2004-25462RESOLUTION NO. 2004-25462
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED
SETTLEMENT AGREEMENT BETWEEN LA GORCE COUNTRY
CLUB, INC., AND THE CITY OF MIAMI BEACH, AND
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO
TAKE SUCH ACTIONS AS MAY BE NECESSARY TO CARRY
OUT THE INTENT HEREOF.
WHEREAS, on May 8, 2002 the City Commission adopted Ordinance
2002-3367 amending the land development regulations in the GC Golf Course
District, affecting privately-owned golf courses in the City, including La Gorce
Country Club, Inc., ("La Gorce) and its golf course; and
WHEREAS, La Gorce challenged the fence and landscaping provisions in
Ordinance 2002-3367, first by Petition for Writ of Certiorari, to the Appellate
Division of the Circuit Court, and then by Complaint in the General Jurisdiction
Division of Miami-Dade County Circuit Court; and
WHEREAS, the Appellate Division denied La Gorce's Petition, which
decision has recently been upheld by the Third District Court of Appeal, however,
the trial court in the General Jurisdiction Division after a two-day trial declared the
fence and landscaping provisions of Ordinance 2002-3367 unconstitutional,
based on the Florida and U.S. constitutions; and
WHEREAS, the trial court also ruled that La Gorce is entitled to an award
of attorney's fees and costs, in an amount to be determined, under 42 U.S.C.
section 1988, which awards attorneys' fees to successful plaintiffs under 42
U.S.C. section 1983, which was included among the claims filed by La Gorce;
and
WHEREAS, while the City Attorney has appealed the trial court's
declaration of unconstitutionality, and is confident that such decision, along with
the award of attorneys' fees may be overturned, the result of continued litigation
and appeals is never certain, and settlement will hopefully put to rest this
acrimonious dispute in a more favorable way; and
WHEREAS, La Gorce has agreed to seek a permit for a four foot high
fence, and when installing and maintaining hedges and other landscaping,
excluding trees, provide a view of the golf course from abutting residential
properties, and has further agreed that upon issuance of such permit to waive its
claims for attorneys' fees and costs, and any other damages arising out of this
matter; and
WHEREAS, since the primary purposes of the challenged fence and
landscaping provisions in the ordinance were to protect the views of the
homeowners surrounding the golf course, as well as protect property values and
the character of the neighborhood, this settlement agreement seeks to
accomplish the purposes initially sought, while protecting the City from current
claims of liability and further possible adverse decisions in this matter.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Clerk are hereby authorized to execute the attached settlement
agreement with La Gorce Country Club, Inc and the City Manager and City
Attorney are authorized to take such further actions as may be necessary to
accomplish the intent hereof.
PASSED and ADOPTED this 14th
ATTEST:
CITY CLERK
~of ~/~ J~uary
~,~,,~MAYO R
,2004.
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
~City'At~orney
Date
F:\atto\HELG\Resolutions\La Gorce Settlement Agreement res.doc
~ 2
OFFICE OF THE CITY ATTORNEY
MURRAY H. DUBBIN
City Attorney
F L O R I D A
Telephone:
Telecopy:
(305) 675-7470
(305) 675-7002
COMMISSION MEMORANDUM
TO:
FROM:
SUBJECT:
Mayor David Dermer Date: January 14, 2004
Members of the City Commission
Jorge M. Gonzalez, City Manager
Murray H. Dubbin, City Attorney/~ ~
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE ATTACHED SETTLEMENT AGREEMENT
BETWEEN LA GORCE COUNTRY CLUB, INC., AND THE CITY OF
MIAMI BEACH, AND AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO TAKE SUCH ACTIONS AS MAY BE NECESSARY TO
CARRY OUT THE INTENT HEREOF.
RECOMMENDATION
Adopt the resolution approving the referenced Settlement Agreement between La Gorce
Country Club, Inc. and the City of Miami Beach, Florida.
ANALYSIS
La Gorce Country Club challenged the City's fence and landscaping provisions in
Ordinance 2002-3367, first by Petition for Writ of Certiorari, to the Appellate Division of
Circuit Court, then by Complaint in the General Jurisdiction Division of Miami-Dade
County Circuit Court. The Appellate Division denied La Gorce's Petition, which decision
has recently been upheld by the Third District Court of Appeal, however, the trial court
in the General Jurisdiction Division after a two-day trial declared the fence and
landscaping provisions of Ordinance 2002-3367 unconstitutional, based on the Florida
and U.S. constitutions. The trial court also ruled that La Gorce is entitled to an award of
attorney's fees and costs, in an amount to be determined, under 42 U.S.C. section
1988, which awards attorneys' fees to successful plaintiffs under 42 U.S.C. section
1983, which was included among the claims filed by La Gorce.
La Gorce has offered, among other things, to seek a permit for a four foot high fence,
and when installing and maintaining hedges and other landscaping, excluding trees,
provide a view of the golf course from abutting residential properties.
1700 Convention Center Drive -- Fourth Floor -- Miami Beac]
Agenda Item )~7~-
Date l-I ~*-o~'
City Commission Memorandum
January 14, 2004
Re: Settlement Agreement Between La Gorce Country Club, Inc. and The City of Miami Beach
Page: Page 2 of 2
If the fence permit is granted La Gorce agrees to waive its claim for attorney's fees and
costs, and any other damages arising out of this matter.
Since the primary purposes of the challenged fence and landscaping provisions in the
ordinance were to protect the views of the homeowners surrounding the golf course, as
well as protect property values and the character of the neighborhood, this settlement
agreement, if fully performed, seeks to accomplish the purposes initially sought, while
protecting the City from present economic claims and further possible adverse decisions
in this matter.
MHD\GMH
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139