HomeMy WebLinkAboutR-79-0414RFC/rb
5/29/79
ESQ
RESOLUTION NO.
79-414
A.RESOLUTION AUTHORIZING FINAL PAYMENT IN THE
AMOUNT OF $4,034.03 TO MICHEL E. ANDERSON, ESQ.
AND JOHN R. FARRELL, ESQ. FOR PROFESSIONAL SER-
VICES RENDERED IN THE'LITIGATION REGARDING THE
REPRESENTATION OF THE CITY OF MIAMI IN THE CASE
OF COCONUT GROVE PROPERTIES, INC., ET AL'V. CITY
OF MIAMI, FLORIDA, SUPREME COURT OF FLORIDA,
CASE. NO. 54,557, WITH FUNDS THEREFOR ALLOCATED.
FROM THE GENERAL OBLIGATION CAPITAL PROJECTS
ACCOUNT ENTITLED PARKS FOR PEOPLE BOND FUND AUDIT
(PROJECT 305129, CODE NO. 310302-250) , RESULTING"
IN A TOTAL PAYMENT OF $8,554.68.
WHEREAS, the .City'.of Miami authorized MICHEL
and JOHN R. FARRELL, ESQ. to represent the City of Miami
the case of Coconut Grove Properties, Inc. , et al. v. ° City
of Miami, Florida, Supreme Court of Florida, Case No. 54,557,
with a maximum payment of $5,000 for their professional,` services
under the provisions of Resolution
in
1979;
amount
and
•
ANDERSON,
79-116 adopted February 26,
WHEREAS, interim bills have been submitted a
$4 ,520 .65°leaving
,:`
d paid in
balance of ,$479.">35 remaining
the aforesaid original authorized amount of $5,000; and
WHEREAS, final bills have been submitted totalling`.
the
from
$4,034.03;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION'.
"DOCUME
CITY OF MIAMI, FLORIDA:
ITEM NO
Section 1. Final payment of the sum of'$4,034.03 to;'
MICHEL E. ANDERSON, ESQ. 'and JOHN R.`FARRELL, ESQ- 'for'profes
sional services
rendered, in the litigation regarding -the repre-
sentation of" the City of Miamiin the case of Coconut 'Grove,
Properties,
Inc'., et al• v. City of Mianii, Florida, Supreme
of Florida, Case No. 54,557, is hereby approved with funds
therefor hereby allocated
D
Court
from the General Obligation. Capital
X
Cfillf COMMISSION
MEETING OF
"JUN 4 197
mum;
Projects Account entitled Parks for People. Bond Fund Audit.
(Project 305129, Code No, 310302-250) , resulting in a total
payment of $8,554.68.
PASSED AND ADOPTED this
ATTEST:
RAL'H CITY CLERK
PREPARED AND APPROVED BY:
/esT• 44C
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPRO
GEORG
CITY
G. NGIE,
AS TO FORM AND CORRECTNESS:..
. KNOX, JR
ORNEY
79-414
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
The Honorable Members of the
City. Commission
DATc: February 26
Coconut Grove Marine Properties,
."'"EcTt Inc. v. City of "Miami.
(255.0 South Bayshore Drive)
This s to advi - •u that the 'Supreme Court of Florida has granted
jurisdiction `,to hear. an application for constitut.ional certiorari to
the District Court_ of' `Appeal, Third District "of.Florida, on behalf of
the .Petitioners, Coconut :Grove ' Marine..Pro per ties`, Inc.', "etc". ,
As you may recall, this litigation concerns the property located at
2550;South Bayshore Drive which was taken by the.City through condemna
tiori for park and recreational.,'facilities Subsequent to_ the- condemna-
tion proceedings,''the.Petitioners brought the subject suit challenging
the City' to to lease said.propertyto private'"bus iness (despite
the "fact ::that: said private": enterprises were fulfilling a' public purpose
by operating.: marine, related businesses. on,- the .property) The Trial
Court".entered judgment for the Petitioners and the Third District Court
reversed,,holding 'that ,the`use _of the property is permissible:because
"a .governmental authority tnay constitutionally acquire land by. eminent
domain powerand then lease the land for. commercial use in furtherance
of the public purposes".
This litigation involves, several critical issues;, the, determination of
which will have far reaching .effects on the City's activities ° in many
areas. Due to the serious gravamen of this ' cause and ", theshort period
of time within which the City is required to file a briefon the merits
with the Supreme Court of -:Florida,> the City ;Attorney _ deemed it to be
in the best interests of the City to jointly retain former Assistant
City Attorney Michel E. Anderson and John R. Farrell, Esq. to repre-
sent the City, beforethe Supreme Court in this matter. Mr. Anderson
is thoroughly familiar with theissues and proceedings in this cause
as he .was responsible for this case from its inception through the
Appellate Court's reversal and:. the opinion favoring the City of Miami
in May,1978. MrFarrell's expertise in the field of condemnation
is unquestioned thoroughou
t the State.,.
As of this date, no maximum figure for the compensation of these
attorney3 has been agreed upon. The distribution of work and fees
will be mutually determined by the said attorneys. The figure of
$5,000 could be regarded as a maximum amount.
GFK/GMM/rb
Resolution Attached
i
414
FROM:
CITY OF MIAMI, FLORIDA
INTER•OFF CE MEMORANDUM
:The Honorable Members of
City Commission
or F. Knox,
City Attorney
DATE. May 30, 1979
FILE:
CoconutGrove Marine Properties, Inc.,
,JEci1 et al. v. City of Miami, Florida,
Supreme Court of Florida, Case.
No. 54,557
pErrEtie ctsi Recommended Final Payment -
Counsel Fees
ENcLOSURE91
Earlier this Supremonth Oral Argument `in this case was presented. to the
Florida'me;-Co"ur�t .by:Mess.rs. Anderson and Farrell. The"pro-
fessonal;services.o,f both lawy•er we•re authorized"by you on
February `2,6,' . 197.9, upon my recommendation, through 'pa"ssage. of
Resol_ution.No. 7.9-116. 1 am _attaching a-copy.of my; original cover,
memorandum dated February 26„ 1979 for your reference.
Final bills have now been received from Mr. Anderson and Mr. Farrell
and are recommended for payment inthe amount'of $4,034.03. This`
payment can be accomplished through your. passage of the recommended
resolution which was delivered to your officeyesterday.
GFK/ RFC/ r
Enc.
cc: Joseph R.-Grassie
City Manager