You are on page 1of 18

EXD 073

EXD 074
EX E
SUPPLEMENTAL MATERIALS
1. David Smiley, Ruling in Miami Walmart Lawsuit May Resolve Little, Miami Herald, Oct. 24,
2014 (available at http://www.miamiherald.com/news/local/community/miami-
dade/article3356081.html) (captured on Sept. 24, 2017).

BN EXE 001

2. Planning & Zoning Meeting Page, Nov. 21, 2013 City Commission Hearing (available at
http://miamifl.iqm2.com/Citizens/Detail Meeting.aspx?ID=1527) (captured on Sept. 19,
2017).

BN EXE 004

3. Planning & Zoning Meeting Page, Nov. 21, 2013 City Commission Hearing (available at
http://miamifl.iqm2.com/Citizens/Detail Meeting.aspx?ID=1527) (captured on Sept. 19,
2017).

BN EXE 008

4. PRR 15-165, Citys Production Timeline (Sept. 18, 2015 Feb. 16, 2016) (available at
https://miami.nextrequest.com/requests/15-165) (captured on Sept. 21, 2017).

BN EXE 009

5. PRR 16-107, Citys Production Timeline (March 23, 2016 May 04, 2016) (available at
https://miami.nextrequest.com/requests/16-107) (captured on Sept. 21, 2017).

BN EXE 013

6. PRR 16-132, Citys Production Timeline (April 06, 2016 April 27, 2016) (available at
https://miami.nextrequest.com/requests/16-132) (captured on Sept. 24, 2017).

BN EXE 014

7. PRR 16-135, Citys Production Timeline (April 11, 2016 Aug. 18, 2016) (available at
https://miami.nextrequest.com/requests/16-135) (captured on Sept. 24, 2017).

BN EXE 015

PLAINVIEW LAW pllc


t.305.632.4002 | chris@plainviewlawfirm.com | f.786.204.0802

Page 1 of 1
9/24/2017 Ruling in Miami Walmart lawsuit may resolve little | Miami Herald

MIAMI-DADE COUNTY

Ruling in Miami Walmart lawsuit may resolve little


BY DAVID SMILEY
dsmiley@MiamiHerald.com

OCTOBER 24, 2014 7:11 PM

In the David-and-Goliath fight between Miami residents and Walmart, a ruling last week by a panel of
judges that a planned Midtown superstore narrowly violated the citys zoning laws has been hailed by
foes of the worlds largest retailer as a significant victory.

Three judges told City Hall it upheld a permit for a 203,000-square-foot project last year in departure
from the essential requirements of the law. Walmart, for all its heft and high-powered attorneys
including former Miami mayor Manny Diaz was told to go back and secure a proper permit.

But in the wake of the ruling, Walmart and the Miami City Attorneys office havent flinched.

ADVERTISING

http://www.miamiherald.com/news/local/community/miami-dade/article3356081.html
EXE 001 1/3
9/24/2017 Ruling in Miami Walmart lawsuit may resolve little | Miami Herald

Plans are already under way to bring the issue of Walmarts permit back to the Miami Commission as
early as next month for what attorneys believe should be a quick fix. The retailer, happily stating that
the court sided mostly with Walmart and the city, is predicting it will receive an amended permit in
short order.

Thats raising objections from Walmarts opponents, who say the ruling demands the entire permitting
process must start from scratch.

If the city of Miami dares to defy the ruling of those three judges and break its own laws again after the
judges ruled they broke its laws a first time, well sue once again, pledged anti-Walmart activist Grant
Stern.

Stern and others have been fighting Walmart since the summer of 2012, when the company submitted
an application for its three-story superstore bounded by Northeast 29th and 31st streets, and North
Miami Avenue and Midtown Boulevard. The project was eventually approved administratively through
a Class II Special Permit by Miamis planning director, Francisco Garcia.

Stern and others appealed, saying Walmarts project conflicted with the citys zoning code and required
major variances. The citys Planning Zoning and Appeals Board rejected the appeal, and then the city
commission upheld that decision.

Undeterred, Walmart foes petitioned Miami-Dades circuit court, leading to last weeks decision by a
three-judge panel. The panel agreed with the city and Walmart on most issues. But, noting the
petitioners most compelling argument was that improperly granted variances required the
application be resubmitted, the panel said Walmarts receipt of five loading berths was more than the
three total allowed by zoning code.

The panel then quashed the commissions decision upholding the zoning boards denial of the appeal,
and remanded the issue back to the city.

Activists declared victory. But so did Walmart, which swiftly issued a statement saying the retail chain
would look forward to receiving an amended permit as soon as possible. Miami City Attorney Victoria
Mendez said this week that the city commission will now reconsider the appeal, but only on the narrow
issue of the number of loading berths.

It will be a hearing limited to that issue, Mendez wrote in an email.

As long as Walmart which declined to comment for this story is amenable to three berths, the
commission can correct the issue and the permit can be amended administratively, she said. Garcia, the

http://www.miamiherald.com/news/local/community/miami-dade/article3356081.html
EXE 002 2/3
9/24/2017 Ruling in Miami Walmart lawsuit may resolve little | Miami Herald

planning director, said that might actually result in a worse project, one that would comply with the
courts curious ruling but would generate more street traffic, with trucks forced to wait to unload
their wares.

I dont see how five loading berths makes it worse, he said. If anything it makes it better.

Paul Savage, attorney for the petitioners, said his clients simply want the city to follow its own laws. He
said his clients will fight to ensure thats what happens.

Should the Commission seek to skirt the correct and proper process again, the Court will no doubt
quash the Commissions Resolution again for misunderstanding and flouting its ruling, said Savage.
The City Commission cannot amend, ratify or breathe life into a void, illegal permit.

http://www.miamiherald.com/news/local/community/miami-dade/article3356081.html
EXE 003 3/3
EXE 004
EXE 005
EXE 006
EXE 007
EXE 009
EXE 010
EXE 011
EXE 012
EXE 013
EXE 014
EXE 015

You might also like