When the Florida Cabinet denied the Lowe's Store on the wrong side of the UDB line, we all thought it was over, in fact the Herald reported on July 29th, it was pretty much over for the county:"The county will now live with the decision, said Assistant County Attorney Dennis Kerbel".
Well, don't listen to Dennis. He was dead wrong. Just like a toe fungus, it is hard to get rid of the Lowe's issue.
Miami-Dade County filed an appeal with the 1st District Court of Appeal on the Lowe's decision. Miami-Dade is in a serious budget crunch yet they are about to invest County funds in an aggressive appeal of the Governor and Cabinets' decision to find Lowe's out of compliance? Who is the instigator because a loss by the County could result in the County losing additional funding for infrastructure. Chapter 163.3184(11)(a) Florida Statutes states:
If the Administration Commission, upon a hearing pursuant to subsection (9) or subsection (10), finds that the comprehensive plan or plan amendment is not in compliance with this act, the commission shall specify remedial actions which would bring the comprehensive plan or plan amendment into compliance. The commission may direct state agencies not to provide funds to increase the capacity of roads, bridges, or water and sewer systems within the boundaries of those local governmental entities which have comprehensive plans or plan elements that are determined not to be in compliance. The commission order may also specify that the local government shall not be eligible for grants administered under the following programs: (I snipped them out, you get the point!).
The County needs to rescind the Lowe's Amendment through a Commission action. This would end the appeal making it Moot. Spending on the case and the potential sanctions by the state in this critical time of budget constraints is not fiscally responsible for a another hardware store.
Who out there wants to call Vile Natacha and tell her to rescind the Lowe's Amendment? She has to work her magic on the rest of her unreformable majority. Any brave soul want to tape the conversation for me?
6 comments:
The illustration is great. Natacha Seijas looks very attractive.
It is not the county attorney appealing. It is the special interests who control the controllers of the county attorney who are appealing.
Any great trial attorney will know when to walk away from a case. They know when the client will be wasting time and money on a case. Of course, telling a client, in this case some shadow clients, that fact and convincing them is not always possible. This is especially true when the appeal has a political tinge to it. It is an election year. It is obviously better to piss away county dollars (ours) than not get the election contributions. The public will not notice if the appeal is done, but the builders and lobbyists will notice if it isn't.
By the way, are they using inside attorneys or attorneys at Greenburg (or other lobby/building firms)to do the appeals? We need to watch for other forms of misuse of funds too.
I mentioned: Instigator
This is long a tactic of the insiders who control the county. Same deal with Homestead Air Force Base litigation, that the county supported for years and years before finally getting out-- only to be sued by the bad guys for doing it. You know, this all happens under the radar of the public, but the insiders know exactly what is going on and whose rights are being asserted. Part of the Big Game that voters allow to go on and on and on, ad nauseam.
Seijas always turns my stomach and I will bet she is behind the push to litigate.
Does SB 360 factor into this County appeal? Also what is the status of Weston's (and other local government) litigation against SB 360? This case has not been reported on by any of the major newspapers in FL.
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