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