Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom – seeking an administrative review of the rezoning of the properly commonly referred to as the “FPL Cutler Plant” property. Link to 616 page petition provided.

Litigation has commenced before DOAH

Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom – seeking an administrative review of the rezoning of the properly commonly referred to as the “FPL Cutler Plant” property. Link to 616 page petition provided.

I have not had the opportunity to review, having a full day ahead serving clients. I am putting out the link for those who would like to review on their own.  I will review and will offer my observations very soon. 

This action is entitled “PETITION FOR A DETERMINATION THAT VILLAGE OF PALMETTO BAY ORDINANCE #2019-17 IS NOT “IN COMPLIANCE” PURSUANT TO FLA. STAT. §163.3184” and is filed before the Division of Administrative Hearings (DOAH). Petitioner, YACHT CLUB BY LUXCOM, LLC filed a 616 page Petition, pursuant to Fla. Stat. §120.569, §120.57, and §163.3184(5)(a).

DOAH Case No.: 19-004612GM.

This petition was filed with DOAH on August 28, 2019, and has been assigned DOAH Case No.: 19-004612GM. The case has yet to be assigned to a specific Administrative Law Judge.

LINK TO VIEW OR DOWNLOAD COPY OF THE PETITION:

CLICK HERE to view the complete petition. Palmetto Bay officials have not yet had the opportunity to respond. The Village has a statutory period to review and determine its course of action.

RELIEF SOUGHT:

As stated on numbered Page 38 of the Luxcom Petiton (page 39 of the document),

Petitioner, YACHT CLUB BY LUXCOM, LLC, seeks entry of a Recommended Order by the Administrative Law Judge, pursuant to Fla. Stat. §163.3184(5)(d), determining that the Plan Amendment adopted by Ordinance No. 2019-17 is not “in compliance” as defined in Fla. Stat. §163.3184(1)(b) and submission of such a Recommended Order by the Administrative Law Judge to the Administration Commission for final agency action and entry of a final order determining and declaring such non-compliance.

In English, YACHT CLUB BY LUXCOM seeks to overturn the zoning ordinance predicated upon the technical arguments raised within the Petition.
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UPDATES:

08/29/2019, 1:22 PM, Scott Zaslav filed his Notice of Appearance on behalf of the Petitioner, Yacht Club by Luxcom, LLC. at 1:22 PM on August 29, 2019.