HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
RE.2
TO: Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney
DATE: April 3, 2008"
RE: City Commission Meeting April 24, 2008
Proposed Resolution of the Miami City Commission authorizing the
expenditure of attorney's fees and costs, in an amount approved by the City
Attorney, for the engagement of Weiss, Serota, Helfman, Pastoriza, Cole &
Boniske, P.L., in connection with trial level proceedings on remand in the
consolidated class action cases of Sidney S. Wellman, et al. vs. City of
Miami, Case No. 99-19523 CA 15, and Nadine Theodore vs. City of
Miami, Case No. 99-28417 CA 15.
(File No. 08-00398)
The attached legislation has been prepared for placement on the April 24, 2008, City
Commission Agenda. The resolution authorizes the expenditure of attorney's fees and
costs, in an amount approved by the City Attorney, for the engagement of Weiss, Serota,
Helfman, Pastoriza, Cole & Boniske, P.L., in connection with trial level proceedings on
remand in consolidated class action cases of Sidney S. Wellman, et al. vs. City of Miami,
Case No. 99-19523 CA 15, and Nadine Theodore vs. City of Miami, Case No. 99-28417
CA 15.
As you may recall, this matter involves a class action challenge to the City's Vehicle
Impoundment (VIP) Ordinance. Currently, the City is on appeal before the Third District Court
of Appeal, on remand from the Florida Supreme Court, litigating the issue of whether the VIP
Ordinance is constitutional in various respects. Unless the Florida Supreme Court again grants
review, upon the conclusion of the pending appellate proceedings, this case will be remanded to
the trial court for the determination of any refund.
Attachments(s)
c: Pedro G. Hernandez, City Manager
Elvi Gallastegui, Agenda Coordinator
116024