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Home My Public Portal About16-9191 Defend the Lawsuit Brought by Joseph Barton Sponsored by: City Attorney RESOLUTION NO. 16-9191 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO DEFEND THE LAWSUIT BROUGHT BY JOSEPH BARTON, ET AL, VS. THE CITY OF OPA-LOCKA, FLORIDA, CASE # 2016-11180 CA-01 SECTION 24 (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City is has been sued in Joesph Barton, et al, vs. The City of Opa-locka, Florida; Case # 2016-11180 CA-01 (24); and WHEREAS,It is in the best interest of the City to defend this lawsuit; and NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. Pursuant to the agreement the City has with The Brown Law Group, LLC, The Brown Law Group, LLC, is hereby authorized to defend the lawsuit of Joesph Barton, et al, vs. The City of Opa-locka, Florida; Case #: 2016-11180 CA-01 (24) Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1st day of Tune, 2016. Alr Al "yra . Tay or Mayor Resolution No. 16-9191 Attest to: Approved as to form and legal sufficiency: • '410)\c,—. Jo' a Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: VICE MAYOR HOLMES Seconded by: COMMISSIONER KELLEY Commissioner Vote: 3-1 Commissioner Kelley: YES Commissioner Santiago: YES Vice Mayor Holmes: NO Mayor Taylor: YES p:kdting document https://www2.miami-dadeclerk.com/ocsNiewerHTML5.aspx?QS=... � 111ng #41182554 E-Filed 05/06/2016 01:17:57 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,FLORIDA. 0 I THE COUNTY COURT IN AND FOR MIAMI-DARE COUNTY,FLORIDA. Oi DIVISION SUMMONS 20 DAY CORPORATE SERVICE CASE NUMBER Q CIVIL 0 OTHER 2016-011180-CA-01 ❑ DISTRICTS (a)GENERAL FORMS Section 24 PLAINTIFF(S) VS. DEFENDANT(S) SERVICE BARTON and JAIDEN CONTRERAS THE CITY OF OPA-LOCKA, FL ,' ' A THE STATE OF FLORIDA: To Each Sheriff of the State; YOU ARE COMMANDED to serve this summons and copy of the complaint or petition in this action on "' defendant(s): Myra Taylor, Mayor " Opa-locka City Hail,4th Floor w 780 Fisherman Street Opa-locka, FL 33054 Each defendant is required to serve written defense to the complaint or petition on ' .r— Plaintiffs Attorney: James H.Greason,Fla.Bar#247911 ` whose address is: P. O. Box 800351 Aventurar FL 33280 within 20 days° Except when suit is brought pursuant to s.76828.Florida Statutes.Itthe State of,Florida,one of its agencies, or one of its officials or employees sued in his or her official capacity is a defendant.the time to respond shall be 40 days, When suit is brought pursuant to.768,28.Florida Statutes.the time to respond shall be 30 days." after service of this summons on that defendant,exclusive of the day of service,and to file the original of the defenses with the Clerk of this Clerk Court either before service on Plaintiffs attorney or immediately thereafter. If a defendant fails to do so,a default will be entered against that defendant for the relief demanded in the complaint or petition. DATE HARVEY RUVIN cousyy�: 5/10/2018 CLERK of COURTS c i 311108 DEPUTY CLERK AMERICANS WITH DISABILITIES A ADA NOTICE "If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Eleventh Judicial Circuit Court's ADA Coordinator,Lawson E. Thomas Courthouse Center, 175 NW 1St Ave., Suite 2702, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711." 