Resolution 78-15677 RESOLUTION NO. 78-15677
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO .
PLACE THE ELEVENTH CIRCUIT COURT ON NOTICE AS
TO THE CITY'S NEED TO ACQUIRE THE HOROWITZ
PROPERTYTQUICKLY AND TO ASK THE COURT FOR THE
EARLIEST POSSIBLE TRIAL DATE IN THIS MATTER.
WHEREAS, the City of Miami Beach had petitioned the
Eleventh Circuit Court to condemn the Horowitz property and the
Eleventh Circuit had denied said petition; and
WHEREAS, the City of Miami Beach appealed said decision
to the Third District Court of Appeal and the District Court
reversed the Eleventh Circuit Court finding that the proposed
uses were public purposes; and
WHEREAS, taking an appeal to the Third District Court
of Appeal involved a considerable amount of time; and
WHEREAS, due to the delay occasioned by the appeal to
the Third District Court of Appeal, the City needs to acquire the
said property as quickly as possible; and
WHEREAS, there must now be a trial in the Eleventh Circuit
Court to establish the reasonable market value of said property;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH that the City Attorney shall place the.
Circuit Court on notice as to the City' s need to acquire said property
quickly; and
BE IT FURTHER RESOLVED that the City Attorney shall ask
the Eleventh Circuit Court for the earliest possible trial date in
this matter.
PASSED and ADOPTED this 19th day of July , 1978. ,
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Mayor
Attest:
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City Clerk
BES/rcp
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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ORIGINAL
RESOLUTION NO. 78-15677
(Authorizing City Atty. to request Court
for early trial date re acquisition of
Horowitz property)
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