Monday, 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.

Litigation update. You can only read this information here. There is no update to the Palmetto Bay litigation page or in any of the email blasts of the village or our elected officials.

UPDATE (Monday, October 21, 2019) Attorneys for the VILLAGE OF PALMETTO BAY COUNCIL have moved 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 motion. It is short and to the point.

Council argument through this motion is that there is no authority in Chapter 163 or Chapter 120 for the inclusion of the Village of Palmetto Bay Council as a separate party in this proceeding pursuant to Florida Statute § 163.3184(5).

Opposing counsel attorneys for the Petitioner, Yacht Club by Luxcom,LLC, has seven (7) days to respond to this motion pursuant to DOAH Uniform Rules of Procedure, Rule 28-106.204(1).

POSSIBLE IMPACT: The Village of Palmetto Bay Council may be dismissed out as a party, but the claim against the Village, Village of Palmetto Bay, would remain intact. Whether a separate motion to dismiss is being prepared remains to be seen. I will update when I become advised of any filings. We will see if the Petitioner, Yacht Club by Luxcom,LLC, responds. The Administrative Law Judge may respond any time after the response is filed, or the time for filing expires (seven days).


CONTINUING SPECIAL NOTE: Palmetto Bay officials continue to neglect 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  4:00 PM, Monday, 10/21/2019). Posting would be for courtesy, as it is not required, but would aid in transparency. As pointed out previously, many of the documents from the prior administrations have been removed from public access online. 

After all, if DOAH can post these (and many other) documents online, why can’t Palmetto Bay? Don't buy the "ADA" argument. DOAH/the Courts are under the same ADA requirements as any other government entity. 

Eugene Flinn

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