HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney.-��
DATE: November 28, 2011
RE: Proposed Settlement for City Commission Meeting — December 15, 2011
Moheb, Inc. vs. City of Miami
Miami -Dade Circuit Court Case No. 10-22609 CA 24
File No. 11-01142
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami in the above -referenced case, in the amount of $10,000, and agreement
between the parties concerning hours and conditions of operations of its supper club as specified
below.
This action was brought by the law firm of Terminello & Terminello, P.A., on behalf of
Moheb, Inc., a Florida corporation, d/b/a MR. MOE'S, challenging City ordinance 12973 and
seeking damages with respect to the amended hours of sales of alcoholic beverages in the SD-2
Coconut Grove Central Conunercial District. Pursuant to a special exception, Plaintiff operates
Mr. Moe's as a supper club in the Coconut Grove Central Commercial District. Ordinance
12973 restricted the hours for the sale of alcoholic beverages by supper clubs in SD-2 from 5:00
a.m. to 3:00 a.m. The specific conditions of the settlement regarding the operations at the supper
club are set forth in the attached stipulation of settlement. This settlement resolves Plaintiffs
claims subject to the Court adopting the settlement stipulation and signing an order.
The Office of the City Attorney has investigated and evaluated this case and has approved
the recommendation of this settlement. Funds in the above amount will be paid from the Non -
Departmental Account No. 00001.980000.531'010.0.0.
cc: Johnny Martinez, P.E., City Manager
Elvi Gallastegui, Agenda Coordinator
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