On February 24, 2022, the Village filed an initial Complaint against Miami-Dade County after it approved the construction of a bridge over Cutler Drain Canal C-100 that would run along SW 87 Avenue from SW 164 Street to SW 163 Terrace, causing a dramatic increase in traffic through that area of the Village. The Complaint filed by the Village alleged:
(I) a violation of the County’s Home Rule Charter and the Citizen’s Bill of Rights
(II) a violation of the proper Notice requirements and the misuse of the County’s “Emergency” Ordinance to allow the passage of the County Resolution that approved the Bridge
(III) the failure to properly appropriate funds for the bridge by Ordinance instead of by Resolution
(IV) enjoining the County from further action regarding the Construction
(a fifth allegation was voluntarily dismissed by the Village)
In response, the County filed a Motion to Dismiss the Village’s Compliant. On September 22, the Circuit Court Judge issued an Order which DENIED the County’s Motion to Dismiss and ordered the County to file an Answer to the Village’s Complaint within 20 days. After the Answer is filed, the Village will consider its next action. Although the Court ruled in our favor to allow the case to continue, the ultimate result of this lawsuit is yet to be determined.
John Dellagloria, JD
Village Attorney
Village of Palmetto Bay
