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City of Miami Beach v. CHISHOLM PROP. SOUTH BEACH, INC.
Citation: 830 So. 2d 842Docket: 3D01-3294, 3D01-3298
Court: District Court of Appeal of Florida; November 26, 2002; Florida; State Appellate Court
The District Court of Appeal of Florida, Third District, addressed the case involving the City of Miami Beach and multiple respondents, including Chisholm Properties South Beach, Inc. and RPH Hotel Associates, LLC, regarding a petition for writ of certiorari. On July 1, 2002, the court unanimously denied the petition without opinion, following a prior decision by the Appellate Division of the Eleventh Judicial Circuit. The underlying case involved a hotel owner's attempt to secure unauthorized height variances through a settlement related to a lawsuit against the City under the Bert J. Harris, Jr. Private Property Rights Protection Act. The circuit court, led by Judge Altonaga, found this maneuver to be unjustified and illegal. The court also denied motions for rehearing, both regular and en banc, with concurrence from various judges. Chief Judge Schwartz specially concurred, emphasizing the court's unanimous decision and expressing strong agreement with the circuit court’s insights. He highlighted concerns regarding the integrity of the proceedings, suggesting that the motions for rehearing were frivolous and proposing that sanctions under Florida Statutes and appellate rules should be considered against the petitioners. Judge Fletcher recused himself from the proceedings.