Tuesday, November 12, 2019

Update on LUXCOM litigation v. Palmetto Bay. Five (5) filings prior to noon, Tuesday, November 12, 2019. A very busy day so far.

Tuesday, November 12, 2019, has been a very busy day (as of 10:30 AM) for filings in the DOAH administrative action.  Five (5) filings before noon. Note - the filings were actually made on a Federal Holiday, Veterans Day, so the recorded, effective, date is November 12, 2019.

The following have been filed on the DOAH online docket at time of release of this blog update:
  1. Respondents' Notice of Service of Answers to Interrogatories filed. *
  2. Respondents' Notice of Service of Answers to Expert Interrogatories filed.
  3. Response to First Request for Production of Documents filed.*
  4. Village of Palmetto Bay's Response to Petitioner's Expert Witness Request for Production of Documents filed.*
  5. Village of Palmetto Bay's Witness List filed.*

    CLICK separately on each document listed above to view it on the DOAH docket.
*(note - all documents were e-filed as of 8:00 AM, 11/11, a designated court holiday, so filing date is listed per Rule is as next day, 11/12/2019)

The Palmetto Bay Witness List: The Village listed and therefore reserves the right to call any of the witnesses listed on this list, "... and will further narrow the number of witnesses to be called as discovery is ongoing.":
  • Mark Alvarez, Palmetto Bay Interim Planning and Zoning Director
  • Mohammed Khan, Marlin Engineering
  • Ed Silva, Village Manager
  • Ray Eubanks, Plan Processing Administrator, Department of Economic Opportunity, Bureau of Comprehensive Planning
  • Shereen Yee Fong, Transportation Planner IV, Department of Transportation, District Six
  • Isabel Cosio Carballo, Executive Director, South Florida Regional Planning Council
  • Terry Manning, AICP, Policy and Planning Analyst, Water Supply Coordination Unit, South Florida Water Management District
  • Jerry Bell, AICP, Assistant Director for Planning, Miami-Dade County, Regulatory and Economic Resources
  • Maria Valdes, Miami-Dade Water and Sewer Department (WASD), Chief, Comprehensive Planning & Water Supply Certification
  • Christine Velazquez, Division of Environmental Resource Management (DERM)
  • Wilbur Mayorga, P.E., Chief, Environmental Monitoring and Restoration Division
NEXT UP - It appears that discovery may move from production of documents and sworn to written answers to actual live depositions.

IMPACT: The law firm of LEHTINEN SCHULTZ RIEDI de la FUENTE, Attorneys for Palmetto Bay, appear to be loaded for bear. I like our chances in this DOAH action in December, 2019. It is a shame this firm has been excluded as continuing as Village Attorneys on General matters. I am not privy to the actual documents, the sworn answers or documents. More updates will follow as more information comes to light. The Final Hearing currently remains on schedule for December 18 through 20, 2019; beginning at 9:00 a.m., at Palmetto Bay Village Hall.




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  11:00 AM, Tuesday, 11/12/2019). 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, casting shade on transparency as well as accessibility of these public records.

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. There is no lack of ability for Palmetto Bay elected leaders, only a lack of will to make the records accessible.

Eugene Flinn

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