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HomeMy WebLinkAboutSubmittal-E-mailFw: Page 1 of 5 Martinez, Maribel From: Sastre, Michael [Michael.Sastre@wilsonelser.com] Sent: Friday, February 29, 2008 12:13 PM To: Thompson, Priscilla Cc: Hannon, Todd; Martinez, Maribel Subject: RE: Follow Up Flag: Follow up Flag Status: Red You are welcome, and I am back up and running! From: Thompson, Priscilla [mailto:PThompson@ci.miami.fl.us] Sent: Thursday, February 28, 2008 7:07 PM To: Sastre, Michael Cc: Hannon, Todd; Martinez, Maribel Subject: RE: Importance: High Thank you for forwarding this to us. We will include this in our record for today's PZ 11 item. R iseilia T 01e6w, WC City Clerk (305) 250-5370 fax (305) 858-1610 From: Sastre, Michael [mailto:Michael.Sastre@wilsonelser.com] Sent: Thursday, February 28, 2008 3:39 PM To: Thompson, Priscilla Subject: Fw: Original Message From: DoughertyL@gtlaw.com <DoughertyL@gtlaw.com> To: RSuarez-Rivas@miamigov.com <RSuarez-Rivas@miamigov.com>; MJChiaro@miamigov.com <MJChiaro@miamigov.com>; Sastre, Michael; strench@gttpa.com <strench@gttpa.com> Sent: Wed Feb 27 15:26:43 2008 Subject: RE: I am just seeing these. Rafael, Maria and Michael. We are all going to look stupid if we just accept a typo when there is no factual basis for the date. Nowhere in the record does that date appear. The court confused it with the Doug Halsey case. Can we all stipulate as to the date of the application as being before the class II was issued which was July 2004. This application was never amended after that. From: Susan E. Trench [mailto:strench@gttpa.com] Sent: Wednesday, February 27, 2008 3:19 PM 3/12/2008 04-00<?53—CoG,t i - C Irai 1 Fw: Page 2 of 5 To: Suarez -Rivas, Rafael; Chiaro, Maria J Cc: Sastre, Michael; Rodriguez, Anel; Fernandez, Teresita; jnewman@law.miami.edu; Dougherty, Lucia (Shld-Mia-Env); Slazyk, Lourdes Y; Lavernia, Roberto; Gelabert-Sanchez, Ana Subject: RE: I will certainly argue that point. While I don't know that the Commission will recognize the absurdity of your position, I believe if the Commission acts on that basis, particularly given the actual chronology and the facts set forth in your own brief previously filed in this matter, it will be clear error. Susan E. Trench Goldstein, Tanen & Trench, P.A. One Biscayne Tower, Suite 3700 2 South Biscayne Blvd. Miami FL 3313I Tel: (305) 374-3250 Fax: (305) 374-7632 This e-mail message may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution or copying of this e-mail message is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender and delete this e-mail message from your computer. From: Suarez -Rivas, Rafael [mailtoRSuare....z-Rivas. cr>miam gov.com] Sent: Wednesday, February 27, 2008 3:I2 PM To: Susan E. Trench; Chiaro, Maria J Cc: Sastre, Michael; Rodriguez, Anel; Fernandez, Teresita; jnewman@law.miami.edu; DoughertyL@gtlaw.com; Slazyk, Lourdes Y; Lavernia, Roberto; Gelabert-Sanchez, Ana Subject: RE: Well you can argue that tomorrow as well. The court opinion directly rules § 1305, as amended, with the specific findings as to the design criteria DOES APPLY. Thus there is no need to debate that , or rather, any debate on that point is precluded by the court's opinion. Thanks. Rafael Suarez -Rivas, Esq. City of Miami - Assistant City Attorney + Miami Riverside Center 444 S.W. 2nd Avenue Suite 945, Miami, FL 33130 ( Tel. (305) 4I6-1800 2 Fax (305) 416-1801 * rsuarez-rivas@miamigov.com <mailto:rsuarez-rival cr)miamigov.com> Q www.miamigov.com <IIttp://www.miamigov.com/> From: Susan E. Trench [mailto:strench@gttpa.com] Sent: Wednesday, February 27, 2008 3:09 PM To: Suarez -Rivas, Rafael; Chiaro, Maria J Cc: Sastre, Michael; Rodriguez, Anel; Fernandez, Teresita; jnewman@law.miami.edu; DoughertyL@gtlaw.com; Slazyk, Lourdes