1 of CYLKlCT 314 Rev,02116 Clerk's web address,www.miamilI 15rkno..55 AM printing Document https://www2.miami-dadeclerk.com/ocsNiewerHTML5.aspx?QS=... !Filing#41045378 E-Filed 05/03/2016 08:20:34 PM IN ME CJ'RCLJIT COURT OF 111E 11m'JUDICIAL CIRCUIT OF FLORIDA AND FOR MIAMI-DADE COUNTY CmRCUIT CIVIL DIVISION JOSEPH'BARTON and CASE NO. JALDEN CONTRERAS, Plaintiffs, CITY CITY OF OPA-LOCKA, FL, Defendant. COMPLAINT FOR DAMAGES AND EMERGENCY VERSED MOTION FOR INJUNCflVE RELIEF Plaintiffs,Joseph Barton,individually,and Jaiden Contreras,individually, sue Defendant, City of Opa4ocka,and allege: tir iii It Land pgrvi 1. Plaintiffs claim damages exceeding $15,000.00 and also seek injunctive relief within the jurisdiction of this Court. The due process and estoppel claims are predicated on 42 i3.S.C. §*1983& 1988. 2. Plaintiff.Joseph Barton owns a parcel of real estate vaned for industrial use situated in the City of Opa-Iocka,Florida. 3. Co-plaintiff Jaiden Contreras is a resident of Miami-Dade County and owner of Top Notch Liquors,Inc.,is a lessee of said parcel. 4. Defendant City of Opa4ocka is a charter municipality in Miami-Dade County, Florida. Egos commrNr_trrall cpunm.r 6. Co,plaintiff Barton has owned commercial premises in Opa-locka since 1984. Said premises were then used and for pack-age liquor retail sales pursuant to Dpa-loc:ka's express 1 1 of 14 5/11/16,11:58 AM „printing'document https://www2.miami-dadeclerk.com/ocslViewerHTML5.aspx?QS=... allowance of such use under its Zoning Code, and said premises have since been continuously used as such pursuant to permits for that use issued by defendant City of Opalocka and with no notice of any zoning violation by Defendant City of Qpa-iocka. 7. However, by letter dated May 27, 2014, defendant's City Manager, acting under color of law,revoked Barton's occupational license and denied further use of the premises as a package liquor store"pending satisfaction of city and development regulation requirements”as set forth in Article 4.4 of the city's Zoning Code. Said letter specifically requited adherence to setbacks, landscaping, and parking requirements and also required that the three continguous parcels be unified under one folio number. See Exhibit A, attached hereto and incorporated by reference. 8. In reliance thereon, Plaintiff Barton applied for site plan nMew by the City's Zoning Board and received approval by that Board,and his tenant, co-plaintiff Jaiden Contreras relied thereon in making improvements and preparations for use of the premises. 9. Plainti#fBartora installed landscaping above and beyond that required under Qpa- lo cka's zoning code, installed new lighting and striping in the parking lot, combined his three contiguous percea into one,and otherwise complied with all requirements set forth in said letter. 10. On April in, 2016,the City of Opa-locka Building Official issued a Certificate of Completion and Certificate of Occupancy.See Exhibits B and C. Notwithstanding Plaintiff Barton's compliance with the requirements set forth in said letter, Defendant City of Opa4ocka has since verbally, but not in writing as required by code, refused to allow Plaintiff or his lessee,co-plaintiff Commas,to re-open the package liquor store on the premises, and has refused to respond to the application of his tenant, co-plaintiff Contreras,for an occupational license for that use,and has refused to issue a Certificate of Use for that use, few.:I ,ton's Oak:for,l_.7enfat is 'Dtce cs 11, iJ 1----10 are really. 12. Plaintiff Barton has a vested property interest in the use of bi.,s property as a package liquor store,an expressly permitted use under Casa-to cka's zoning code at the time of his purchase and continuous use as such. 2 2 of 14 5/11/16, 11:58 AM sprinting document https://www2.miami-dadeclerk.com/ocsNiewerHTML5.aspx?QS=... 