On January 24, 2022, the Village Council voted to deny the Site Plan filed by 17777 Old Cutler Road, LLC. for Four Hundred Eighty (480) residential units on the site. The denial has resulted in the applicant filing two legal actions.
The first is a Petition for Certiorari – commonly referred to as an Appeal - alleging that the Council’s decision to deny was not based on “competent, substantial evidence”. In plain language, the Petition states that the Council had no justifiable reason to deny the site plan. That action is before the Appellate Division of the Miami-Dade Circuit Court. We are waiting to receive a “Show Cause Order” from the Court requiring the Village to file a response. When that happens, the Council will hold an Executive Session to discuss the case. After the outcome of this matter, any appeal by either party will be heard by the Third District Court of Appeal.
The second action is a Complaint for Declaratory and Injunctive Relief. In plain language, the Complaint asks for the Court to declare that the very same denial by the Council as in the case above violates several provisions of the Village’s adopted Comprehensive Land Use Plan, and to enjoin the Village from taking any action that would violate those provisions. The Village will file a responsive pleading to dismiss the case. After the final outcome of this matter, any appeal by either party would be heard in the Third District Court of Appeal.
The administration will file the pleadings in these two matters on-line once the Village responds to the two cases.
John Dellagloria, JD
Village Attorney
Village of Palmetto Bay