Y; Lavernia, Roberto; Gelabert-Sanchez, Ana Subject: RE: I can advise immediately. This was not discussed before because it was never an issue. The date of the completed 3/12/2008 Fw: Page 3 of 5 application was November 24, 2003. The client never agreed that the first amendment applied. As has been set forth in all our briefs filed in this matter, they agreed to change the height solely as an accommodation, not because we were bound by the first amendment. Susan E. Trench Goldstein, Tanen & Trench, P.A. One Biscayne Tower, Suite 3700 2 South Biscayne Blvd. Miami FL 33131 Tel: (305) 374-3250 Fax: (305) 374-7632 This e-mail message may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution or copying of this e-mail message is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender and delete this e-mail message from your computer. From: Suarez -Rivas, Rafael[mailtoRSuarez-l2ivas@miamigov.com] Sent: Wednesday, February 27, 2008 3:03 PM To: Susan E. Trench; Chiaro, Maria J Cc: Sastre, Michael; Rodriguez, Anel; Fernandez, Teresita; jnewman@law.miami.edu; DoughertyL@gtlaw.com; Slazyk, Lourdes Y; Lavernia, Roberto; Gelabert-Sanchez, Ana Subject: RE: Well we were relying on the court opinion. I don't remember your mentioning the date was wrong before. There is no bad faith here and I will disregard any such suggestion on your part. What was the date of the completed application , as amended? July 21? Did your clients not agree that the first amendment to SD-9 applied to this application ? As you know the zoning ordinance has a definition for this term "completed application" which you are familiar with. Confer with your clients and enlighten us all please. Please advise ASAP. Thanks. Rafael Suarez -Rivas, Esq. City of Miami - Assistant City Attorney + Miami Riverside Center 444 S.W. 2nd Avenue Suite 945, Miami, FL 33130 ( Tel. (305) 416-1800 2 Fax (305) 416-1801 * rsuarez-rivas@miamigov.com <mailto rsuarez riv.as a mia...migovco m> Q www.miamigov.com <http://www.miamigov.com/> From: Susan E. Trench [mailtos...trench.@gttp.a.c.om] Sent: Wednesday, February 27, 2008 2:48 PM To: Suarez -Rivas, Rafael; Chiaro, Maria J Cc: Sastre, Michael; Rodriguez, Anel; Fernandez, Teresita; jnewman@law.miami.edu; DoughertyL@gtlaw.com; Slazyk, Lourdes Y; Lavernia, Roberto; Gelabert-Sanchez, Ana Subject: The August 23, 2004 date is clearly in error since our Class 11 Permit had already been granted by the Planning Director on July 21, 2004! Therefore, it is an impossibility for the August 23 date to be the date of our "final application." In figuring out why this date was in the opinion, we discovered that the court had pulled two sentences from its decision in Morningside Development LLC v. City of Miami (a different case), in which the August 23, 2004 date was relevant, and had simply failed to change the dates to the dates applicable to our case. 3/12/2008 Fw: Page 4 of 5 This is further confirmed by the City's own response to our original Petition for Certiorari in which the City confirmed that our final application was completed and filed on November 24, 2003. Given that the August 23, 2004 date correlates with nothing in our case, (and there is a clear explanation as to where it did come from - a "cut and paste" error by the court), and is in fact an impossibility to have been the date of our application, should you use this date, it would be in blatant bad faith and an attempt to take advantage of a clerical error for your own ends. Given these facts, I urge you to recant your former directions and advise in accordance with the actual facts. Susan E. Trench Goldstein, Tanen & Trench, P.A. 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