HomeMy WebLinkAboutSubmittal-Elvis Cruz-Standing Argument LetterSubmitted into the pubc
record fo item s) �Z , 16
Standing Argument
on 5 City Clerk
5101 Biscayne Boulevard Appeal
Miami City Commission
25MAY2017
This case and these parties have a very lengthy history.
This case among the parties before you today was first appealed in 2004, litigated in 2006, and a
settlement agreement was entered between and among all the parties on January 9, 2014, that
addresses the very 5101 RE CO, LLC property that is the subject of today's appeal.
Despite these facts, 5101 RE CO, LLC is attempting to raise a standing challenge claiming that
Elvis Cruz lacks standing to appeal. Under Florida law, 5101 RE CO, LLC has waived any
objection to the standing of Elvis Cruz.
Florida law is quite clear that challenges to a party's standing must be raised in the original
action, usually as an affirmative defense or they are waived. Cowart v. City of West Palm '"each,
255 So.2d 673 (Fla. S. Ct. 1971); Lovette v. National Collegiate Student Loan Trust, 149 So.3d
735 (Fla. 5th D.C.A. 2014); Lyons v. King, 397 So.2d 964 (Fla. 4th D.C.A. 1981).
Furthermore, even if 5101 had not waived its right to challenge standing, Mr. Cruz, as a party
with the right to enforce the settlement agreement that dictates future development on the 5101
parcel clearly has a legally cognizable interest at stake in these proceedings as defined by Florida
law.
In Upper Keys Citizens Ass'n, Inc. v. Monroe County, 467 So.2d 1018 (Fla. 3rd D.C.A. 1985), A
plaintiff has standing under the second Renard test by the virtue of the peculiar circumstances
relating to the settlement
It is unclear whether 5101 is also challenging the standing of Morningside Civic Association, but
in any event the Association shares Mr. Cruz's legally cognizable interest in the 5101 property,
and further satisfies the requirements of Florida law regarding associational standing. NAACP,
Inc. v. Florida Bd. of Regents, 863 So.2d 294 (Fla. S. Ct. 2003).
There is no merit to 5101's standing challenge.
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