Village Attorney John Dellagloria Explains the Appeal Granted by the Circuit Court Appellate Division
March 15, 2023
Village of Palmetto Bay
On Monday, March 13, the Village received the Opinion of the Circuit Court Appellate Division in the case of 17777 Old Cutler Road, LLC v. Village of Palmetto Bay, which is the Village Center property. The Court granted the appeal of the Village Center that challenged the Council’s denial in January of their site plan, which included an additional 85 units to the 400 allowed.

The Court based its decision on several factors, all of which had been approved by a prior Council, with the exception of then-Councilwoman Cunningham and then-Vice Mayor Dubois. Those factors were: 1. The 2015 legislation approving a transfer of 85 units to the main Village Center site; 2. The 2016 letter from a former planning director approving 85 units; 3. The 2016 series of legislation approving the transfer and a height increase for the development; and 4. The 2021 Village Staff report of the former Planning Director approving the transfer. Again, at the time of the 2016 legislation, then-Councilwoman Cunningham and then-Vice Mayor Dubois voted against allowing the development.

At this time, outside counsel that represented the Village is reviewing the Opinion, along with myself, and will advise the Council as to whether further litigation is warranted.

John Dellagloria, JD
Village Attorney
Village of Palmetto Bay
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