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HomeMy WebLinkAboutEleventh Circuit Court DecisionIN THE CIRCUIT COURT OF TILE ELEVENTH JUDICIAL CIRCUIr IN AND FOR MIAlvil-DADE COUNTY, FLORIDA- CESAR A. HERNANDEZ-CANTON, et al. Petitioners MIAMI CITY COMMISSION, et al. Respondents DATE FILED: On remand from the Third District Court o Alt -x APPELLATE DIVISION CASE NO. 06-291 AP Michael A. Sastre, Esq. for petitioners. M. Catherine Hite, Esq. for petitioners. Elliot H_ Scherker, Esq. and Lucia A. Dougherty, Esq. Greenberg Traurig, P.A, for respondents. Jorge L. Fernandez, Esq., City Attorney, City ofMimi and Rafael Suarez -Rivas, Esq. Assistant City Attorney, City of Miami_ for respondents BEFORE JEFFERY ROSINEK, IVAN F. FPRNANDEZ, and DOUGLAS J. CHUMBLEY, JJ. PER CURJAM This case comes before the court on remand from the Third District Court of Appeal. See Hernandez -Canton v. Miami City Coen, 32 Fla. L. Weekly D2473 (Fla. 3d DCA October 17, 2007). In accordance with that decision, we remand the matter to the City Commission for a new hearing and determination by the Commission of whether the proposed project does, or does not, comply -with Section 1305 of the Miami City Code as amended in 2tt. Also in accordance that decision, the developer and the objectors shall be their presentations at the hearini,t. Therefore, we QUASH Resolution Number R-06-I3 det tio.n and REMAND to the City Co a reasonable 61.ne i.h did not make the ruined ri for a determination in accordan with Hernan ez-C raton MiamL .City Cam'n, 3_2 _. eckly.D24,73 (Fla_. 3d. DCA October 17, 2007), COPIES FUN SHED TO COUNSEL OF RECORD A TO ANY PARTY . BY COUNSEL 2