Tuesday, June 21, 2022

87th Bridge litigation update - No hearing yet to resolve the County's Motion to Dismiss


June 17, 2022: The court rendered an order requiring the parties to prepare and file a comprehensive case management report (pursuant to Administrative Order AO 21-09). This report is presently due no later than Friday July 8, 2022. The report will provide significant details to aid the court in moving this case to resolution. 

CLICK HERE to view the blank sample  case management report that was provided in the June 17 Case Management Order.

A case management hearing was held on June 17, 2022.  I did attend as an interested observer. The hearing was held via zoom virtual platform. 

IMPORTANT NOTE: Court proceedings are open to the public in Florida with few exceptions and then proceedings may be closed only if there is no reasonable alternative to closure; closure being the least restrictive form available.  

Results of the case management hearing held on June 17, 2022: No substantive items were resolved. The parties were directed to contact the court on the following Tuesday (6/21/2022) and attempt to secure an early hearing date on the pending motion to dismiss. the court also notified the attorneys that this case was put on one hour standby; that all parties should be ready to argue the motion to dismiss within an hours notice (experience tells me the court would attempt to provide more notice as scheduling permits) in the event that sufficient time becomes available on the court hearing docket.

The lawsuit is progressing slowly.  I had commented previously that this case may be different for Palmetto Bay due to appearances by Palmetto Bay Resident Norman Waas as a volunteer attorney on behalf of the Village of Palmetto Bay.  As I stated before, and without reservation, he is a highly respected litigator. He has incentive as a resident who has opposed the bridging of 87th avenue, adding his passion and extensive litigation experience. 

It was also announced at this hearing that Miami-Dade County has schedule an August 2022 groundbreaking for the 87th Avenue Bridge project.

I assume, or at least it is my hope, that the public will receive a full briefing on the status of this lawsuit at the July Regular Village Council Meeting.

Prior related posts:

April 8, 2022, The Weekend Read - the Palmetto Bay bridge litigation. Important updates. Links to important documents supplied

Background information is also provided in a prior related post of February 4, 2022, Mediation ended in an impasse – will the mayor and council file the lawsuit? Key local attorneys are ready to step in for residents in opposition to the bridge. as well as January 20, 2022, Miami-Dade County will hold the Joint meeting with Palmetto Bay today, Thursday, January 20, 2022, at 12:45 PM. There is a public comment section listed on the agenda.

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