Only the best lawyers get to win lawsuits.

An article posted today in the Miami Herald, Court rejects one lawsuit challenging hotel near Greynolds Park, should remove all doubt that Charles Baron, Esquire, is definitely bush league.

If you’ll remember, Charles “Chucky” Baron sued the City of North Miami Beach in a lame attempt to stop development when the Council approved zoning for a hotel on West Dixie Highway to the southeast of Greynolds Park.

On the night of the August 20, 2013 Council meeting, Chucky spent 44 minutes telling the Mayor and Council why he doesn’t want a proposed ten story hotel “overlooking” the south side of Greynolds Park (and nowhere near the boathouse, as Chucky claimed), where it might block his view from the balcony of his seven story condominium situated to the east of Greynolds Park, which building does overlook the “national treasure” of an unused and long vacant boathouse in the center of the park.

During his rant, Chucky “threatened the Mayor that his litigation is in process and that it could take years and years.”

As Baron predicted, years and years later a day shy of nine months later, on May 19, 2014, a “three judge Miami-Dade Circuit Court panel” handed down its decision in a lawsuit filed by “himself and several other residents,” the Herald reported, even though Chucky himself is not a resident of NMB.

Apparently, when Chucky didn’t get his way in the lower court, he filed a Petition for Writ of Certiorari, which is something a “losing party” files with a higher court to review the decision of a lower court.  Usually, these Petitions go before a Supreme Court body, or in this instance, a three judge tribunal.

In reviewing the lower court’s decision, this tribunal’s job was to “resolve three issues: 1) whether the decision is supported by competent substantial evidence; 2) whether the essential requirements of the law have been observed; and 3) whether due process has been accorded.”

The panel’s findings?

[Emphasis, i.e., bright red box, MINE, ALL MINE!]

Putting on his Wishful Thinking Cap, Charlie told the Herald reporter, “The circuit court is the first stop for this type of appeal, so this is just the first decision. This litigation was filed in fall of 2012 and it took roughly 19 months and that included roughly three months from the time we had the oral argument to the decision, so that says to me that it was not an easy decision for the court.”

Because a unanimous opinion among multiple judges is never easy.

Just ask the Supreme Court.

And because the wheels of justice always move at lightening speed for no-brainer decisions.

Just ask Ben Kuehne.

Meanwhile, the project on West Dixie is moving forward.  Keith Donner, spokesman for the developer, told the Herald, “A tribunal of three Circuit Court judges reaffirmed that everything was done completely in accordance with North Miami Beach land-use ordinances and state law.  We’re getting architectural drawings, permit drawings, and have been forging ahead.”

In an interview today, Mr. Donner also told me, “This is a textbook example of frivolous, harassing litigation.”

As for the other lawsuit filed by a Florida non-profit corporation, Friends of the Oleta River, Inc., Donner said, “That suit is just more of the same. It faces the same fate.  It’s time for the opponents to move on and accept the fact that this project will be built.  They also need to accept the fact that the project will do absolutely nothing to the park other than make it and the surrounding area more desirable.”

Obviously, neither the truth nor reality will stop Team Chucky from their silly little pursuit to stop progress in North Miami Beach.  Their misadventure should provide all of us with some much needed entertainment until election time rolls around.

Which, in North Miami, is just around the corner.

Stay tuned…

Stephanie Kienzle
“Spreading the Wealth”