13. Defendant City had no legal basis to revoke his Certificate of Use, nor his Occupational License for that use. 14. Defendant. City had no legal basis to suspend au use of the premises, nor to require the improvements demanded in the May 24,2014,letter. (Exhibit A). iS. Plaintiff-was not given written notice of the grounds for revocation as required by the Opa-tocka Code and was therefore denied an opportunity for review as provided in said Code. 16. In reliance thereon, Plaintiff Barton made improvements to the property well- exceeding S15,000.00 in order to comply with the Cut's requirements set forth in said letter. Plaintiff has also incurred attorney fees and costs in unifying title under one folio number, and the unification of title has impaired the the marketability of the premises. 17. Plaintiff has also suffered the loss of rental income approximately $50,000.00, due to the City's requirements set forth in said letter; which expressly disallowed"any business" to operate on the premises pending completion of the demands therein_ 1 . Plaintiff Barton expended attorney lees herein and is entitled to an award of fees upon prevailing herein. 'WHEREFORE,Plaintiff Joseph Barton demands judgment against the City ofOpa4ocka for damages,attorney fees and costs and further demands trial by jury. ,9!Atr.IL Barton's(Taint Estoppoi 19. r: 1---10 are rcalleged. 20. Plaintiff Barton at all times relied in good thith on the City's letter of May 24, 2014,and complied therewith at considerable expense as aforesaid. 22. Plaintiff Barton expended attorney fees and is entitled to an award of fees upon prevailing herein. WHEREFORE, Plaintiff Joseph Barton demands judgment against the City of Opa-locka for damages,attorney fees and costs and further demands trial by jury. 3 3 of 14 5/11/16, 11:58 AM printing'document https://www2.miami-dadeclerk.com/ocsNiewerHTML5.aspx?QS=... kun#rr 23. ti 1---10 are realleged. 24. Co-plaintiff Contreras has a.property interest as lessee of co-plaintiff's premises. 25. Co plaintiff Contreras submitted an application to defendant City of Cpa4locka for an occupational license under his corporate name to operate a package liquor store, and he paid the application fee, but he received no response as require/ by Opa-Iocka's Code of Ordinances and was thereby denied his right to appeal. 26. Co-plaintiff Contreras expended well in excess. of$15=000.00 in preparing the Premises Apr that use,and he lost profits from the City's refusal to issue the license. 27. Defendant City of Opa-locka had no legal basis to refuse the application and at all times acted under color of law. 28. As a result,co-plaintiff Contreras suffered damages. 29. Co-plaintiff Contreras expended attorney fees and is entitled to an award of fees upon prevailing herein. WHEREFORE,coplaintiffAddeo Contreras demands judgment against the City of Opa- tocka for damages,attorney fees and costs and further demands trial by jury. mini chyinfor. kjppet 30. J 1.- -10 are realleged. 31. Co-plaintiff Contreras,as lessee&the subject premises, at all times relied in good faith on the City's letter of May 24,2014,and made improvements to the subject premises. 32. Co-plaintiff Contreras expended attorney fees and is entitled to an award of fees upon prevailing herein. 4 4 of 14 5/11/16, 11:58 AM printing document hops://www2.miami-dadeclerk.com/ocs/ViewerHTML5.aspx?QS=... WHEREFORE,PlaintifTJoseph Barton demands judgment against the City of Opa locka for damages,attorney fees and costs and further demands trial by jury EMEI tMICNCY VERIFI_taal CiN FO. IN JUNCM , Plaintiffs move for injunctive relief and as grounds therefor state: 1. Plaintiffs, as owner and lessee,respectively,have a vested property interest in use of the subject premises as a package liquor store. 