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REMEMBER WHEN THE MAYOR SAID HE WAS GOING TO SUE OVER THE CITY ATTORNEY REFUSING TO ALLOW HIM TO VETO THE SETTLEMENT THE CITY COMMISSION REACHED WITH WEST FLAGLER ASSOCIATES TO ALLOW THEM BUILDING A JAI LAI FRONTON ON BISCAYNE BOULEVARD, WELL AS BUDDY HOLLY ONCE SANG, "THAT'LL BE THE DAY"
On March 9th, I wrote a story about a lawsuit that had been filed, and then mysteriously withdrawn, by the Mayor, and a handful of other parties, including companies owned by Norman Braman, challenging the the city commission's decision to approve a settlement agreement reached by the City Attorney with the West Flagler Associate folks that would allow them to build a Jai Lai fronton on Biscayne Boulevard and 30th Street.
To recap that story for you, here is a copy of the email that I posted as part of my original story from Victoria Mendez informing the commission about the lawsuit.
NUMBER 81 - MARCH 24, 2020
Copyrighted: 2011,2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020
From: Mendez, Victoria <VMendez@miamigov.com>
Sent: Thursday, March 5, 2020 12:28:17 PM
Subject: New Litigation: Francis Suarez, et al. v. City of Miami, et al.
Honorable Mayor and Members of the City Commission:
I am writing to advise you of the filing of the following new lawsuit:
Francis Suarez, as Mayor of the City of Miami; 2020 Biscayne Boulevard, LLC; 2060 Biscayne Boulevard, LLC; 2060 NE 2nd Ave., LLC; 246 NE 20th Terrace, LLC; Paraiso Beachclub Operator, LLC; Ronald M. Friedman, individually; Ernesto Cuesta, individually and as President of the Brickell Homeowners Association, Inc.; and Brickell Homeowners Association, Inc. v. City of Miami, a Municipal Corporation; and Arthur Noriega, solely in his official capacity as the City of Miami City Manager.
This case has been filed in the Circuit Court and seeks declaratory, injunctive relief, and monetary damages arising out the proposed settlement of the federal action brought by West Flagler Associates against the City concerning permission to operate a summer Jai Alai fronton which was approved by the City Commission on February 13, 2020. Against the advice of this office, the Mayor submitted a veto of the settlement.
Notwithstanding the fact that the settlement has not been signed by the City Manager and that West Flagler and the City are continuing the federal litigation, the Complaint in this new lawsuit requests the following relief:
1) a declaration that the veto is effective;
2) an injunction to enforce the veto;
3) a declaration that the 2012 zoning interpretation is void and ultra virus; and
4) an injunction voiding the 2012 zoning interpretation.
Further, the Complaint seeks:
“An order directing the City not to issue any development approvals, development orders, development permits, or any authorization for any gaming facilities that, in any manner, in whole or in part, directly or indirectly arise from or are predicated upon the 2012 Gambling Interpretation or the 2018 Verification Letters”;
“An Order enforcing the Mayor’s authority to direct the City manager not to sign any proposed settlement in violation of the Mayoral Veto”; and
“Damages as allowed by law”.
This lawsuit presents a conflict of interest for this Office which cannot be waived. Accordingly, this Office will be retaining conflict counsel to represent the City and the City Manager.
A copy of the Complaint is attached.
Victoria Méndez, City Attorney
Board Certified, City, County and
City of Miami Office of the City Attorney
email@example.comAssistant: Marta Gomez (305) 416-1844
The lawsuit, as I said, was mysteriously withdrawn, and now a new lawsuit has been filed, only this time Francis Suarez's name is nowhere on it, and it appears that all the attorneys on the original lawsuit - except for Braman's personal attorney - have been replaced.
It's one thing for the Mayor to stand around with his thumb stuck up his ass while he gets bitch-slapped by the members of the commission and the city attorney, and to make all his bravado claims about filing lawsuits and fighting back, and to have him wussie out by refusing to be a party to this lawsuit.
I am hearing that there is combat fatigue settling in at City Hall over Francis Suarez's continued half-baked efforts to try and evade standing up and fighting for himself, and instead doing backroom deals with Alex Diaz de la Portilla and Art Noriega to become his protectors.
None of this can end well for Suarez, and quite frankly, none of it can end well for the residents of Miami either, especially when now, on top of everything else, the emergency declaration over this Carona virus epidemic has allowed some pretty skanky deals to be done in the back rooms of City Hall.
My story about the contract between the city and Phillip Frost's company to provide $1 million dollars in testing for the Corona virus is but a tiny tip of what I am now beginning to be told about secret contracts and deals.
I keep saying it, because I believe it to be absolutely true, that these guys are operating like real time gangsters when it comes to looking over the opportunities that this emergency declaration situation provides for screwing the pooch every which way possible.
While I continues to verify the information I'm being provided - and if you're a city employee or private citizen who knows about any of these deals, please call me at 305.759.4788, or send me whatever documents you can get to: , here is a copy of the new lawsuit.
It's Miami. Bitches!