HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney J
DATE: July 23, 2020` -
RE: City Commission Meeting — July 23, 2020
Resolution affirming the desire of the City to file an Amicus Curiae brief in
the matter of Peter M. Haver, et al. v. The City of West Palm Beach, et al.
Case No.: 4D19-1537, pending before the Fourth District Court of Appeal
File No.: 7665
The attached proposed Resolution affirms the City of Miami's desire to file an
amicus curiae brief advocating for a rehearing in the matter of Peter M. Haver, et al v.
The City of West Palm Beach, et al., Case No. 4D19-1537, pending in the Fourth
District Court of Appeal ("Haver"), that conflicts with a decision of the Third District Court
of Appeal in Lisa M. Detournay, et al. v. the City of Coral Gables, et al., Case No. 3D11-
2012 ("Detourney"), which is favorable to the City.
Attachment(s)
cc: Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/JAG/vja
Attachment(s)
7665 Back -Up Documents
City of Miami
Legislation
Resolution
Enactment Number: R-20-0220
File Number: 7665
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:7/23/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ATTORNEY TO FILE AN AMICUS CURIAE BRIEF IN THE SUPREME COURT OF
FLORIDA ("COURT") CONCERNING THE MATTER OF PETER M. HAVER, ET AL. V.
THE CITY OF WEST PALM BEACH, ET AL., CASE NO. 4D19-1537 SHOULD THE
COURT ACCEPT JURISDICTION.
WHEREAS, in 2013, the Third District Court of Appeal rendered its decision in Lisa M.
Detournay, et al. v. City of Coral Gables, et al., Case No. 3D11-2012 ("Detournay"); and
WHEREAS, the Court in the Detournay case held that a third party could not sue to
require a municipality to enforce its building and zoning ordinances; and
WHEREAS, on June 10, 2020, the Fourth District Court of Appeal rendered a decision in
Peter M. Haver, et al. v. City of West Palm Beach, et al., Case No. 4D19-1537 ("Haver"); and
WHEREAS, the Court in the Haver case disagreed with the holding in Detournay and
certified direct conflict with the Detournay decision; and
WHEREAS, because of the favorable principles set forth in Detournay, it is in the best
interest of the City of Miami ("City") to file an amicus curiae brief before the Supreme Court of
Florida ("Court") should the Court accept jurisdiction;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission authorizes the City Attorney to file an amicus curiae
brief in support of the City of West Palm Beach before the Court should the Court accept
jurisdiction.
Section 3. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
6 ria i ' ndez, ity ttor ey 7/14/2020
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.