2. Said use was expressly permitted. under Opa-locka's Zoning Code for that use when.Plaint tf Barton acquired the property in 1984, and that use has since been maintained by Plaintiff and his lessees,including cO-plaintifyContreras. 3. Defendant City of Opa-locka has no legal basis to prohibit use of the subject premises as a package liquor store,and Plaintiffs have a clear legal right to the relief requested. 4. Plaintiffs continue to suffer damages as a result of the City's prohibition of that use and will suffer irreparable damages if injunctive relief is not granted. 5. The public interest is served by economic development and taxes generated thereby, and the public interest will be served by the requested temporal' injunction Provident Management Corp. s City of treasure Island,7%So.2d 481 (Fla, 2001) WHEREFORE, Plaintiffs request this Court to enter temporary and permanent injunctions allowing use of the subject premises as a package liquor store. Under penalties of perjury,I declare that.1 have read the foregoing Verified Motion for Injunction,and the facts stated in it are true to the best of my knowledge and belief., Jaiden Contreras Joseph.Barton 5 5 of 14 5/11/16,11:58 AM **w WI lelb 17:16 385- irritigi/ llamilld$]ieelerk.com/ocsNiew MlA.aspx?QS=... printing:document 'S HERCFQRE,Plaintiff Joseph Batton demands judgment against the City of Opa-locka far damages,attorney fees and cats and&niter demands trial by jury Z' &g CY younkumgc you.gyamuoli Plaintiffs move for injunctive relief and as grounds therefor state; 1. Plaintifil,as owner and lessee,respactiveiy,have at vested per Interest in use of the subject ct premises as a page liquor stare. 2. Said use was expressly pitted under Opa locka's Zoning Code for that use when Plaintiff Batton acquired the prppert,in 1984,and that use has since been maintained by Plaintiff and his lessees,including co-plaintiff iCommis& 3. Defendant ndant City of Opa-locks has no legal basis to prohibit use of the subject premises as a package liquor store,and Plaintiffs have a clear legal right to the relietxequcsted. • 4. Plaintiffs continue to suffer damages as a result of the City's prohibition of that use and will suffer breparable damages If injunctive relief's met granted. 5• The public interest is served by economic development thereby,and the public isgstcrtr$t will be served the and reacts generated Manc�smenr Cvr . v. by requested temporary injunction.Provident p City rf:Nature Istcad 796 So.2d 481 (Fla.201110 WIMEIVItE, Plaintiffs request this Court to enter to injunctionsallowinguae ofthesubJ'ect ° and permanent p��s as�z pawkagn tigaur sure. tinder penalties of perjury,I declare that f have read the foregoing Verified Motioe fur injunction,and the facts stated in it are tree to the best of my knowledge and bell 11011"rid I I IPIPA I I PFra hhi..`., term Joseph Barton 5 . 6 of 14 5/11/16, 11:58 AM slut 03/2016 14:10 2014971 Sal A /,n ,2 llud eclerk.com/ocs/ViewO Ml c?QS=... .printing'document WHEREFORE, Plaintiff Joseph Barton demands judgment against the City of Opa-locka for damages,attorney ftcs and casts and tamer demands trial by jury Plai of s move for injunctive relief and as grounds therefor state: 1. Plaintiffs as owm t r and lessee,respectively,have a vested property interest in use of the subject premises as a package liquor store. 