HomeMy WebLinkAboutR-20-0220City of Miami
Resolution R-20-0220
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7665 Final Action Date: 7/23/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ATTORNEY TO FILE AN AMICUS CURIAE BRIEF IN THE SUPREME COURT
OF FLORIDA ("COURT") CONCERNING THE MATTER OF PETER M. HAVER,
ET AL. V. THE CITY OF WEST PALM BEACH, ET AL., CASE NO. 4D19-1537
SHOULD THE COURT ACCEPT JURISDICTION.
WHEREAS, in 2013, the Third District Court of Appeal rendered its decision in Lisa M.
Detournay, et al. v. City of Coral Gables, et al., Case No. 3D11-2012 ("Detournay"); and
WHEREAS, the Court in the Detournay case held that a third party could not sue to
require a municipality to enforce its building and zoning ordinances; and
WHEREAS, on June 10, 2020, the Fourth District Court of Appeal rendered a decision in
Peter M. Haver, et al. v. City of West Palm Beach, et al., Case No. 4D19-1537 ("Haver"); and
WHEREAS, the Court in the Haver case disagreed with the holding in Detournay and
certified direct conflict with the Detournay decision; and
WHEREAS, because of the favorable principles set forth in Detournay, it is in the best
interest of the City of Miami ("City") to file an amicus curiae brief before the Supreme Court of
Florida ("Court") should the Court accept jurisdiction;
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 Attorney to file an amicus curiae
brief in support of the City of West Palm Beach before the Court should the Court accept
jurisdiction.
Section 3. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
ey ) 7/3172020
City of Miami
Page 1 of 1 File ID: 7665 (Revision: A) Printed On: 5/5/2025