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Resolution 86-18426 RESOLUTION NO. 86-18426 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ACCEPTING THE SETTLEMENT OFFER RELATING TO COSTS AND TERMINATION OF PROCEEDINGS IN ANNA SILVER, ETC. V. CITY OF MIAMI BEACH. WHEREAS, on March 25, 1986, the Third District Court of Appeal for Florida reversed the Order of the Eleventh Circuit Court in and for Dade County, Florida, which denied Plaintiffs' request for declaratory and injunctive relief based upon the alleged unconstitutionality of the City of Miami Beach ' s Zoning Ordinance as it effected Plaintiffs' property; and WHEREAS, in reversing, the Third District Court of Appeal determined that Appellants' property was "singled out" for restrictive RM-14 zoning classification, thus resulting in a denial of equal protection; and WHEREAS, the Third District Court of Appeal further remanded this case to the Circuit Court and ordered the City of Miami Beach to rezone the subject property to a classification not less restrictive than 60 units per acre; and WHEREAS, the subject property owners have expended $29 ,294.76 in costs at both the Circuit and District Court level litigating this action; and WHEREAS, Leon Black, Esquire, attorney for said property owners, has been authorized by his clients to waive all costs in exchange for the prompt termination of all court proceedings and the prompt amendment by the City of the Comprehensive Plan and the rezoning of the property.,;• to- permit 60 units per acre; and WHEREAS, it is the opinion of the City Attorney that the chances for sucaess% on appeal do not warrant proceeding further . with this case and that the settlement offer should be thus accepted. /, ~ f% NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the -1- recommendation of the City Attorney is hereby accepted and that the above referenced settlement offer of Leon Black, Esquire, attorney for the property owners in Anna Silver , etc. , v. City of Miami Beach, is hereby approved and accepted in total settlement thereof. PASSED and ADOPTED this 16th day of April i 1986. 40/ MAYOR ATTEST: la-41 CITY CLERK JKO/rg FORM APPROVED' DEPT. is , i • -2- • • OFFICE OF THE CITY ATTORNEY sAwni, fr F L O R I D A *uaHr unci; ARNOLD M.WEINER - P.O.BIN 190000 CITY ATTORNEY i .0 MIAMI BEACH,FLORIDA 33119 TELEPHONE: 673-7470 COMMISSION MEMORANDUM 8172-S4c DATE: APRIL 16, 1986 TO: Mayor Alex Daoud and Members of the City Commission City Manager Rob Parkins FROM: Arnold M. Weiner���� City Attorney SUBJECT: ANNA SILVER, Et. al. V. CITY OF MIAMI BEACH: PROPOSED SETTLEMENT On March 25, 1986, Florida' s Third District Court of Appeal reversed the order of the Dade County Circuit Court for the Eleventh Judicial Circuit which denied Plaintiffs ' request for declaratory and injunctive relief based upon the alleged unconstitutionality of the City of Miami Beach' s Zoning Ordinance as it effected Plaintiffs ' properties. In reversing , the appellate court upheld Appellants' assertion that the zoning classification applied to their property is more restrictive than the zoning classification of the surrounding properties; the Third District Court of Appeal thus determined that Appellants ' property was "singled out" for the restrictive RM-14 (multiple family low density residential dwelling) classification by the City of Miami Beach, thus resulting in a denial of equal protection. The Court remanded this case and ordered the City to rezone the subject properties to a classification not less restrictive than 60 units per acre. To date, the property owners have expended $29 ,294 . 76 in costs at both the circuit and district court level. In an effort to dispose of this case promptly, Leon Black, Esquire, attorney for the owners, has been authorized by his clients to agree to waive all costs in exchange for the prompt termination of ' all court proceedings and the prompt amendment by the City of the Comprehensive Plan and the rezoning of the property to permit 60 units per acre. Although this office filed a Motion for Rehearing on April 9, 1986 , the chances for obtaining a grant of this review is slight. Any further review of the Third District Court of Appeal ' s order would be via a grant of discretionary review by the Florida Supreme Court; in light of the Court' s jurisdictional rules , the chances for getting a grant of this review is equally remote. RECOMMENDATION In light of the above, I recommend that the City Commission accept the settlement offer of Attorney Black . An appropriate resolution is attached for your review. AMW/.TKO/r q AGENDA n+n ITEM }5 / DATE d-11- 16-1 OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 86_ 18426 (Approving and acceptingthe settlement offer relating to costs and termination of proceedings in Anna Silver, etc. V.City of Miami Beach)