Reso 2015-2445 - Laserfiche WebLink

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B. Respondent's witnesses presented speculative evidence regarding Respondent's ability to obtain various permits from a host of governmental entities. At trial, Thomas Checca was permitted to testify that it was reasonably probable that Respondent could obtain the requisite permits to develop it as a private docking facility. Trial T. 675-76. On cross-examination, Mr. Checca conceded that in order to develop the property for such use, Respondent would be required to obtain permits from a host of governmental entities, including the Miami-Dade County Department of Environmental Resource Management ("DERM"), the U.S. Army Corps of Engineers, and the City of Sunny Isles Beach. Trial T. 680, 696. This testimony was allowed despite the fact that Respondent had taken no affirmative steps to apply for any such permits. Trial T. 606. Stephen Carney was also permitted to testify that it was reasonably probable that the requisite environmental permits would be issued, which would enable Respondent to develop the property as a docking facility. Trial T. 589-90. On cross-examination, Mr. Carney conceded that DERM would not have necessarily accepted the Uniform Mitigation Assessment score that Mr. Carney assigned to the property, which he relied upon in determining. the permit would be issued by DERM. Trial T. 601-02. And although Mr. Carney testified that he had spoken with a DERM employee regarding the possibility of obtaining the necessary permits, Trial T. 598, he acknowledged on cross-examination that the State of Florida's Department of Environmental Protection and the U.S. Army Corps of Engineers would also have jurisdiction over any permit applications. Trial T. 604-05.1 No such permit applications had been submitted. Trial T. 606. In addition, Mr. Rahenkamp was allowed to testify that the property could likely be re-zoned to recreation and open space, and that docks would be permitted under that desienation. Trial T. 638, 640. On cross-examination, however, he acknowledged that Respondent would have to submit an application to the City of Sunny Isles Beach to re-zone the property to such desienation. Trial T. 642. Mr. Rahenkamp also admitted that Respondent had not submitted any permit applications to Miami-Dade County or the City. Trial T. 653. 6