HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01402 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT
OF INTEREST THE LAW FIRM OF COLE, SC.OTT & KISSANE P.A. MAY HAVE, IF
ANY, TO ENABLE IT TO REPRESENT THE MIAMI DOWNTOWN DEVELOPMENT
AUTHORITY, IN PROCEEDINGS FILED BY MILAN INVESTMENT GROUP, INC.,
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CASE NO.: 08-77800
CA 08.
WHEREAS, Milan Investment Group, Inc. filed a lawsuit in Miami -Dade Circuit Court, Case No. 08-
77800 CA 08, against the City of Miami ("City"), Miami Downtown Development Authority ("DDA"),
Miami -Dade County Property Appraiser, Miami -Dade County Tax Collector and Florida Department of
Revenue seeking to challenging the constitutionality of the DDA's enabling legislation, and to obtain
refunds of taxes collected on behalf of the DDA ("Litigation"); and
WHEREAS, the law firm of Cole, Scott & Kissane, P.A., wishes to represent the DDA in the
Litigation; and
WHEREAS, the law firm of Cole, Scott & Kissane, P.A., currently represents the City in the matters
of Helene Hutt vs. City of Miami, United States District Court, Case No.: 10-21451-Civ-Martinez/Brown;
Milan Investment Group, Inc., vs. the City of Miami, et al., Miami -Dade County Circuit Court, Case No.:
08-77800. CA 08; and Carl Masztal, et al. vs. City of Miami, et al., Miami -Dade County Circuit Court,
Case No.: 05-2117 CA 22; and
WHEREAS, although there is no present conflict of interest between the positions of the City and
the DDA in the Milan Investments litigation, there is the potential for a conflict due to the fact that the
City and the DDA are co-defendants; and
WHEREAS, the City Commission has been advised of the potential for a conflict of interest; and
WHEREAS, the City Commission agrees to waive any conflict of interest that may occur due to the
law firm of Cole, Scott, Kissane, P.A., representing the DDA in the Litigation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Any conflict of interest that may occur due to the law firm of Cole, Scott, Kissane, P.A.
representing the DDA in the Litigation, is hereby waived.
CUy of Miami Page 1 of 2 File Id: 10-01402 (Version: 1) Printed On: 12/6/20/0
File Number.: 10-01402
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY k ‘N."-\
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File la: 10-01402 (Version: 1) Printed On: 12/6/2010