Court Rules to Deny Luxcom's Petition
April 20, 2021
Village of Palmetto Bay, Florida
The Village has finally reached the final chapter of the litigation process in the matter of Yacht Club by Luxcom, LLC (Luxcom) vs. Village of Palmetto Bay Council, and the Village of Palmetto Bay. Luxcom is the current owner of the former FPL power plant site located off SW 67th Avenue and SW 152nd Street in Palmetto Bay.

"I am pleased to let you know that the strong actions taken by your Village Council to protect our community prevailed today as the Third District Court of Appeal denied a motion by the owners of the Luxcom property." said Mayor Cunningham.

Back in March the Third District Court of Appeal upheld the Village Council's action to zone the Luxcom property as E-1, which allows for the development of one unit per acre. Luxcom had proposed building 177 units along with a marina and other amenities on the site, which is well above the number allowed for the site of no more than 71 units. Luxcom argued that the Council's action was a "departure from the essential requirements of law and a violation of due process based on the Village Council's approval of Ordinance No. 2019-18, which amended the zoning designation" for the site to one unit per acre. That petition was denied and Luxcom filed a motion for rehearing.

Earlier today, an Order was filed by the Third District Court of Appeal , denying Luxcom's motion for rehearing.

"People, it's over", said Village Attorney John Dellagloria referring to the ending of this case. Two other cases are still in litigation. However, the legal outcome is expected to serve as the foundation for the court's decision concerning the next and main legal case, which deals with the Bert J. Harris, Jr., Private Property Rights Protection Act (Bert J. Harris Act). This Florida law provides a specific process for landowners to seek relief when their property is affected by government action. Essentially, the Bert J. Harris Act provides a civil cause of action for private property owners whose current use or vested right in a specific use of real property is inordinately burdened by the actions of a governmental entity.

The litigation concerning the Village's actions has spanned over a period of two years, with the Village consistently prevailing in the lower courts. All have ruled against Luxcom's efforts to overturn the Village Council's zoning decision, acting in its capacity as the Zoning Board.

Speaking to the Palmetto Bay residents, Mayor Cunningham said, "Our quality of life was at stake and your Village Council and I stood firm against those who tried to force us to change our planning and zoning codes for their particular benefit. Notwithstanding the naysayers and those who peddled misleading information to the community, in a brazen attempt to coerce us, the residents of Palmetto Bay would not be denied."

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