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We Won!

by savecalusa

May 2024 Litigation Status: WE WON ON APPEAL!! Our 3rd DCA win was upheld when the Florida Supreme Court denied the developer/county appeal! The Nov 2021 zoning approval for 550 homes on land designated as parks and rec, was REVERSED!!

May 1, 2024CALUSA WIN STANDS!! The Florida Supreme Court denies the petition (appeal) from the owner/developer and Miami-Dade County. They also indicated that no motion for rehearing will be entertained by the Court. This upholds the Nov 16, 2022 decision in favor of Save Calusa. https://acis-api.flcourts.gov/courts/68f021c4-6a44-4735-9a76-5360b2e8af13/cms/case/d373fee9-babe-4504-9d0d-49367891ccc2/docketentrydocuments/b90c31e4-1538-40fc-bbeb-e46c84da4101
Feb 1, 2023CALUSA WIN STANDS!! 3rd District Court of Appeals denies the request for rehearing (reconsideration), and issues the following clarified opinion (upholding the Nov 16, 2022 decision in favor of Save Calusa): https://law.justia.com/cases/florida/third-district-court-of-appeal/2023/3d22-1296.html
Dec 1, 2022The County and owner/developer filed a motion asking the 3rd DCA panel to reconsider its ruling and for the Florida Supreme Court to consider the impact of required notice as a question of great public importance.
Nov 16, 2022WE WON!! 3rd District Court of Appeals issues verdict in favor of Save Calusa!
The 3rd District Court of Appeals (DCA) granted our petition (No. 3D22-1296)! Details here: https://www.3dca.flcourts.org/content/download/852826/opinion/221296_DC03_11162022_102251_i.pdf
“Allowing the decision to stand threatens to compromise the due process the regulatory framework strives to afford. Accordingly, we grant the petition for certiorari and quash the order under review. Petition granted; order quashed.”
Dec 27, 2021Our non-profit Save Calusa Inc. filed litigation in the Miami-Dade Circuit Court asking to:
1. Quash (reverse) the zoning development approval granted November 17th, 2021 because it was done without proper hearing notice
2. Stay (hold) of any tree/building removal permits until required environmental studies can be completed.

Calusa Rookery MUST be preserved

Miami Dade County DERM has completed their monthly environmental surveys of the Calusa Rookery. They independently confirmed imperiled nesting of the State Threatened Tricolored Heron. They also confirmed that 6 Tricolored Heron chicks, from 3 different nests, were hatched and raised at the Calusa Rookery during the 2022 nesting season.

On November 7, 2022 Mayor Cava issued a statement indicating that the Calusa Rookery MUST be preserved!!

More details on the Calusa Rookery are available on our ROOKERY page.