The LUXCOM litigation is far from over, so our elected officials should put out their victory cigars and stop the back patting, or at least put in on hold for now. In something that has not been put out in any Village Update, Palmetto Bay is back before the Third District Court of Appeal in the ongoing legal battles with LUXCOM. A Petition for Certiorari was filed on December 30, 2020 (what a way to end an already bad year). LUXCOM continues to contest, to quash, (or reverse), Ordinance No. 2019-18 of the Village of Palmetto Bay which amended the Village’s official zoning map by revising the zoning designation of a parcel of land owned by Luxcom to one unit an acre (as I have stated, this action by the Village is fully defensible). I would expect that Palmetto Bay should prevail on this latest action before the Third District Court of Appeal.
This action is styled YACHT CLUB BY LUXCOM, LLC, vs. VILLAGE OF PALMETTO BAY COUNCIL, et al., Case Number: 3D20-1950, (Lower Tribunal Case(s):19-265-AP, Ordinance No.: 2019-18).
Judges of the Third District Court of Appeal rendered an order on January 6, 2021, requiring Palmetto Bay, the Respondents, “… to file a response within twenty-one (21) days from the date of this Order to the Petition for Issuance of Writ of Certiorari….” Wednesday, January 27, 2021, is the present date for the filing (unless extended by the Court).
BACKGROUND can be found in the PRIOR RELATED POST of December 1, 2020, Palmetto Bay wins round II – Court sides with Palmetto Bay. Luxcom's Petition for Writ of Certiorari is DENIED. Opinion released Tuesday, 12/1/2020
TRANSPARENCY ALERT: Here we go again. Does anyone else here feel like they are not being kept in the loop as to this extensive ongoing litigation? Those who want to know need to continue to track public court dockets for information. There once was a time when Palmetto Bay maintained a page on the Village website where updates were posted relating to litigation, but those were different times, and different directions on transparency under two different prior Mayors, both Stanczyk and Flinn. This lack of information is quite sad. Obviously the most recent election failed to led to increasing transparency or reporting to Village residents.
IMPACT: The Village of Palmetto Bay is now required to file our response on Wednesday, January 27, 2021, unless this deadline is extended by the court. Attorneys for Palmetto Bay will be arguing in support of the decision of the Appellate Division of the 11th Judicial Circuit. LUXCOM then has seven (7) days from date the Village files its Response, again, unless this deadline is extended by the court.
The Judges assigned to this Petition may affirm or reverse the action of the lower court decision. This is another wait and see period.
It is starting to smell like the Palmer Litigation. CLICK HERE to view some prior related posts relating to the past Palmetto Litigation.
RESEARCH NOTES: Litigation history LUXCOM v. Village of Palmetto Bay:
Circuit Court, including Appellate Division:
YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA
Case Number 2020-023918-CA-01 Filed 11/05/2020 OPEN
YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY COUNCIL ET AL
Case Number 2019-000265-AP-01 Filed 08/29/2019 CLOSED
YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY ET AL
Case Number 2019-025745-CA-01 Filed 08/29/2019 CLOSED
YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA
Case Number 2019-011663-CA-01 Filed 04/17/2019 OPEN
Third District Court of Appeals
YACHT CLUB BY LUXCOM, LLC vs. VILLAGE OF PALMETTO BAY, FLORIDA,
Third District case number: 3D19-1495 CLOSED
YACHT CLUB BY LUXCOM, LLC, vs. VILLAGE OF PALMETTO BAY COUNCIL, et al.,
Third District case number: 3D20-1950 OPEN
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