Resolution 2025-33930 RESOLUTION NO. 2025-33930
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY
TO SEEK LEAVE OF COURT TO APPEAR AS AMICUS CURIAE AND
FILE A BRIEF IN SUPPORT OF THE CITY OF MIAMI IN THE CASE OF
KARENZA V. CITY OF MIAMI (CASE NO. 3D2024-2014), WHICH
INVOLVES A CLAIM UNDER THE BERT J. HARRIS ACT
CHALLENGING MUNICIPAL ACTIONS RELATED TO A MURAL
ORDINANCE PROGRAM.
WHEREAS, in the case of Karenza v. City of Miami(Case No. 3D2024-2014), the
Plaintiff, a property owner, filed suit against the City of Miami under the Bert J. Harris
Private Property Rights Protection Act ("BJHA"), alleging that changes to the City's mural
ordinance boundaries imposed an undue burden on his property; and
WHEREAS, the City of Miami had implemented a program permitting murals on
certain structures within designated zones, and over time, the boundaries of the mural
zone were amended to include, and later exclude, the Plaintiff's property; and
WHEREAS, pursuant to the BJHA's presuit requirements, the Plaintiff submitted
an appraisal estimating damages at $4.8 million, which was later amended to nearly $20
million prior to trial; and
WHEREAS, the trial court ruled in favor of the City of Miami, and the Plaintiff has
appealed the decision to the Third District Court of Appeal; and
WHEREAS, the outcome of this appeal may have significant implications for
municipalities across Florida, including the City of Miami Beach, particularly with respect
to the interpretation and application of the BJHA and the preservation of local regulatory
authority; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach assert
that the BJHA must be strictly construed, as it is in derogation of the doctrine of sovereign
immunity, and that the statute requires a good-faith and credible appraisal during the
presuit phase; and
WHEREAS, as such, the Mayor and City Commission desire that the City Attorney
seek leave of court to appear as amicus curiae ("friend of the court") along with such other
local governments and file a brief in support of the City of Miami and in defense of the
trial court's ruling.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Attorney to seek leave of court to appear as amicus
curiae and file a brief in support of the City of Miami in the case of Karenza v. City of
Miami (Case No. 3D2024-2014), which involves a claim under the Bert J. Harris Act
challenging municipal actions related to a mural ordinance program.
PASSED AND ADOPTED this /� day of �l "� P�'' , 20�5.
.
ATTEST:
Steven Meiner, Mayor
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Rafae E. Granado, City Clerk
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City Attorney � Date
Resolutions - C7 AB
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: September 17, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY TO SEEK LEAVE
OF COURT TO APPEAR AS AMICUS CURIAE AND FILE A BRIEF IN SUPPORT
OF THE CITY OF MIAMI IN THE CASE OF KARENZA V. CITY OF MIAMI (CASE
NO. 3D2024-2014), WHICH INVOLVES A CLAIM UNDER THE BERT J. HARRIS
ACT CHALLENGING MUNICIPAL ACTIONS RELATED TO A Ml1RAL ZONING
PROGRAM.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached resolution is presented at the request of the City Attorney's office.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance reauire a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.qov/city-hall/city-clerk/meetinq-notices!
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
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Is this a "Residents Riqht to Know" item, Is this item related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
No No
Was this Aqenda Item initially requested by a lobbvist which, as defined in Code Sec. 2-481,
includes a principal enqaqed in lobbvinq? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
City Attorney
Co-sponso�(s)
Condensed Title
Authorize Amicus Brief Supporting City of Miami in Bert J. Harris Act Appeal (CAO) CA
Previous Action (For Citv Clerk Use Only)
407 of 1214