IMPACT – not much. The response addresses procedural issues which
include:
1. There are no related cases before DOAH;
2. Petitioner estimates that the time necessary to conduct
the final hearing is two (2) to three (3) days;
3. The suggested geographic location for the final hearing
is North Miami-Dade County;
4. Petitioner is available to conduct the hearing during the
month of February, 2020 after discovery is completed. Proposed hearing dates
are: February 19-21, 2020 or February 26-28, 2020.
5. Petitioner is unaware of any need for an ADA accommodation.
Obviously the Petitioner anticipates discovery (as indicated
in #4, above).
There is no assurance that an actual hearing ever takes place, that the Petition is ever actually heard by a DOAH Judge. The DOAH court is not obligated to hear this case. There has been no challenge to the
Jurisdiction of DOAH to hear this issue either filed (yet) by the Village of
Palmetto Bay or any initial consideration of jurisdiction from the DOAH judge.
The DOAH Rules provide as follows (in part):
PART II HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT
28-106.201 Initiation of Proceedings.
* * *
(3) Upon receipt of a petition involving disputed issues of
material fact, the agency shall grant or deny the petition, and if granted
shall, unless otherwise provided by law, refer the matter to the Division of
Administrative Hearings with a request that an administrative law judge be
assigned to conduct the hearing. The request shall be accompanied by a copy of
the petition and a copy of the notice of agency action.
28-106.203 Answer.
A respondent may file an answer to the petition.
(above emphasis added, the respondent MAY, but is not
REQUIRED to file an answer to the petition).
28-106.204 Motions.
* * *
(2) Unless otherwise provided by law, motions to dismiss the
petition or request for hearing shall be filed no later than 20 days after
assignment of the presiding officer, unless the motion is based upon a lack of
jurisdiction or incurable errors in the petition.
See PRIOR RELATED POST of Friday, September 13, 2019, Update on Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom. Initial order rendered. There are links to earlier related posts.
I will continue to be your source for information not being disseminated publicly. This action before DOAH is a publicly noticed and open action, this is not a secret or privileged matter. It can be discussed in public.
Note: Palmetto Bay officials have apparently chosen not to include any information relating to this action (or other recent actions) on the current Village Litigation page of the official village website (at least as of 4:00 PM, Tuesday, 9/17/2019). Posting would be for courtesy, at their own choice, as it is not required.
Opinions stated above are my own.
Eugene Flinn
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