HomeMy WebLinkAboutSubmittal-Memo-Law-Brisas del RioCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Mayor Manuel Diaz and Members of the City of Miami City
Commission
FROM: Jorge L. Fernandez , City Attorney
DATE: October 24, 2007
RE: The Durham Park Neighborhood, et al (Brisas del Rio) - 3D06-2718
Matter ID No.: 06-646.001Appeal
I hadin my earlier reports to you concerning the Miami River cases briefly discussed one final
appeal which was pending at that time concerning Miami River Comprehensive Planning styled
The Durham Park Neighborhood Association, Inc., et. al. vs. City of Miami & Brisas del Rio
("Brisas'). 'The Third District Court of Appeal just rendered its decision in Brisas and reversed
the favorable ruling the City of Miami and the developer had received from the Administrative
Law Judge ("ALJ") and the Department of Community Affairs ("DCA"). The difference is that
this decision remands the case back to the ALJ for proceedings consistent with the opinion of the
court in this case, and the two earlier Port of Miami River cases heard and reversed by the Third
District Court of appeal this year. 2
In Brisas the court simply held that due to their earlier two Miami River decisions , these
decisions compelled the reversal of the favorable order from the ALJ. This case involves
property located at 1583 NW 24TH Avenue and this was a Future Land Use Map ("FLUM")
amendment from "Industrial and Medium Density Multifamily Residential" to "Restricted
Commercial". We will be in touch with the developer and decide whether we each or both may
file a motion for rehearing. Now that there have been several appellate rulings interpreting the
Port of Miami River sub -element as a river wide element , not limited to specific properties, the
City Commission may wish to consider amending this optional sub -element of the City's
adopted Comprehensive plan. I have attached a copy of the Brisas order.
Enclosure(s)
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEM pz z ON s-e_off
The Durham Park Neighborhood Association , Inc. , the Miami River Marine Group ,
Inc. and Captain Herbert Payne vs. City of Miami and Brisas Del Rio, LLC, Case No. 3D06-2718(Fla. 3rd DCA ,
Final Opinion filed October 24, 2007.
2 Payne, et. al. vs. City of Miami„ et. al. 32 Fla L. Weekly D1885(Fla. 3rd DCA 2007) ("Riverside Investments')
;Payne , et. al. vs. City of Miami , et. al. , 32 Fla. L. Weekly D2055(Fla 3RD DCA 2007)("Brisas del Rio').
Doc. No.: 94291
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