HomeMy WebLinkAboutAgenda Item Summary FormIli OF
AGENDA ITEM SUMMARY FORM
* """:111, File ID: #9220
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Date: 06/11/2021 Requesting Department: City Commission
Commission Meeting Date: 06/10/2021 Sponsored By: Francis Suarez
District Impacted:
Type: Resolution
Subject: Appellate Review - Miami -Dade County v. City of Miami, Case No. 19-167 AP
Budget Impact Analysis
Total Fiscal Impact:
Reviewed By
City Commission
Nicole Ewan
Meeting
Completed
06/10/2021 9:00 AM
Legislative Division
Marta Gomez
Legislative Division Review
Completed
06/15/2021 6:05 PM
Office of the City Attorney
Barnaby L. Min
Deputy Attorney Review
Completed
06/15/2021 6:16 PM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
06/15/2021 6:27 PM
Office of the Mayor
Mayor's Office
Signed by the Mayor
Completed
06/22/2021 5:05 PM
Office of the City Clerk
City Clerk's Office
Signed and Attested by the City Clerk
Completed
06/22/2021 5:35 PM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
06/23/2021 2:29 PM
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Resolution
www.miamigov.com
Enactment Number: R-21-0244
File Number: 9220
Final Action Date:6/10/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO SEEK FURTHER APPELLATE REVIEW BY FILING A PETITION FOR
WRIT OF CERTIORARI IN THE THIRD DISTRICT COURT OF APPEAL IN THE
MATTER OF MIAMI-DADE COUNTY V. CITY OF MIAMI, CASE NO. 19-167 AP.
WHEREAS, Miami -Dade County ("County") sought a Certificate of Appropriateness
("COA") from the Miami Historic and Environmental Preservation Board ("HEPB") involving the
Coconut Grove Playhouse ("Playhouse"); and
WHEREAS, the HEPB denied the County's request for a COA and the County appealed
to the City Commission that ultimately granted the County's appeal thereby approving the COA;
and
WHEREAS, the Mayor vetoed the decision of the City Commission, which was not
overridden by the City Commission, and the County filed an appeal to the Appellate Division of
the Circuit Court; and
WHEREAS, after a remand from the Third District Court of Appeal, the Circuit Court
found that the Mayor's veto was supported by competent, substantial evidence but nevertheless
ruled in favor of the County because of some ex parte communications and did not afford an
opportunity for the Mayor to rebut the presumption of prejudice to the County; and
WHEREAS, the applicable law allows the City of Miami ("City") to seek further appellate
review in this matter by filing a petition for a writ of certiorari in the Third District Court of Appeal
("3 DCA"); and
WHEREAS, because of the importance of the issues raised in this matter, it is in the best
interest of the City to seek further review; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an
emergency nature;
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 directs the City Attorney to seek further appellate
review by filing a petition for writ of certiorari in the 3 DCA in the matter of Miami -Dade County v.
City of Miami, Case No. 19-167 AP.
Section 3. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.