Update by Village Attorney, Dexter Lehtinen, on VMU Lawsuit Challenging the Village Mixed-Use Zoning and Preserving 22-Acre Pine Rockland
PALMETTO BAY, FL, SEPTEMBER 23, 2016
- In litigation challenging
the Village of Palmetto Bay's zoning action regarding the Village Mixed-Use Zoning District (the old Burger King property) and preserving 22 acres of Pine Rockland, the Appellate Division of the Circuit Court ordered that Palmetto Bay should file a response to the Plaintiff's initial pleading.
The Village of Palmetto Bay's preliminary motion to dismiss without litigating the case was denied on procedural grounds. The Village had hoped that the lack of a written transcript produced by the Plaintiff April Burch, the lack of a testimony at the zoning hearing by the Plaintiff, and other procedural defects, might serve to stop the litigation in its preliminary stages, before any response was needed from the Village, thus saving financial costs to all parties.
Palmetto Bay will file its first response within the next month, presenting all legal arguments for the first time and, in addition, repeating the same arguments contained in the preliminary motion.
"We figured we had some chance of getting it dismissed on preliminary procedural grounds without wasting the court's time on the overall legal merits, but the court prefers to have a complete response filed instead of addressing the matters separately," Village Attorney Dexter Lehtinen said. "The ruling is not surprising, but we would have liked to have knocked out this case on preliminary procedural grounds now. Nothing has been decided on the merits of this case yet."
"We are confident that the Village's actions in preserving 22 acres of Pine Rockland, eliminating a hotel, and restricting further development, will be upheld," Lehtinen concluded.
About Palmetto Bay
Palmetto Bay is a vibrant, family-oriented community in the South Miami-Dade area, situated along the beautiful Biscayne Bay. Known as the "Village of Parks" for its amazing park facilities and bountiful recreational amenities, Palmetto Bay is one of the most desirable places to live in South Florida. Adding to its allure are the excellent private and public schools within the Palmetto Bay boundaries. To learn more about our awesome community, please visit our website.
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