HomeMy WebLinkAboutReso 2025-3899RESOLUTION NO. 2025 - .318J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AUTHORIZING THE CITY OF SUNNY ISLES BEACH TO JOIN AN AMICUS
CURIAE BRIEF IN SUPPORT OF THE CITY OF MIAMI IN THE KARENZA APARTMENTS
LLP V. CITY OF MIAMI APPEAL; AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami is currently defending a favorable judgment on appeal in the
Karenza Apartments LLP v. City of Miami lawsuit ("Karenza Matter"), which is pending before the
Third District Court of Appeal; and
WHEREAS, the outcome of the Karenza Matter may significantly impact municipalities
throughout Florida, including the City of Sunny Isles Beach (the "City"), by potentially expanding
the scope of the Bert J. Harris, Jr. Private Property Rights Protection Act (the "Act") beyond its
current interpretation; and
WHEREAS, an expansive interpretation of the Act, as advocated by the Plaintiff in the
Karenza Matter, could increase municipal exposure to liability and monetary judgments, thereby
burdening taxpayers and diverting resources from essential public services; and
WHEREAS, such an interpretation may undermine the principle that waivers of sovereign
immunity should be construed narrowlyto protect publicfunds and preserve municipal autonomy;
and
WHEREAS, the Act was intended to provide relief to landowners facing inordinate burdens
due to government regulation, not to serve as a general remedy for all zoning or regulatory
grievances; and
WHEREAS, the City Commission recognizes that a broad interpretation of the Act may have
a chilling effect on the ability of local governments to implement or modify zoning laws, building
codes, and other land -use regulations that serve the public interest; and
WHEREAS, the City of Miami Beach and the City of Hialeah have agreed to jointly submit an
amicus curiae brief in support of the City of Miami's position, and have invited the City to join in
this effort; and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to support the City of Miami in this matter by joining the amicus curiae brief.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Agreement to Join the Amicus Curiae Brief. The City Commission hereby agrees to
join the amicus curiae brief alongside the City of Miami Beach and the City of Hialeah.
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Section 2. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate the terms of this
Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
ATTEST:_:
PASSED AND ADOPTED this 181h day of pte er, 2025.
Larisa Svechin, Mayor
CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
.a
Alain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
rv1se *econded by:
1
Moved by: Jew
Vote: /
Mayor Svechin ✓ (Yes) (No)
Vice Mayor Lama (Yes) (No)
Commissioner Joseph Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Alain E. Boileau, City Attorney
DATE: September 18, 2025
RE: Joining the City of Miami and the City of Hialeah in the Amicus Curiae Brief
Related to Karenza Apartments LLP v. City of Miami
RECOMMENDATION:
This resolution is presented for consideration.
REASONS:
The attached resolution proposes that the City of Sunny Isles Beach join an amicus curiae brief
alongside the Cities of Miami Beach and Hialeah in support of the City of Miami in the Karenza
Aprtments LLP v. City of Miami case, currently before the Third District Court of Appeal. This case could
significantly impact how the Bert J. Harris, Jr. Act is applied to municipalities, potentially increasing legal
exposure and financial liability for cities across Florida. By joining the brief, Sunny Isles Beach would be
standing with fellow municipalities to advocate for a narrow interpretation of the Act, preserve local
decision-making authority, and protect public resources. Staff recommends approval of the resolution.
ATTACHMENTS:
Resolution
Item Number: 9.W
667