2. Said use was ca pressly permitted under Opa+locka's Zoning Coda far that use when Plaintiff Batton acquired the property in 1954, and that use has shine been maintained by Plaintiff and his lessees,includi,:tg co-plaintiff Contreras. 3. Defendant City of Opa locks has no legal basis to prohibit use of the subject premises as a package liquor store,and Plaintiffs have a rear legal right to the relief requested. 4. Plaintiffs centime to suffer damages as a result of the Cityrs prohibition of that use and will steer irreparable togas ifinjunctive rcfief15 not granted. S. The public inte-iest is served by economic development and tares generated thereby,and the public taterest,will be served by the requested temporary injunction. Provident Manttgenaent Corp.v. City of NOSUre/Stands 796 So.2d 4$1 (P1*.2001) WHEREFORE, Plaintiffs request this Court to enter temporary and permanent injunctions allowing use of the subject premises as a package liquor store. Under penalties of perjury,I declare that I have read the foregoing Verified Motion for injunction,and the facts'gated in it are true to the best of my knowledge and belief. 3uiden Contreras las 4 Ale 111' ph Barton 5 7of 14 5/11/16, 11:58 AM •printing document https://www2.miami-dadeclerk.com/ocsNiewerHTML5.aspx?QS=... lames FL Greason,FR 247911 P.O.Box 800351 Avmntura„FI, 33280-0351 Tei. 305-582-915g email: jhgreasQn@in sn.ccm Attorney for Plaintiffs Cert fii ie ofService € hereby certify a copy hereof was served via e-service this 5/0312016 on: Vinc at T. Brown,Esq.,Olga-ice City Attorney at t ;2 =n a Ac►„ 1c 3,1M. Ja re,Y ii Greason,PB 247911 6 8 of 14 5/11/16,11:58 AM printing'document hops://www2.miami-dadeclerk.com/ocs/ViewerHTML5.aspx?QS=... Exhibit A 9 of 14 5/11/16, 11:58 AM com/ocs/Viewer MLS S=...printing'd t 2015 la:56 2£14511901 A /w rr Cerk. Ealiret, THE GREAT CITY is 'A; { A gariarat May 27,2014 Joseph&Cindy Barton 153 Grogans Point Road Woodlands,TX 77360 RE Certificate of Use-Denial Revocation of Occupational License for 14495 NW 22 Avenue(site) Opm4oc ka.F133054 33454 To Whom It May Cantu: Please be advised that the Certificate of Use for your project site identified by the aforementioned address and the following folio numbers: 00-2122-005-1120, 011-2122-005-1110; 08-2122-005-1100 has been denied and your oncupationa l license is therefore being revoked pending satisfaction of city land development regulation requirements, No business can be operated from this site um* you satisfy the requirements of Article 4.4 Site Plan Provisions,specifically to address the foil:mirngi a. Setback requirements-or variances must be requested lx. landscaping requirements-nts-or•variances must be requested c. Parking requirements-or variances must be requested d. A unity of title must be executed to assist compliance with landscaping and parking requirements. To accompitsh this task please contact Gregory Gay.Director of the Community Development& Planning Department for specific instructions. Mr.Gay can be contacted by phone at 305 453 2868 X-1503 and by email:n We logic fo rd to 'so the Issues at this sits. Sinner-tyr lie,�a'� . . Manager City of • ocka f €Y HALL 3400 t4W 1013th STMT.BUILDING D OPArLOCKA,FLORIDA 03054• 080-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINA111 ON Mr BASS OF HANDICAP 10 of 14 5/11/16,11:58 AM „printing document https://www2.miami-dadeclerk.com/ocsNiewerHTML5.aspx?QS=... Exhibit 13 11 of 14 5/11/16,11:58 AM printing'ilocument https://www2.miami-dadeclerk.con/ocs/ViewerWFh grip !QQ?:a, CERTIFICATE OF COMPLETION CITY OF OPA.LOCICA,FLORIDA 33054 BUILDING DIVISION No.3430 Ate _April 1t1Fti . _ _. _. �€B;ai?:lin}�I'e.,cionii ,1 12 113 Tax io No.P1 ..'