Amicus Curiae Brief - City of Miami

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RESOLUTION NO. 2025 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY OF SUNNY ISLES BEACH TO JOIN AN AMICUS CURIAE BRIEF IN SUPPORT OF THE CITY OF MIAMI IN THE KARENZA APARTMENTS LLP V. CITY OF MIAMI APPEAL; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami is currently defending a favorable judgment on appeal in the Karenza Apartments LLP v. City of Miami lawsuit ("Karenza Matter"), which is pending before the Third District Court of Appeal; and WHEREAS, the outcome of the Karenza Matter may significantly impact municipalities throughout Florida, including the City of Sunny Isles Beach (the "City"), by potentially expanding the scope of the Bert J. Harris, Jr. Private Property Rights Protection Act (the "Act") beyond its current interpretation; and WHEREAS, an expansive interpretation of the Act, as advocated by the Plaintiff in the Karenza Matter, could increase municipal exposure to liability and monetary judgments, thereby burdening taxpayers and diverting resources from essential public services; and WHEREAS, such an interpretation may undermine the principle that waivers of sovereign immunity should be construed narrowlyto protect publicfunds and preserve municipal autonomy; and WHEREAS, the Act was intended to provide relief to landowners facing inordinate burdens due to government regulation, not to serve as a general remedy for all zoning or regulatory grievances; and WHEREAS, the City Commission recognizes that a broad interpretation of the Act may have a chilling effect on the ability of local governments to implement or modify zoning laws, building codes, and other land -use regulations that serve the public interest; and WHEREAS, the City of Miami Beach and the City of Hialeah have agreed to jointly submit an amicus curiae brief in support of the City of Miami's position, and have invited the City to join in this effort; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to support the City of Miami in this matter by joining the amicus curiae brief. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Agreement to Join the Amicus Curiae Brief. The City Commission hereby agrees to join the amicus curiae brief alongside the City of Miami and the City of Hialeah. @Bcl@6815958b Page 1 of 2 378