IN THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
LAUREL DECKER, as an individual and
member of “Respectful Planning Lake Worth”
a petitioners’ committee
Petitioner
v. Case No: 50 2013 CA 012420 MB
CITY OF LAKE WORTH, a Florida municipality
Respondent
__________________________/
NOTICE OF VOLUNTARY DISMISSAL
Petitioner hereby files this voluntary dismissal of the above-styled action.
Respectfully submitted,
/s/ Ralf Brookes, Esq.
RALF BROOKES ATTORNEY
Florida Bar No. 0778362
Attorney for Petitioner
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent
via email this April 1, 2014 to: City Attorney, City of Lake Worth : Glen
J. Torcivia and Associates, PA Glen Torcivia, Esq. 701 Northpoint Pkwy
Ste 209 West Palm Beach, Florida 334070-1956 Chris Lehman
Chris@torcivialaw.com, Christy Goddeau christy@torcivialaw.com
/s/ Ralf Brookes, Esq.
RALF BROOKES ATTORNEY
Florida Bar No. 0778362
Attorney for Petitioner
1217 E Cape Coral Parkway #107
Cape Coral, Florida 33904
Telephone (239) 910-5464
Facsimile (866) 341-6086
Ralf@RalfBrookesAttorney.com
20 comments:
WHY would Laurals withdraw?
Who knows what's in the hearts of lawyers?
You mean the lawyers withdrew this without approval from Laural?
When you hire an attorney, you take his advice--at least most people do. Please ask Laurel. It was her case.
We voted and now for naught? Thanks Ms. Decker for trying to stand up for the right thing. It ain't over til it's over.
The State of Florida is taking away local control of land use issues by way of the ballot. This is a fact that no one can deny. You can't do what was done in Lake Worth any more. If Cara Jennings were still in charge the law would have been ignored. Those days are over.
You have been very vocal about this issue and now you seem to be clamming up. why? You knew this yesterday but didn't post anything until mid-morning today. Have you asked Ms. Decker why the lawsuit was voluntarily dismissed? You and many others were in court last Friday for the hearing so you know what is going on. Why not talk about the facts?
Cara Jennings never ignored the law when it came to doing her job as commissioner for this city. In this particular issue, we simply disagree. The bigger picture here is that this commission refuses to acknowledge the outcome of the vote. People don't like bullies.
To the "sad and lonely" person who just won't shut up--if you want to find out why Laurel did what she did, you will have to ask her. Better yet, maybe our city attorney will answer YOUR question on it and give his ideas. You might have better luck getting a response from him. This is a case I supported--still do-- and there is nothing further I can say.
"You have been very vocal about this issue and now you seem to be clamming up. why? You knew this yesterday but didn't post anything until mid-morning today. Have you asked Ms. Decker why the lawsuit was voluntarily dismissed? You and many others were in court last Friday for the hearing so you know what is going on. Why not talk about the facts?"
Gosh Wes, bummed out that Lynn didn't do all of the work and answer all of the questions for you for you ,as usual? Or is it really bugging you that Lynn knows what's going on behind the scenes and you don't, as usual ?
"Lynn Anderson said...
When you hire an attorney, you take his advice--at least most people do. Please ask Laurel. It was her case."
But you don't think the city commission should do this as Torcivia recommended the course of action the commission took, in in this case didn't take.
Do you think this is a "winnable" case as you thought of the Greater Bay case.
Maybe the attorneys DO know what they are talking about. Maybe YOU are wrong.
There are just some things our legislators think we should have the right to petition for in a state where everyone in the country is moving. You need to put these people somewhere and you are a NIMBY type.
Thanks to this dismissal, Lake Worth can start to move forward. I guess you will slam this "non-decision" for months and how the State.... I mean the commission wouldn't let you vote.
Bottom, the commission only followed the law as it was explained to them by their paid counsel.
You think Laurel should take her attorney's advice. I think our elected should take the advice of their attorney.
In this case, I think it might have been the other way around--commission directed attorney to find an out.
Not the way I remember it. Glen told them he didn't think it would fly against a new piece of legislation well before the vote. You all were in so much of a lather that if the commission would have brought it up, it might have sent a few of you over the edge. Remember, you still think he is wrong.
If the vote had failed, there would be no need to review it further, if it passed, he would research it and give the commission his opinion.
So the outcome of the election went against what the majority of the commission wanted, but you think they should go against their own attorney's opinion and their own good conscience (mine too) and lower the heights even where it makes sense to keep them the same as what's there for ONLY a hotel.
Tough thing to fall on you sword over. With the LDR's in place, ALL of your concerns about blocking out the sunlight and hovering skyscrapers over single story cottages are now in place and cannot happen. Only a hotel, like the Gulfstream, can be built and only under very limited circumstances. Lake Worth finally wins one against the head in the sand crowd.
I can't wait to read Laurel's statement on or about April 15th.
I just hope someone does something with the Gulfstream property before the state changes the law again.
Let's clarify something right now--
What I believe is WRONG with this entire episode, is this commission not honoring the vote. Have absolutely NO recall about what Glen said or didn't say about this "flying." To me, it's more like "Let's see if we can screw the people." After all, he does work for the commission.
Whether Glen is right or wrong, the city waited for 3 months after the election to see if this law would fit. They decided that it did. I believe that there could be lots of legal challenges with ex post facto law as well as determining the outcome of a vote AFTER the fact (3 months later) based on some new law. I believe there is a BIG problem with the city clerk not moving the vote forward to Tallahassee which is her JOB. And that's where a court would decide.
One more thing--Laurel Decker does not have to make a statement but she feels that the nearly 57% of the voters deserve a statement. She is the one who put herself on the line to fight for justice here, a middle class working professional, and sue a city government with big pockets comparatively speaking.
So the outcome of the election went against what the majority of the commission wanted, but you think they should go against their own attorney's opinion and their own good conscience (mine too) and lower the heights even where it makes sense to keep them the same as what's there for ONLY a hotel.
Oh my, God. I can't believe the above post. Do you remember what country you live in ? Men and women DIED for our right as Americans to make our voices heard through our vote. The Commissioners are elected to represent OUR WILL, NOT THEIR OWN !!! These people need to be kicked out of office, and Pam Lopez needs to lose her credentials. Katie Mcgiveron.
Take it up with the State legislature. It is not the commission's fault, it is not the clerk's fault, it is not the attorney's fault.
The outcome of the vote DID go against what the commission wanted and fought for. Why in hell then would they bend over backwards to do something illegal (against the law) against their own better judgement?
I was really hoping the judge to rule on it and I would have accepted the verdict with open arms even though I still think the way it stands now is best for Lake Worth's future.
It IS the commission's fault. They chose NOT to honor the vote. You can't justify what's not justifiable.
and this is not what the commission wants--it is what the people said they wanted and what they voted for. Elected officials should be representing the people, not their own self-interests. It's disgusting what they did and IMO, unforgivable. They are exactly how dictatorships come about. :) Giving you a smiley face on that one but truth prevails.
Where's that comment we were told Laurel Decker was going to make?
If Ms. Decker makes a statement, and I hope that she does, it will be on her own time frame and terms--not mine or yours.
Thanks.
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