Grove residents sue city over Home Depot zoning
Three Grove residents have filed suit against the City of Miami and its zoning directors, claiming that issuing permits to Home Depot and not following current zoning codes was illegal. Story here.
posted by Tom Falco at 8:33 AM
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11 Comments:
Alright! Len Scinto is behind this! Things are looking good already! LEN-NY! LEN-NY! LEN-NY! LEN-NY!
The Herald article states excerpts from the suit detailing the actions of the city employees.
Repeatedly, I have witnessed city employees acting arrogantly and in bad faith. Evidently, that culture is pervasive in the city because of poor leadership. No Miami mayor has ever stood out with a positve, citizen-friendly attitude, therefore a chain of smugness has perpetuated within the ranks.
In my 48 years it has gotten worse, not better. This will continue until we find someone who is bold enough to break the mold and clean house.
In his response to the Herald reporter, I applaud Mr. Sarnoff stating that it was clear that the city acted outside the law.
THIS is leadership.
Sarnoff is da man!!!! I've been putting that up at every place I could so I thought I'd put it up here again too. this time I'm pretty confident that it won't bite me in the ass so I'll use my name.
Interesting as Linda Haskins said that Sarnoff failed to appeal in 15 days to preserve issue for campaign - Sarnoff denied, now we see lawsuit which is based on not appealing in 15 days - said had no notice but obviously did.
Next issue - firemen's pension - will have to switch to County to save Miami's budget - Haskins said so - let's see what Sarnoff, beholdened to firemen - does.
Any lawyer who tells you that the City clearly should have retroactively applied a new zoning ordinance to a property right that had already vested is just telling you what he thinks you want to hear. Retroactively applying the ordinance would have been likely to expose the City to a Takings Clause lawsuit, which would have cost a bundle.
Imagine buying a lot with the intent of building a 3,000 sq. ft. house, which is allowed by zoning laws at the time of entering into the purchase contract. Then after the designs are approved you are notified that a law passed after you bought the property limits your ability to build to 2,000 sq. ft. The timing of the permits doesn't really matter; you still have a cause of action against the city for a Taking under the Constitution, and the city has to compensate you for it.
I should add that the owner of Grove Gate might also have a cause of action if retroactive application of the ordinance prevents it from realizing the lease potential of the former K-Mart site.
I'd like to be wrong on this, but so far I have not heard any coherent arguments to the contrary.
Unfortunately... swlip's comments are quite true!
This is where the great "tell-them-whatever-it-talks-to-get-elected" bull will be exposed.
I feel sorry for all the good people who bought this story.
Sarnoff may be a good man in many respects (and the alternative was awful) but he shamed himself and misled his (gullible) supporters by claiming that Home Depot could be stopped throught the courts. It can not be done.
I think Sarnoff earned his votes. He has worked for years for free, towards a goal that would benefit the entire community.
Regardless of the final result, the guy busted his butt for Coconut Grove. Very few people are willing to do anything for the good of society.
Thanks Len, that was a solid overview and I agree with your last paragraph entirely. Thanks for looking out for our 'hood.
People should realize that Courts often look at things differently than mere outside observers. Len wrote an excellent summary. Time will tell who wins. Len and his co-plantiffs actually stepped up and took a stand to demand answers. Remember Home Depot wins just by keeping its competitor, Lowes, off that site. Maybe they will eventually go away? Or maybe there will be a handsome 12 story mixed use condo on that site? With lots of green space?
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