HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #9220
Date: 06/11/2021
Commission Meeting Date: 06/10/2021
Requesting Department: City Commission
Sponsored By: Francis Suarez
District Impacted:
Type: Resolution
Subject: Appellate Review - Miami -Dade County v. City of Miami, Case No. 19-167 AP
Budget Impact Analysis
Total Fiscal Impact:
Reviewed B
City Commission Nicole Ewan Meeting Completed 06/10/2021 9:00 AM
Legislative Division Marta Gomez Legislative Division Review Completed 06/15/2021 6:05 PM
Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 06/15/2021 6:16 PM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 06/15/2021 6:27 PM
Office of the Mayor Mayor's Office Signed by the Mayor Completed 06/22/2021 5:05 PM
Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 06/22/2021 5:35 PM
Office of the City Clerk City Clerk's Office Rendered Completed 06/23/2021 2:29 PM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0244
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 9220 Final Action Date:6/10/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO SEEK FURTHER APPELLATE REVIEW BY FILING A PETITION FOR
WRIT OF CERTIORARI IN THE THIRD DISTRICT COURT OF APPEAL IN THE
MATTER OF MIAMI-DADE COUNTY V. CITY OF MIAMI, CASE NO. 19-167 AP.
WHEREAS, Miami -Dade County ("County") sought a Certificate of Appropriateness
("COA") from the Miami Historic and Environmental Preservation Board ("HEPB") involving the
Coconut Grove Playhouse ("Playhouse"); and
WHEREAS, the HEPB denied the County's request for a COA and the County appealed
to the City Commission that ultimately granted the County's appeal thereby approving the COA;
and
WHEREAS, the Mayor vetoed the decision of the City Commission, which was not
overridden by the City Commission, and the County filed an appeal to the Appellate Division of
the Circuit Court; and
WHEREAS, after a remand from the Third District Court of Appeal, the Circuit Court
found that the Mayor's veto was supported by competent, substantial evidence but nevertheless
ruled in favor of the County because of some ex parte communications and did not afford an
opportunity for the Mayor to rebut the presumption of prejudice to the County; and
WHEREAS, the applicable law allows the City of Miami ("City") to seek further appellate
review in this matter by filing a petition for a writ of certiorari in the Third District Court of Appeal
("3 DCA"); and
WHEREAS, because of the importance of the issues raised in this matter, it is in the best
interest of the City to seek further review; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an
emergency nature;
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 directs the City Attorney to seek further appellate
review by filing a petition for writ of certiorari in the 3 DCA in the matter of Miami -Dade County v.
City of Miami, Case No. 19-167 AP.
Section 3. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1 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.