HomeMy WebLinkAboutSubmittal-Richard Beauchamp-Complaint FilingFiling # 125332003 E-Filed 04/21/2021 12:26:39 PM
Submitted into the public
record for item(s) PZ.12
on 04-22-2021, City Clerk
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
MRC44, LLC,
A Florida Limited Liability Company; and CIRCUIT CIVIL DIVISION
60 NE 11TH, LLC,
A Florida Limited Liability Company,
Plaintiffs, CASE NO.:
vs.
CITY OF MIAMI, FLORIDA,
A Florida Municipal Corporation
Defendant.
COMPLAINT
Plaintiffs, MRC44, LLC ("MRC") and 60 NORTHEAST 11TH, LLC ("60 NE") sues the
CITY OF MIAMI, FLORIDA ("City") and alleges:
GENERAL ALLEGATIONS
1. MRC44, LLC is a Florida Limited Liability Company with property interests at 90 NE
11th Street, Miami, FL 33132 ("90 Property").
2. 60 Northeast 11th, LLC is a Florida Limited Liability Company with property interests at
60 NE 11th Street, Miami, FL 33132 ("60 Property").
3. The City of Miami ("City") is a Florida Municipal Corporation.
4. 90 Property and 60 Property are located within the City of Miami.
5. Venue is therefore proper because this action arose in and concerns certain real property
located in Miami -Dade County, Florida.
6. MRC44, LLC desires to own and operate a medical marijuana treatment center at 90
Property.
7. 60 NE desires to own and operate a medical marijuana treatment center at 60 Property.
8. Medical marijuana treatment center dispensing facilities ("Dispensary or Dispensaries")
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Submitted into the public
record for item(s) PZ.12
on 04-22-2021, City Clerk
are permitted in Florida pursuant to Art. 10, Sec. 29, Florida Constitution (1968) and
Florida Statute 381.986.
9. Pursuant to Sec. 381.986 (11), Florida Statutes, the regulation of Dispensaries has been
preempted to the state subject to specific exceptions. ("The Preemption").
10. Sec. 381.986 (11)(b) 1, Florida Statutes creates one of the specific exceptions, to wit: a
municipality may, by ordinance. totally ban Dispensaries from being located within its
boundaries.
11 Sec. 381.986 (11)(b) 2, Florida Statutes creates a second specific exceptions, to wit: a
municipality may, by ordinance, determine the criteria for the location of, and other
permitting requirements for Dispensaries located within its boundaries.
12 Sec. 381.986 (11)(d), Florida Statutes allows municipalities to ensure that a Dispensary
complies with the Florida Building Code, Florida Fire Prevention Code, or local
amendments thereto.
13. The City has not enacted any ordinance(s) banning Dispensaries.
14. The City has not enacted any ordinance(s) determining the criteria for the location of, and
other permitting requirements for Dispensaries located within its boundaries.
COUNT I
(Declaratory Judgment)
15. This is an action for declaratory judgment and supplemental relief pursuant to Ch. 86,
Florida Statutes.
16. Plaintiffs reallege the allegations of Paragraphs 1-14, supra.
17. Plaintiffs contend that whereas the City has not enacted any ordinance(s) banning
Dispensaries nor has the City enacted any ordinance(s) determining the criteria for the
location of, and other permitting requirements for Dispensaries located within its
boundaries Plaintiffs may establish a Dispensary in any location within the City of
Miami, regardless of Transect Zone.
18. Plaintiffs further contend that whereas the City has not enacted any ordinance(s)
deteiuiining the criteria for the location of, and other permitting requirements for
Dispensaries located within its boundaries, Plaintiffs may establish a Dispensary without
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Submitted into the public
record for item(s) PZ.12
on 04-22-2021, City Clerk
the necessity of obtaining any City permits, including but not limited to, Certificates of
Use (CU) as a prerequisite to operating a Dispensary within the City's boundaries.
19. The City contends that the Plaintiffs are subject to Transect Zone restrictions contained in
Miami 21, the City's zoning ordinance, as to where a Dispensary may be located.
20. The City further contends that Plaintiffs are required to meet all City peunitting
requirements, including obtaining a CU, and not just those relating to compliance with
the Florida Building Code, Florida Fire Prevention Code, or local amendments thereto.
21. Plaintiffs are in doubt as to their rights under Sec. 36-4, the Charter of the City of
Miami, the Constitution of the United States, and Florida Constitution.
WHEREFORE, Plaintiffs demand judgment declaring the rights of the parties and such other,
further, or supplemental relief as may be necessary or appropriate pursuant to Florida Statute
§ 86.011(2).
Respectfully Submitted: April 21, 2021.
PANZA, MAURER & MAYNARD, P.A.
Counsel for Defendant
Coastal Towers — Suite 905
2400 East Commercial Boulevard
Fort Lauderdale, Florida 33308
Tel: (954) 390-0100
Fax: (954) 390-7991
By: /s/Richard A. Beauchamp
Richard A. Beauchamp, Esq.
Florida Bar No.: 471313
rbeaucbamp( ;panzamaurer.com
Benjamin P. Bean, Esq.
Florida Bar No.: 72984
bbean(a panzamaurer. erne
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