NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE
Petitioner, YACHT CLUB BY LUXCOM, LLC, hereby files its Notice of Voluntary Dismissal Without Prejudice only as to Respondent, VILLAGE OF PALMETTO BAY COUNCIL, with each party to bear their own costs and attorneys’ feesThis is a partial victory, but the Village of Palmetto Bay remains a Respondent in this action that moves forward to the December 2019 hearing.
This Council (and the taxpaying public) will miss Village Attorney Dexter Lehtinen's litigation skills. Let’s hope the Village Council finds a way to convince ‘retiring’ Village Attorney Dexter Lehtinen and his firm to carry on in the present litigated cases as runoff work.
See PRIOR RELATED POST of October 21, 2019, Monday, 10/21/2019: Motion to dismiss filed as to Village of Palmetto Bay Council. Update on Administrative action filed by Petitioner, YACHT CLUB BY LUXCOM, LLC. Once again, you can only read this information on this blog or on the official DOAH docket as there remains no update to the Palmetto Bay litigation page or in any of the email blasts of the village or our elected officials.
This notice was worked out between the parties (each side to bear their own costs and attorneys' fees). The Dismissal was filed in response to the motion filed last Monday, October 21, 2019, to dismiss the Petition as against the Village of Palmetto Bay Council arguing that the Village of Palmetto Bay Council is not a proper party to this proceeding. There are two parties listed as respondents to this action. The Village of Palmetto Bay as a municipal corporation as well as the Village of Palmetto Bay Council.
CLICK HERE to view this Notice of Voluntary Dismissal filed Monday, October 28, 2019. It is short and to the point.
More on the scapegoating - see a PRIOR RELATED POST of October 28, 2019, Village Council Chaos - Interaction with Village Attorney at a council meeting - Village Mayor & Council: You have been told repeatedly. You are the voting body. You have responsibilities of reading and knowing what you are voting on.