Friday, April 22, 2022

Palmetto Bay Village Center Litigation Update – Petition for Cert (a form of appellate review). Palmetto Bay’s response due May 11, 2022.

This update relates to the Petition for Certiorari  (a form of appellate review) filed by the applicant Palmetto Bay Village Center (PBVC) in the case styled as 17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL, case number: 2022-000012-AP-01 . I am working to truly keep interested readers in the loop.

The Court rendered an Order to Show Cause on Thursday, April 21, 2022. This Order is the procedural next step in this case, it in no way indicates that either side has an upper hand in this matter. The Village of Palmetto Bay is now required to file its Response to the Petition for Writ of Certiorari within twenty (20) days of the April 21, 2022, order.

IMPACT:  The Village response is due to be filed no later than Monday, May 11, 2022 (barring any requests for extension of time).

The Village Council was waiting for this order. I expect the Village Attorney to seek an Executive Session with the Village Council to discuss the case and then proceed as instructed by this Mayor and Council.

Does an eventual ruling in this case end the litigation? No. Either party may appeal the eventual Cert decision to the Third District Court of Appeal (3 rd DCA). This is also one of two separate cases filed on the same manner (different relief is sought, two separate cases required).

BACKGROUND - see prior related post of April 1, 2022, More litigation for the Village – The Palmetto Bay Village Center has filed for judicial review – a big read. Initial review and impression – links to critical documents provided

Other significant litigation pending (there are others cases filed that are not currently significant in my opinion):

17777 OLD CUTLER ROAD, LLC, VS VILLAGE OF PALMETTO BAY
Local case number: 2022-006141-CA-01
Filed April 1, 2022

17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL
Local case number: 2022-000012-AP-01  (the case discussed in this post)
Filed April 1, 2022

VILLAGE OF PALMETTO BAY ET AL VS MIAMI-DADE COUNTY, FLORIDA
Local case number: 2022-003627-CA-01
Filed February 25, 2022

AMADO RODRIGUEZ ET AL VS VILLAGE OF PALMETTO BAY
Local case number: 2022-000305-CA-01
Filed January 6, 2022

YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA
Local case number: 2020-023918-CA-01
Filed November 5, 2022

VILLAGE OF PALMETTO BAY, FLORIDA VS MIAMI-DADE COUNTY
Local case number: 2019-031036-CA-01
Filed October 18, 2019

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