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. /, ~
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NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
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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.
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MAYOR
ATTEST:
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CITY CLERK
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FORM APPROVED'
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• OFFICE OF THE CITY ATTORNEY
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F L O R I D A
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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)