Our first day in court is coming this week.
Yesterday, Ken Weiss provided an update on recent work done on our behalf and that is what is included below. Some of this is taken verbatim from Mr. Weiss’s information.
Our attorneys filed “complaints” yesterday, to request that the court rule on the refusal of public records and associated Sunshine Law violation. (This is related to the Commission meeting when the Mayor and Commissioners voted to pay all legal costs related to Ethics Complaints, regardless of whether the complaints were related to city work or illegal, and with no upper limit or any other constraints.)
The great news is the judge set a hearing for Thursday, September 15 at 11 a.m.
Attorney Weiss requested to have this hearing accelerated, because it involves the refusal of the City of Madeira Beach to provide public records. The courts view this as something that should not occur – and therefore it gives priority to such a hearing, as it demands as immediate a judicial response as possible.
Documents below are pertaining to the complaint.
Below is the full filing, which includes also the Sunshine Violation against the Mayor and Commissioners. It is divided into two parts:
- part1-MADEIRA BEACH_SUNSHINE COMPLAINT WRIT 2ND AMENDED 9-12-16
- part2-MADEIRA BEACH_SUNSHINE COMPLAINT WRIT 2ND AMENDED 9-12-16
OTHER RECENT PROGRESS
Challenge to Adoption of Comprehensive Plan
The First lawsuit challenges the legality of the adoption of the Comprehensive Plan. It is under this Comprehensive Plan that the Planned Development Districts were defined in a way that would allow massive development in the ‘city center’ and ’causeway’ districts.
The city did NOT notify as they are required to do under Florida law. We understand that the Florida judicial system requires that cities follow the statutes exactly.
Our attorneys requested a summary judgment hearing on this complaint. A summary judgment hearing alleges that the court needs no testimony and that the court can make a decision based on the facts and the law of the case. Attorney Ken Weiss says that “This hearing will, in all likelihood, be determinative of our case.”
More great news… A summary judgement hearing is scheduled for October 9 on this complaint.
The link that follows is the city of Madeira Beach response to our legal complaint Complaint.
Click on underlined link: MB Ad Notice Motion For Summary Judgment
Rezoning Challenge Complaint
This challenge to the Rezonings is also based on improper notification of the public about meetings and hearings.
A hearing is scheduled for October 17 on this. More info coming soon!
There are four responses and documents linked below related to this for you to read if you would like.
Mr. Karns and Mr. Holton Have Each Filed Motions to Intervene as Affected Parties
Our attorneys do not believe that they have the right to be considered affected parties. They would be allowed to participate with the city in litigation against residents, and according to Attorney Weiss, “It would give them far too much control in the case.”
This is a link to the Karns Motion to Intervene in this lawsuit (the first one) filed. Town Center Motion to Intervene
This is a link to Ken Weiss’ response to the Motion to Intervene by Mr. Karns.
Memorandum In Opposition to Town Center intervention
This is a link to Ken Weiss’ response to the Motion to Intervene by Mr. Holton.
While it is unlikely that the court will allow Mr. Karns and Mr. Holton to intervene, this is another way they can use up MBU time and money. They hope we will give up or not have funding for litigation costs.
Mr. Holton Filed a Motion to Disqualify our Attorneys
The allegations are false. However, this is likely a tactical move, as it costs time and money from and for our lawyers!
If you would like to read it, here is the: Motion to Disqualify.
The Sunshine Law Case
Attorney Weiss filed this complaint yesterday and was given the hearing on Thursday, Sept 15th at 11 a.m.. This item is only listed here for completeness of the list of work. (See top of page for more information.)
The Petitioner Case
This case was filed within the last month. We told you about it earlier. It was important to file this complaint, because it preserves our claims that the city ignored our petition. Note: The city has filed a motion to dismiss this complaint, but has not asked the court to schedule a hearing for it.Share