Breaking News- Third District Court of Appeal REVERSES the trial court order striking the Citizen's Initiative regarding private school expansion

Congratulations to our Village Attorney Dexter Lehtinen for a significant victory for Palmetto Bay before the Third District Court of Appeal in the appellate case, No. 3D16-1201, Lower Tribunal No. 15-24018, Village of Palmetto Bay, Florida, Appellant, vs. Alexander School, Inc., Appellee.

As I requested, Palmetto Bay defended the Village Charter.  (This is a duty of your Mayor and Village Council).

The Third District Court of Appeal released its opinion today, Wednesday, March 15, 2017 - finding in FAVOR of Palmetto Bay and reversing a trial court Summary Judgment striking the citizen Initiative Charter provision requiring a 75% vote of surrounding electors prior to a private school expansion. Note that this does NOT end the litigation - it is not the final ruling.  The Summary Judgment is reversed and the matter is remanded back to the trial court for further proceedings.

CLICK HERE - to view the full 7 page opinion posted online with the Third District Court of Appeal.

This is good news for the Village and establishes Attorney Lehtinen's reputation as a outstanding legal advocate for the Village of Palmetto Bay.  Palmetto Bay has been represented by Dexter W. Lehtinen and Claudio Riedi of Lehtinen Schultz Riedi Catalano de la Fuente, PLLC.

From the appellate order:  The Village of Palmetto Bay (the “Village”) appeals a final summary judgment entered in favor of Alexander Schools, Inc. (“Alexander School”) finding Section 10.1 of the Village’s Charter to be unconstitutional. We reverse the trial court’s ruling. We find Section 10.1 is not arbitrary or ambiguous and the record shows that Alexander School failed to meet the high burden required to show that the ordinance is unconstitutional.

It is far too early to determine what the next step will be, if any, from the Alexander Schools, Inc. 

I would expect a motion for rehearing, then, if unsuccessful, further proceedings before the trial court upon remand of this claim. There is no guaranteed time line for resolution of a motion for rehearing.

Palmetto Bay Charter, Section 10.1, ruled unconstitutional on May 9, 2016

Court ruling is fully adverse to a Palmetto Bay Charter provision.

The Alexander Montessori school has been denied its expansion based upon its failure to obtain the 75% approval of eligible voters as required under the Village of Palmetto Bay Charter, Sec. 10.1 Private School Expansion. 

The Alexander School filed a lawsuit contesting this charter provision (Alexander School vs. Village of Palmetto Bay, case number 2015-024018 CA20).  Circuit Court Judge William Thomas ruled on May 9, 2016, the Charter language found in Section 10.1 was unconstitutional, the ruling and its language is attached (photo #2).

WHAT THIS MEANS (FOR NOW): The Alexander School can submit for expansion and not need 4/5 vote of the Council or have a special referendum of residents surrounding the property.

COUNCIL ACTION: The item has been added to the Zoning Council meeting for discussion on May 16, 2016 at 7 pm.

Sec. 10.1 Private School Expansion.
The number of enrolled students of any private school within the Village of Palmetto Bay shall not be increased without prior approval by a fourth-fifths (4/5) vote of the Village Council. No such approval shall be adopted by the Village Council until the request to increase enrolled students is submitted to a vote of Village of Palmetto Bay electors living within a 2,000 foot radius of the applicant school property by referendum, and 75 percent of the electors voting approve of such increase in enrolled students.
A list of Village of Palmetto Bay registered voters within the 2,000-foot radius of the school property shall be prepared by the Village Clerk. Any elector who resides on property or a portion of property that is within the 2,000 foot radius of the school seeking to increase the number of its enrolled students shall be eligible to vote in the election required under this provision. The cost of the election (including reimbursement to the city for all costs relating to the preparation of the list of eligible electors) required under this provision shall be borne by the school seeking to increase the number of its enrolled students.

I have no additional information at this time, but I will update with any relevant information as it becomes available.  For more information, please attend the May 16, 2017, meeting live, via online or WBAY broadcast.

Eugene Flinn, Mayor

Is an election do-over in the works? School expansion vote falls short - Palmetto Bay - MiamiHerald.com

School expansion vote falls short - Palmetto Bay - MiamiHerald.com
Will there be an election do-over?

The Montessori school in Palmetto Bay wanted a to improve their school , offering up a new master site plan that included significant updating and replacement of the one-story north and south buildings with two-story L-shaped facilities.   

Improvements cost money, and as the school officials stated, moving forward with this plan is contingent upon increasing the enrollment.  As reported in the Miami Herald, School expansion vote falls short, by Lidia Dinkova; James McGhee, the school’s headmaster advised that “It makes no sense to build such a large facility without an increased enrollment.”

So how many new students was Alexander Montessori School seeking?  59.  An increase of the maximum number of students from 270 to 329.  This is for the six-acre Ludlam Road Elementary Campus, 14850 SW 67th Ave.  This is not the campus located at the corner of 144^th and Old Cutler Road.

 “We had hoped to win but we knew that 75 percent of the vote was a very high bar to get over,” said James McGhee, the school’s headmaster. “But we are not going to give up.”

McGhee said school officials will consult with their attorney and the village to discuss other options, such as repeating the referendum, to reach their goal.

Only voters who live within 2,000 feet of the school received ballots in the mail during the recent special election. That added up to 330 people of whom 119 sent back their ballots, according to Miami-Dade County Elections Department results certified by Palmetto Bay.

“It’s very possible that if we had to conduct the referendum again, more people would vote, and we could get the needed votes,” McGhee said. And if he gets a second referendum, he said he would work harder to educate residents about the school's expansion plans.

Election update: Palmetto Bay's Alexander Montessori School expansion vote

I was advised that the Miami-Dade County Elections Canvassing board met at 10:00 AM today, Wednesday, June 26. CLICK HERE to view the Canvassing Board's certification of election. 

The vote totals are now official - 78 votes in favor of expansion (66.10%) versus 40 votes against (33.90%).  The Alexander Montessori School needed 75% approval to move their application forward.

The next step is for the Village Council to pass a resolution certifying this election. The resolution should be on the July 11, 2013, regular council meeting agenda.

Palmetto Bay's Alexander Montessori School - No expansion - at least for now

The Alexander Montessori School failed to meet the 75% threshold in the special election that was held on June 25, 2013.  This was a special election unique to the Village of Palmetto Bay -- a mail ballot election only for residents within 2,000 feet of Alexander School, which is located at 14850 SW 67 Ave.

 

The results were announced last night. I have learned that they may still be 20 votes outstanding for the canvassing board to consider, so things may still change. We will know more when the canvassing board meets at 10 AM today.

Summary Report Palmetto Bay Special Election - June 25, 2013 Unofficial Results Precincts Counted 2 (100%) Absentee Precincts Counted 1 Registered Voters - Total 330 Ballots Cast - Total 110 Voter Turnout - Total 33.33% Question 1 City: Palmetto Bay Special Election Votes % Yes 71 65.14 No 38 34.86

All results are unofficial until certified by the municipality

 

click "Read more" for the full ballot information