PALMETTO BAY FILES ITS RESPONSE TO INITIAL ORDER. Update on Petition filed against the Village of Palmetto Bay by Yacht Club By Luxcom.

CLICK HERE to review the actual filing entitled: “RESPONDENTS VILLAGE OF PALMETTO BAY COUNCIL AND VILLAGE OF PALMETTO BAY’S AMENDED RESPONSE TO INITIAL ORDER” (e-filed at 1:07 PM, on Wednesday, September 18, 2019).  Counsel for Palmetto Bay takes issue with the claim of Luxcom Counsel, that they were non-responsive.  Other than that, the document states that the Palmetto Bay Village Council and the Village of Palmetto Bay agree with Petitioner’s report, except in two respects:

a. The final hearing in this matter should be held in the general vicinity of the property at issue, i.e., in South Dade. The Village has facilities where such hearing can be conducted with the least cost to taxpayers. The sole reason why Petitioner requested a hearing in North Miami-Dade County is because Petitioner’s counsel’s office is in Fort Lauderdale, Broward County. That is not a proper reason for a North Dade hearing.

b. The hearing should take place within 40 to 70 days according to applicable Rules. Within those days, Respondent’s counsel is not available from October 25 to November 11, due to a confirmed trial schedule and due to pre-paid professional travel abroad.

IMPACT – Marginal – no contest to the Petition (at least as of this date). This document is asserting that the proceedings (if any are to be held) should be held in or near Palmetto Bay, Florida.

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Eugene Flinn