ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE …ij.org/wp-content/uploads/2011/10/hialeah-vending_anwer-affirmative-defenses-to... · CASE NO. 11-3 3223 CA 25 SILVIO MEMBRENO

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IN THE CIRCUIT COURT OF THEELEVENTH JUDICIAL CIRCUIT, IN ANDFOR MIAMI-DADE COUNTY, FLORIDA

CASE NO. 11-3 3223 CA 25

SILVIO MEMBRENO andFLORIDA ASSOCIATION OFVENDORS, INC.,

Plaintiffs,

v.

THE CITY OF HIALEAH, FLORIDA,

Defendants._______________________________/

DEFENDANT CITY OF HIALEAH’S ANSWER ANDAFFIRMATIVE DEFENSES TO PLAINTIFF’S AMENDED COMPLAINT

COMES NOW Defendant City of Hialeah, by and through its undersigned attorneys, and

hereby files this its Answer and Affirmative Defenses to Plaintiff’s Amended Complaint as

follows:

1. The City is without sufficient knowledge to form a belief as to the allegations

contained in paragraph 1 of the Complaint, and therefore denies those allegations and demands

strict proof thereof.







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4. The City admits the allegations contained in paragraph 4 of the Complaint.











contained in paragraph 8 of the Complaint and demands strict proof thereof.


10. The City admits the allegations contained in paragraph 10 of the Complaint

11. The City states that paragraph 11 of the Complaint is a legal conclusion to which

no response is required.




contained in paragraph 13 of the Complaint and demands strict proof thereof.




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46. The City states that the Ordinances speak for themselves.

47. The City admits that the 300-foot proximity restriction as well as other provisions

of the Ordinance repealed and/or amended on January 8, 2013. The City denies the remainder of

the allegations contained in paragraph 47 of the Complaint and demands strict proof thereof.

48. The City denies the allegations contained in paragraph 48 of the Complaint and

demands strict proof thereof.

49. The City states that the Ordinance speaks for itself.









56. The City states that Hialeah’s Zoning Code speaks for itself.

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57. The City states that the Ordinance speaks for itself. The City denies the

remainder of the allegations contained in paragraph 57 of the Complaint and demands strict

proof thereof.





















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69. The City states that the Ordinances speaks for itself.











76. The City states that the Statute speaks for itself.

77. The City states that paragraph 77 is a legal conclusion to which no response is

required.






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125. The City admits the existence of a log. The City is without sufficient knowledge

to form a belief as to the remainder of the allegations contained in paragraph 125 of the

Complaint, and therefore denies those allegations and demands strict proof thereof.










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129. The City states the Application speaks for itself. The City is without sufficient

knowledge to form a belief as to the remainder allegations contained in paragraph 129 of the

Complaint, and therefore denies those allegations and demands strict proof thereof.



131. The City admits that City police have instructed people not to vend on state roads

in the City. The City is without sufficient knowledge to form a belief as to the remainder of the

allegations contained in paragraph 131 of the Complaint, and therefore denies those allegations

and demands strict proof thereof.














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146. The City incorporates Paragraphs 1 through 145 by reference.

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147. The City states that the Constitution speaks for itself.

148. The City states that the allegations in paragraph 148 of the Complaint call for

legal conclusions to which no response is required.













155. The City states that the Constitution speaks for itself.








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All allegations not specifically admitted herein are hereby denied.

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

Plaintiffs’ claims fail to state a cause of action as Plaintiffs have no right to declaratory

relief or injunctive relief and otherwise fail to state any cause of action against this Defendant

upon which relief may be granted.

SECOND AFFIRMATIVE DEFENSE

Plaintiffs’ claims fail against the City as the City has not issued any tickets, citations or

fines or made any arrests under the referenced ordinance sections. The City has properly

enforced the applicable Miami-Dade County and State of Florida regulations pertaining to

vendors.

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THIRD AFFIRMATIVE DEFENSE

Plaintiffs lack standing to bring this action because they do not have a legally cognizable

interest in the outcome of the case and do not have the requisite special injury necessary to

confer standing.

FOURTH AFFIRMATIVE DEFENSE

Plaintiffs’ claims are barred by the doctrine of unclean hands.

FIFTH AFFIRMATIVE DEFENSE

Plaintiffs’ claim for attorneys’ fees should be stricken as there is no basis in law for such

recovery against this Defendant.

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Respectfully submitted,

AKERMAN SENTERFITTAttorneys for Defendant CITY OF HIALEAHOne Southeast Third Avenue25th FloorMiami, FL 33131-1704Phone: (305) 374-5600Fax: (305) 374-5095Email: [email protected]: [email protected]

By:/s/Jennifer GlasserMichael Fertig, Esq.Florida Bar No. 358754Jennifer Glasser, Esq.Florida Bar No.: 123145

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served

electronically this 23rd day of May, 2013 upon: Claudia Murray, Esq., Institute for Justice,

Florida Chapter, 999 Brickell Avenue, Suite 720, Miami, FL 33131.

/s/Jennifer GlasserAttorney

Documents

ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE …ij.org/wp-content/uploads/2011/10/hialeah-vending_anwer-affirmative-defenses-to... · CASE NO. 11-3 3223 CA 25 SILVIO MEMBRENO