HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: July 25, 2019
RE: Request for Authorization - City Commission Meeting — July 25, 2019
Bejarano v. City of Coral Gables
File No.: 6226
The attached proposed Resolution seeks authorization for the City of Miami to
file brief(s) in support of the City of Coral Gables as amicus curiae in all appellate
proceedings in Bejarano v. City of Coral Gables 2019 WL 3046851 (Fla. 3d DCA 2019)
("Bejarano decision") due to the important issues raised in the Bejarano decision
regarding the assertion of sovereign immunity for a planning level decisions.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Christopher M. Rose, Director, Office of Management Budget
Miriam Santana, Agenda Coordinator
VM/JAG/vja
City of Miami
Legislation
Resolution
Enactment Number: R-19-0299
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6226 Final Action Date:7/25/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY OF
MIAMI TO FILE BRIEF(S) IN SUPPORT OF THE CITY OF CORAL GABLES AS
AMICUS CURIAE IN ALL APPELLATE PROCEEDINGS IN BEJARANO V. CITY OF
CORAL GABLES.
WHEREAS, on July 10, 2019, the Third District Court of Appeal rendered a decision in
Bejarano v. City of Coral Gables, 2019 WL 3046851 (Fla. 3d DCA 2019) (hereinafter the
"Bejarano decision"); and
WHEREAS, the Bejarano decision involved the City of Coral Gables' assertion of
sovereign immunity for a planning level decision to design and place palm trees with wooden
supports in a median; and
WHEREAS, the Bejarano decision reversed a summary judgment entered in favor of the
City of Coral Gables and remanded the case to the trial court for further proceedings; and
WHEREAS, the City of Coral Gables intends to file a motion for clarification of the
Bejarano decision in the Third District Court of Appeal; and
WHEREAS, because of the important issues raised in the Bejarano decision, it is in the
best interest of the City of Miami to support the City of Coral Gables in all further appellate
proceedings;
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. The City Commission authorizes the City of Miami to file brief(s) in support
of the City of Coral Gables as amicus curiae in all appellate proceedings in Bejarano v. City of
Coral Gables.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.
APPROVED AS TO FORM AND CORRECTNESS: