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Reso 2025-3899
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Reso 2025-3899
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Last modified
10/21/2025 10:33:22 AM
Creation date
9/29/2025 4:22:18 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3899
Date (mm/dd/yyyy)
09/18/2025
Description
Authorizing City to Join an Amicus Curiae Brief in Support of the City of Miami in the Karenza Apartments LLP v. City of Miami Appeal
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RESOLUTION NO. 2025 - .318J <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, AUTHORIZING THE CITY OF SUNNY ISLES BEACH TO JOIN AN AMICUS <br />CURIAE BRIEF IN SUPPORT OF THE CITY OF MIAMI IN THE KARENZA APARTMENTS <br />LLP V. CITY OF MIAMI APPEAL; AUTHORIZING THE CITY MANAGER AND CITY <br />ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS <br />RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, the City of Miami is currently defending a favorable judgment on appeal in the <br />Karenza Apartments LLP v. City of Miami lawsuit ("Karenza Matter"), which is pending before the <br />Third District Court of Appeal; and <br />WHEREAS, the outcome of the Karenza Matter may significantly impact municipalities <br />throughout Florida, including the City of Sunny Isles Beach (the "City"), by potentially expanding <br />the scope of the Bert J. Harris, Jr. Private Property Rights Protection Act (the "Act") beyond its <br />current interpretation; and <br />WHEREAS, an expansive interpretation of the Act, as advocated by the Plaintiff in the <br />Karenza Matter, could increase municipal exposure to liability and monetary judgments, thereby <br />burdening taxpayers and diverting resources from essential public services; and <br />WHEREAS, such an interpretation may undermine the principle that waivers of sovereign <br />immunity should be construed narrowlyto protect publicfunds and preserve municipal autonomy; <br />and <br />WHEREAS, the Act was intended to provide relief to landowners facing inordinate burdens <br />due to government regulation, not to serve as a general remedy for all zoning or regulatory <br />grievances; and <br />WHEREAS, the City Commission recognizes that a broad interpretation of the Act may have <br />a chilling effect on the ability of local governments to implement or modify zoning laws, building <br />codes, and other land -use regulations that serve the public interest; and <br />WHEREAS, the City of Miami Beach and the City of Hialeah have agreed to jointly submit an <br />amicus curiae brief in support of the City of Miami's position, and have invited the City to join in <br />this effort; and <br />WHEREAS, the City Commission finds that it is in the best interest of the City and its <br />residents to support the City of Miami in this matter by joining the amicus curiae brief. <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Agreement to Join the Amicus Curiae Brief. The City Commission hereby agrees to <br />join the amicus curiae brief alongside the City of Miami Beach and the City of Hialeah. <br />@Bd@2020c370 Page 1 of 2 668 <br />
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