

A comprehensive discovery request for production was served upon the Village by Luxcom. CLICK HERE to view this document and read it for yourself.  The Village has a time frame of 30 days to file its initial objections or provide documents requested. The Village may request an extension of time to respond.

Examples of the discovery requests (35 numbered paragraphs) include:

1. All data considered and/or analyzed in any way by the Village relating to Objective LU-12 in Miami-Dade County’s Comprehensive Development Master Plan (“CDMP”), in connection with the enactment of Ordinance No. 2019-17.1

   ***   ***   ****
6. All data considered and/or analyzed in any way by the Village relating to the discouragement of urban sprawl factor set forth in Fla. Stat. §163.3177(6)(a).2.h,5 in connection with the enactment of Ordinance No. 2019-17. 

   ***   ***   ****

9. All data considered and/or analyzed in any way by the Village relating to Goal 6 in the Strategic Regional Policy Plan For South Florida (“SRPP”) in connection with the enactment of Ordinance No. 2019-17.8

   ***   ***   ****

21. All correspondence, memoranda, letters, notes, e-mails, text messages, electronic communications or other like documents sent to CGA by any of the following: (i) Mayor Karyn Cunningham; (ii) Vice-Mayor John DuBois; (iii) Council Member Patrick Fiore; (iv) Council Member David Singer; (v) Council Member Marsha Matson; (vi) Village Interim Planning & Zoning Director, Mark Alvarez; (vii) Village Attorney, Dexter Lehtinen, Esquire; (viii) Village Manager, Edward Silva; (ix) Village Clerk, Missy Arocha, and/or (x) any other employee(s) or agent(s) of any kind of the Village, whether on such individuals’ Village issued computers, phones or any other communication devices or on such individuals personal computers, phones, or any other communication devices concerning, mentioning or relating in any way to:

(i) The Property;
(ii) Luxcom;
(iii) All activities, communications and proceedings relating in any way to the enactment of Ordinance No. 2019-17; 
(iv) The CGA Report; and
(v) All Staff Reports, Staff Memorandums, and Staff Analysis relating to the Property and Ordinance No. 2019-17.
______________________________________________

It is unknown whether the Village will respond by serving Luxcom with a request for discovery.

Luxcom has not tipped their hand on how far their discovery will go. However, other discovery may follow, including depositions of participants, most likely the Interim Planning Director Mark Alvarez.

This ends my review of the DOAH docket as of Wednesday, September 18, 2019. I will update as relevant events occur.

CLICK HERE to view Prior Related Posts.

SPECIAL NOTE: Palmetto Bay officials have apparently chosen 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 Wednesday, 9/18/2019). 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.

Eugene Flinn