Click here to load reader
Upload
grant-stern
View
7
Download
2
Embed Size (px)
DESCRIPTION
Bringing Midtown Miami residents up to date on what's going on in the fight against Walmart
Citation preview
NoWalmartinMidtown.com
Open Letter to Residents and Business Owners of Midtown
Dear Midtown Residents,
We’ve been fighting Walmart represented by former Miami Mayor Manny Diaz and a dozen lawyers &
lobbyists, alongside a few dedicated neighbors for nearly four years. The last two years have been primarily court
battles, and as such haven’t involved the community efforts which marked the first two years of this odyssey.
However, matters have finally come to a head! Walmart admitted in court this year that mall company
DDR owns the option to buy the land back if they don’t begin building by the start of the upcoming new year.
Permit regulations should prevent a new application for 12 months if this one expires on November 21st.
Walmart’s plan returned from a lost Circuit Court review in our favor with a unanimous 30 decision in
favor of residents that a gross injustice was committed by the City of Miami approving an illegal zoning variance in
the face of vocal public opposition. It’s our contention, supported by zoning ordinance, that Walmart should’ve had
to reapply from scratch after their last plan needed substantial changes, and pay the $10,000 fee and go through the
process start to finish properly again. At the very least, the city had to make a firm decision on that fact as required
by our local zoning laws, BEFORE hearing the matter at the City Commission. The city skipped it! The reason
we’re still fighting Walmart today is because the Circuit Court and our former attorney missed a gross injustice at
that kangaroo court hearing too. Luckily, our new counsel from Dubbin & Kravetz wrote a spectacular legal brief to
convince the 3rd District Court to review our case. Sam Dubbin’s a lawyer with 33 years experience, who is fighting
the City’s illegal development plans on Watson Island too. We were fortunate to find such a brilliant appellate
advocate on short notice to take over a case with a special burden to continue the appeal. Our findings revealed
complicity at the highest level of local government to assist Walmart in violation of not only local law and Florida
Sunshine Law, but common decency. That is the reason the 3rd District Court took our case. On November 7th, the
City sent notices of a meeting to approve Walmart’s plan to stakeholders and objectors. On November 10th, the
City Attorney wrote the final legislation denying residents ten days before the hearing (yes, the commission’s
decision) and approved it for form. On November 12th, the City set the agenda and then on November 13th Walmart
submitted plans. The City of Miami’s Planning Director Francisco Garcia then “approved” the plans illegally on
SATURDAY, November 15th and the City Manager illegally inserted those plans on November 17th… all for a
November 20th hearing. The City refused all of our public records requests too.
That’s why this is the one and ONLY time we will ask for cash, to finish our court appeal in Florida’s 3rd District
State Court of Appeals.
Even $1 will help but we need to reach $25,000 to fully pay our legal bills!!! If you cannot donate, then please
share this link everywhere: http://igg.me/at/nowalmartinmidtown2015
Please visit www.nowalmartinmidtown.com for all of the details and the petition
Keep updated at facebook.com/NoWalmartinMidtown and spread the word!