Wednesday, June 10, 2020

Appellate court update: YACHT CLUB BY LUXCOM, LLC vs. VILLAGE OF PALMETTO BAY, FLORIDA, Third DCA Case Number: 3D19-1495, Lower Tribunal Case(s):19-11663

This is an update - Palmetto Bay is currently embroiled in an Appeal pending before the Third District Court of Appeal. We are at decision point. All the briefs have been filed. The Third District Court held Oral Argument on June 1, 2020. All that is left at this point is for the appellate court to discuss and render a decision. 

There are times when supplemental authority is filed, but that does not appear to be the case here - I am basing this on the fact that oral argument was 9 days ago (June 1) and I would have expected supplemental filings to been made very shortly to the oral argument.

This appeal is of a dismissal of Circuit Court Case No.: 2019-011663-CA-31 (Order rendered 7/01/2019) that dismissed the complaint filed by LUXCOM. The basis of the dismissal was stated in the final order of dismissal in that the Plaintiff, LUXCOM, has other remedies, that LUXCOM is "...fully able to raise and assert all of the claims asserted in this Complaint, after final agency action, through a Petition for Writ of Certiorari on a zoning map amendment, or through a Petition to the Division of Administrative Hearings on a comprehensive plan amendment."

See PRIOR RELATED POST of November 19, 2019, Litigation update: YACHT CLUB BY LUXCOM, LLC vs. VILLAGE OF PALMETTO BAY, FLORIDA, Third District case number 3D19-1495

I will post the Order once it is rendered and published to the online court docket. 

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