The dismissal simply states that LUXCOM has
...opted to assert its legal rights against the Village, pursuant to the Bert J. Harris, Jr., Private Property Rights Protection Act as set forth in Fla. Stat. Sec 70.001 ...As part of this document, LUXCOM served the Village of Palmetto Bay with the pre-suit claim and supporting appraisal pursuant to Section 70.001(4)(a) of the Bert Harris Act.
CLICK HERE to download and view the entire 63 page document (2 pages voluntarily dismissal)
There is a document (beginning page 6) entitled "AN APPRAISAL OF THE FORMER FPL CUTLER POWER PLANT SITE LOCATED AT THE NORTHEAST CORNER OF SW 67TH AVENUE AND SW 152ND AVENUE"(Hereafter simply "Appraisal")
LUXCOM appears to be alleging $21,760,000 in damages under Bert J Harris. The important allegation is contained in the Appraisal (Page two of appraisal, overall page eight of 63) that the Bert J Harris damages are projected at $21,760,000 – an excerpt follows:
Based upon the scope of the assignment, our investigation and analysis of the information contained within this report, as well as our general knowledge of real estate valuation procedures and market conditions, it is our opinion that the Retrospective Market Value of the Fee Simple Estate of the Subject Property, as an institutional use, as of July 29, 2019 was:
It is also our opinion that the Retrospective Market Value of the Fee Simple Estate of the Subject Property, considering the land and zoning use to Estate Density Residential, as of July 30, 2019 was:
Based on these two valuations, it is our opinion that the damages claim for the “Bert J. Harris, Jr., Private Property Rights Protection Act”, as of July 30, 2019 was:
I need more time to review, so updates will follow. I want to get this information out for public discussion. This is an interesting development. We will see the reaction from the Village. I look forward to a strong and spirited defense.