Saturday, December 7, 2024

Update of Fairchild development / litigation. The loss in court in now complete – Village officials cave – and without argument – enter into an agreed final judgment in favor of the developer.

Palmetto Bay officials have surrendered and did not contest judgment against the village in the case of FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY, 2023-016828-CA-01. CLICK HERE to view the Order entered on December 5, 2024. 

I expected a Fairchild victory. The Order notes that “…in light of the recently entered opinion by this Court’s appellate division, quashing the Village’s rezoning denial at issue in this case. The Court has reviewed the Motions at a virtual hearing held on December 3, 2024…” but what is surprising is that “… the entry of this Final Judgment is unopposed.” (emphasis added)

When did Village Officials make the decision to accept judgment against the Village? No one knows. We will all have to wait until any shade session transcripts are released before the public finds out.

Village Officials have not released statements about this profound development.

Details are important. This judgment requires Palmetto Bay to take the following action:

PALMETTO BAY will adopt an Ordinance, approving the proposed rezoning of the Property from Agricultural (“AG”) to Estate Modified (“EM”).

PALMETTO BAY is directed, in accordance with applicable law, to properly advertise a rezoning and bring before the Village Council for final decision in the matter of rezoning the Property from Agricultural (“AG”) to Estate Modified (“EM”) by February, 2025.

PALMETTO BAY shall effect the rezoning of the Property from Agricultural (“AG”) to Estate Modified (“EM”).

HOWEVER, and one slight good point for village taxpayers, each side shall each bear their own attorneys’ fees and costs. (Taxpayers will "only" be responsible for the attorneys fees and costs paid to the list of lawyers who represented Palmetto Bay).

We will also now wait for the February zoning hearing to hear about the details.

THE BACKSTORY - PRIOR RELATED POSTS:

See November 19, 2024, Now armed with a strong appellate decision in their favor, is the stage set for victory by Fairchild Subdivision applicant against Palmetto Bay?

September 11, 2024. Fully unfavorable decision rendered against the Village of Palmetto Bay by the court in FAIRCHILD BAY SUBDIVISION LLC VS VILLAGE OF PALMETTO BAY, 2023-000033-AP-01

Wednesday, December 4, 2024

Appellate Court rules against Residents and Palmetto Bay in the bridge appeal.

The action of Miami-Dade County regarding the 87th Avenue bridge has been affirmed on appeal. 

The decision was released this morning deciding the appeal of Village of Palmetto Bay, Florida, et al. v. Miami-Dade County, Florida, 3rd DCA Case no.: 2024-0230.  This was a 14 page decision.  In conclusion, the panel ruled that:

... the County was and is the ultimate decider as to the necessity of the Bridge Project. Because its actions were consistent with the applicable regulatory framework, it acted within its purview in approving the construction. We therefore find no reversible error and affirm in all respects.

CLICK HERE to view the opinion released Wednesday, December 4, 2024.

I will post an analysis later this week, but I am posting the notification and link to the opinion to enable access for any interested readers. 



Monday, December 2, 2024

Best Christmas Commercials Ever Santa Riding A Norelco Razor


This commercial was once the official signal that the Christmas season had arrived.

This was long before the famous Christmas movie - Die Hard - was released.  The current signal is the fall of Hans Gruber from the Nakatomi Building, but that's another story.