Motion filed against County regarding Playhouse

Attorney David Winker has filed a brief in the Coconut Grove Playhouse case.

"I am bringing to the court’s attention that by failing to provide a complete record of the underlying proceedings at issue, the County has mis-characterized the proceedings of the City of Miami Historic and Environmental Protection Board (HEP Board)," he says.

As outlined in his Amici Brief, two things happened at the October 5, 2005 HEP Board meeting:

1. The author of the historic designation report, Ellen Uguccioni, gave sworn testimony that it was her intent to designate in the report the entire exterior of the building; and

2. The Board Members voted unanimously to designate the entire exterior of the Playhouse.  

Neither of these facts are mentioned anywhere in the County’s Petition.  

In fact, the County:

1. attaches transcripts of every other relevant meeting, but fails to attach a transcript of the October 5, 2005 meeting.
  
2. cites to an unconfirmed, incomplete and uncorrected Designation Report.      

Winker says, "The failure of the County to attach the transcript of the October 5, 2005 meeting is understandable, as it contradicts the fundamental basis of their argument:  that the HEP Board found that “[o]nly the south and east facades possess architectural significance. Attaching the transcript would expose this statement for what it is: a falsehood."

"No one has raised this issue- what actually happened at the 2005 HEP Board Meeting- in any of the Playhouse proceedings to date (or in the previous case), and the transcript of the meeting (and the Affidavit of Anthony Parrish, the Chairman of the HEP Board at the time) makes clear that the HEP Board designated the entire exterior of the Playhouse."

Here is the motion and appendix in a dropbox file.