South Dade Updates. My best method for keeping everyone up to date on important matters affecting our community.
Wednesday, November 20, 2024
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Tuesday, November 19, 2024
Now armed with a strong appellate decision in their favor, is the stage set for victory by Fairchild Subdivision applicant against Palmetto Bay?
Are Palmetto Bay officials about to take an additional loss in regard to the Fairchild Subdivision zoning application? (CLICK HERE to view prior related articles relating to FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY.)
Little has been said (I think nothing has been said) by the Palmetto Bay PR machine relating to the second case pending at the Circuit Court level. This case is also styled FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY, but has been pending before a trial court under case number 2023-016828-CA-01. This case was heading to trial; the trial judge having denied cross motions for summary Judgments filed by each party back in late June, 2024.EDITOR’S NOTE: What is a summary Judgment? : Summary judgment is a procedure used in civil lawsuits to fast track the litigation process and avoid unnecessary trials in those cases where there are no genuine disputes as to any material fact, and the moving party is entitled to judgment as a matter of law.
It appears that the Plaintiffs will be making a renewed attempt to secure a summary judgment in their favor (win) and avoid trial. This appears to be based upon the Order rendered by the Appellate Division, fully favorable to the plaintiff, slamming the Village of Palmetto Bay. See prior related post: Fully unfavorable decision rendered against the Village of Palmetto Bay by the court in FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY, 2023-000033-AP-01
The new Plaintiffs may argue that this appellate decision changes everything – and that the prior denial of their motion for Summary Judgment should be reconsidered in light of the Appellate Court ruling that Palmetto Bay officials "...failed to follow the essential requirements of the law, rendered a decision wholly unsupported by competent substantial evidence and subjected Petitioner to reverse spot zoning that resulted in a confiscatory taking of its real property.”
This was a damning opinion and it was not contested by the village officials – they accepted the findings of that order without seeking a rehearing or appeal.
This hearing is presently set for December 3, 2024, at 9:30 AM. Before the Honorable Spencer Eig. Things are getting interesting once again – and interesting is not often good for the Village of Palmetto Bay.
The details
(for those who like to take deeper dives):
Each side had
filed their own motions for Summary Judgment in this case. Fairchild Bay filed its motion on September
28, 2023. Palmetto Bay filed its motion for Summary Judgment on November 29,
2023. The Trial Judge had DENIED the
summary judgments filed by both Fairchild Bay and Palmetto Bay by order dated
June 28, 2024. The appellate order was released months later, on September 10, 2024.
So what has changed since those orders?
First of all, the parties have changed. The ownership rights of the property has changes. On February 22, 2024, the ownership of the Property was transferred from FAIRCHILD BAY SUBDIVISION LLC to Marcos R. Becari. Thereafter, on July 24, 2024, the ownership was transferred to Marcos R. Becari and Ann E.Becari as life tenants. As a result, Marcos R. Becari and Ann E. Becari have succeeded to all rights, title, and interest in the subject matter of this action.
The next big question is whether the named individuals are actually new parties or did they simply dissolve the LLC and step in individually? Also, will the new parties be more willing to work with this council or will they will take a harder line, especially armed with the recent appellate order?
We will wait and see. The hearing is set for Tuesday, December 3 at 9:30 AM – which is Judge Eig’s standard Motion Calendar schedule. Motions for summary judgments usually require a special set as they take longer than a simple 5 minute motion. Perhaps this is a hearing to discuss the appellate order and to discuss when to specially set the summary judgment motion for rehearing based upon the order.
About Fairchild Bay Subdivison LLC – this was a Florida Corporation that has been administrative dissolved, no longer in existence. The only officer listed was Sainz Homes, as manager and registered agent.
Mrs. Sainz, identified as the Petitioner's representative (Fairchild Bay Subdivison LLC), had testified before the Palmetto Bay Council that the Petitioner intended to subdivide the property; build two homes for the owners and have two single family homes available for sale.
I am unaware of the specifics as to the prior relationship, if any, Marcos R. Becari and Ann E. Becari, to the original applicant/Petitioner Fairchild Bay Subdivison LLC, or if this impacts the prior representation that two of the homes would be for owners or if all homes are to be developed and sold to unrelated parties.
Monday, November 18, 2024
The election results have been certified - and now its official: 24-Year-Old Mark Merwitzer Becomes Youngest Vice Mayor In Palmetto Bay’s History
A new generation is stepping up to lead. These are exciting times for Palmetto Bay.
The election was certified last Friday so the results are now official.
Mark's hard work and perseverance paid off in the face of vicious rumors and baseless attacks. He ran an outstanding positive campaign based upon his qualifications and vision for our community.
As reported in the Palmetto Bay News: Mark’s campaign was considered a long shot. He faced an incumbent vice mayor supported by influential figures like the county mayor, local school board member, village mayor, and current and former Palmetto Bay and Pinecrest councilmembers, to name a few. Despite these odds and running against an opponent funded by political action committees, his grassroots campaign resonated with voters eager for change.
Perhaps his biggest challenge will be working with Council Member Dr. Marsha Matson to restore civility, accountability and transparency to Palmetto Bay.
Tuesday, November 12, 2024
Vice Mayor elect shows class and thanks his fellow residents. We look forward to great things in the years ahead
A very nice thank you from Vice Mayor Elect Merwitzer. I would expect no less as he is a product of this fine village:
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Sunday, November 10, 2024
Exciting times - 24 year old Mark Merwitzer - Palmetto Bay's next vice mayor
Wednesday, November 6, 2024
Congratulations Mark Merwitzer - Palmetto Bay's next Vice Mayor!
A new generation is stepping up to lead. Exciting times for Palmetto Bay.
Mark's hard work and perseverance paid off in the face of vicious rumors and baseless attacks. He ran an outstanding positive campaign based upon his qualifications and vision for our community.
I am excited to see what Mark will accomplish for Palmetto Bay. He is a true son of Palmetto Bay - born and raised in our fine village.
Perhaps his biggest challenge will be working with Council Member Dr. Marsha Matson to restore civility, accountability and transparency to Palmetto Bay.
Sunday, November 3, 2024
Palmetto Bay campaign - getting physical and out of bounds. Well, I see this uncivil behavior at the polls as a reflection of the uncivil behavior from the current Palmetto Bay Council
Did anyone imagine this type of behavior here in Palmetto Bay? I am shocked and dismayed. As reported by the Palmetto Bay Neighbors Alliance in an email of Sunday, November 3, 2024 - supporters of the current council members continue to sink lower in their brutal campaign tactics. Now the police have been required to get involved. This hurts. My Palmetto Bay is much better than this.
Where are the candidates to whom these campaign workers are responsible to either explain or reject this incident?
See below:
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