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On March 31, 2022, the Village of Palmetto suffered a legal defeat in the case of the lawsuit filed by Yacht Club by Luxcom against the Village regarding the former FPL property. The Village had asked that the case be dismissed because the impact of ordinances enacted in 2019 regarding the property was uncertain and needed to be clarified before Luxcom could sue the Village – the judge disagreed and ruled that the case may proceed.
In November 2020, Yacht Club by Luxcom, LLC (“Luxcom”) sued the Village of Palmetto Bay (the “Village”) under the Bert J. Harris, Jr. Private Property Protection Act to recover more than $20,000,000.00 in compensation for losses caused by the Village’s efforts to prevent Luxcom from developing its property.
The focal point of the lawsuit is two Ordinances that the Village enacted in 2019, which specifically and exclusively target the property and prohibit Luxcom from developing the property located at 6525 SW 152nd street for its institutional uses.
The Village enacted the Ordinances despite having represented to Luxcom in writing before it purchased the property in 2018 that institutional uses where allowable uses. Luxcom claims The Village misled them, as the Village failed to disclose what it now admits was an ongoing, “Plan” to severely limit development of the property through the enactment of the Ordinances.
Since Luxcom commenced its lawsuit, the Village has attempted to avoid having the Court address the Village’s actions. The Court agreed with Luxcom that the Ordinances have been applied to the property and that Luxcom’s claims in the lawsuit are ripe.
When asked about the litigation Mr. Oscar Barbara, the CEO & Chairman of Luxcom, responded – “We are pleased that the Court saw through the Village’s tactics and we look forward to moving vigorously and swiftly with discovery and the preparation for trial in what will be an expensive case with tens of millions of dollars at risk to the Village and its tax payers. As a result of the Court’s ruling, the lawsuit will now proceed forward on its merits, and the Village will finally be held accountable for its conduct and the harm it caused to Luxcom’s property.”
Barbara added – “additionally, documents obtained through their Public Records Request show that the Village has already spent more than $750,000 in the different legal matters with Luxcom through October 2021, and this case has just begun.”
When Mayor Karyn Cunningham was asked to comment about the most recent court ruling, she said that because it was an ongoing case, she could not comment and directed any questions to the Village Attorney.
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