Monday, November 25, 2019

LUXCOM filed a last-minute motion to allow the filing of an Amended Petition (total 647 pages)

Now it gets really interesting - and not necessarily in a good way.  I am still taking a deep dive in this filing, but I want to put this new fact out there for others to review and be aware of as it impacts this important issue.

Luxcom filed a last-minute motion to allow the filing of an Amended Petition (total 647 pages), filed at 3:14 PM, on Monday, November 25, 2019. (CLICK HERE) to view this DOAH filing. I refer to this filing as ‘last-minute’ as the final hearing is set for December 18 through 20, 2019, beginning at 9:00 a.m. We are a mere 3 weeks and two days prior to the expected start date of this Final Hearing.

The motion for leave to amend was filed Monday, November 25, 2019. The motion is only six (6) pages long, but the amended petition itself is 641 pages with exhibits for a total of 647 pages (including amended petition and exhibits). 

LUXCOM's right to file this amended petition is far from automatic. The judge has to approve this motion, to allow the filing of this amended petition. The Judge may DENY this motion and force LUXCOM to try this case on December 18th based solely upon the original petition.

The amended petition is based upon an expert hired by Luxcom, identified as Michele C. Mellgren, AICP, identified as a professional urban planner and the principal of The Mellgren Planning Group, Inc. You can review her report, identified as ‘Exhibit "Q-1”’ located on Page 564 of 647

Luxcom seeks leave to file and serve the attached Amended Petition which is the same as the original Petition except with respect to the addition of Section - "VI.B" which asserts the grounds and arguments relating to the Plan Amendment's non-compliance as set forth and explained in detail in the report of Luxom's expert - Michele Mellgren a copy of which report is directly incorporated into the Amended Petition and attached thereto as Exhibit "Q-1.”

Michele C. Mellgren, AICP, is a professional urban planner and the principal of The Mellgren Planning Group, Inc., which is a planning, zoning and land use consulting firm located in South Florida. Ms. Mellgren holds a Master’s Degree in Urban and Regional Planning from The George Washington University in Washington, D.C.; is certified by the American Institute of Certified Planners; and, has more than 30 years of experience in planning, zoning and land use issues. She has also qualified in both Federal and Circuit Courts as an expert in planning, zoning and land use matters. 
Through legal counsel for Yacht Club by Luxcom, LLC (Luxcom), Ms. Mellgren was retained to analyze the land use plan amendment (LUPA) initiated and adopted by the Village of Palmetto Bay, FL for the former Florida Power & Light Company (FPL) site presently owned by Luxcom. The purpose of this study is to analyze whether the LUPA is “in compliance” as the term is defined in Sec. 163.3184 F.S., which includes the regulatory requirements in Sec. 163.3177 F.S.
(The two paragraphs quoted above was taken verbatim from page 568 of 647).

There will be more to come at a later date. For now, we all can read up on this case.

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