.24: •:.1.{ The address of the rtrocttire:1 544 Nw 2Z A'4 'MILQ.PAI.:,c lAftatI ? ;3i 54 The of the owe t The 36.1rei4 of the owner I' EI;A3 32. a'�1 4ldxiQi +�5 i(rrida 33O Adesuttption of that portion of the sttAteuire for which the certificate it i;wrcd: A. atettnent that the cleserihe.portion of the saw:him has been inspected for compliance with the regt.:im irer;ts of' this:Geode for the ovutito y and division,of t3,^tdilk'i.'it33 and the use'frir which the proposed occupancy.1.s classified,Copy on File For building,and structure In flood hazard arras,.a.statement that documentation as t,a us.buit;lowest floor has been provided and is retainer1=n the r orris of the Building Department Elevation Certificate The harm of the budding niff ial:____ t, a. !►u�i J!?s fait l _ v_ .flieedition of the code under winch the permit was issued: Tdr::sse and rxeupancy,i; actordauce with the pro:;teions of charger 3: �_._... The type uf,eo strttetion aa defined laetraptertr � _., . The design Oct:sip nt load: If an:tnton-fink sprioider System ;.4 nruvided,whttba the sprialet Syctctr,is reciuitet:._ .� .�.,. Ally special titipulattoou and ixnditionN of the building permit: This Centric=is it s ned to the tdxrve named lo?c:ttivn only on the expre eontdition that the appliiian and any fume applicoot'will abide by and comply with all tie provisions of Zoning ordinance No,89 and all ctrdinaa es or building codes of the City of Op -Locka.The Florida uddding Code,and all othefordinances and taws apple cable pet-taming lereetioti,otanii<rtxt:sign,alteration.'remolding ot usre of Wildfire;or structures "3"top B'nildin 12 of 14 5/11/16, 11:58 AM printing'document ht tps://www2.miami-dadeclerk.com/ocs/ViewerHTML5.aspx?QS=... Exhibit C 13 of 14 5/11/16,11:58 AM printintdocu https://www2.rniami-dadeclerk.com/ocsNiewerHTML5.aspx?QS=... . nrialt ,- ...,.. 0 0.. , v.. . menewemleesevaltitio , .11.-.° CERTIFICATE OF OCCUPANCY CITY OF OPA-LOCKA, FLORIDA 33054 ... BUILDING DIVISION E .., I . - - ,.Nr" ,;(;^ .......•""--11 0 DArE ,,,..., ./-4 /3 ei yk-itl 0,,...r.A2geril of Tenant Of BWirting ipsi 'Tax 1 Folio No C.d.....Li?..'.. -.gp:).-„,,,,;:::'4.6.•....',."' ,.. ( Latt ............,......... 8100k . ,, 9,fh- 414 ,'..,it if.. , ',P-"_ yi 'I 5' P •t .C:'. $treet Acteirecis , ,. ...„,..er ..... = 4 „.I.t. .... .......,..*.P,- •••■-•-•,-... .......„. .. ' r?> '.4. _ App401:ed 1.). i.:by Oectmaney .. -i;',....:.-e,r,"rj'.-'., 'A\ r.,7 a- 41., 11 Fierkgetic 7 t ., ..:- 1.„,„....., „:„.......• .„ , 4' Pie ''P''' #...„,....._ ,...,_ „,.,,,,,, ......... d : ,,,,,. r:,,.4.,.., 0..1, .6.•••• " "• •••••."^t••••• •6.i•, ett:ttrittceat:___,_ , _ S'f.gf..ti)../....„t2tt.r4-.L......._______,....______...........______............„,.. Th:s C,&rtilicateci Occupancy 49 Matfett to the anove-narted appiicant toe building at above named tocattoh i 6nlY upon the extleti5.s candition if-ltil ttle aPPficant onli abide by and°Imply vertn all provisions ol Zoning Oititharioc No.Bq and at:ordinances or tout:ding codes of t City el Opa-loa,the South Florida Buliciing li C:cele. and at other ciclinaricAts end laws applicebie. p :rung The ere^ ion.construction, alteration, i rerrioceirn9 or use ot bullorvigs of $tructures .2 -- / ) i --------t . **,'Vlf...442iiiia.swam- (oligaGifirdfigiiii " -Migarawiaiwiartx., ' .4- --'401;,,thstammureassaialmeracimaiwamakmamaiis,- -- Wh'irla COPY-APpANT '',rEt.i.E.W4 MPv--Oulinititi,DEPT 5/11/16,11:58 AM .....1.4..of..14,..- -