And the legal fees keep racking up in Miami Lakes.
Founding Mayor Wayne Slaton moved to dismiss the
lawsuit filed by his nemesis, former and suspended and acquitted Miami Lakes Mayor Michael Pizzi, who says he should be reinstated to his seat because the governor rescinded the suspension from office.
The argument used by Slaton and his attorney is that after Pizzi was arrested on federal bribery charges and suspended from office, Slaton was subsequently elected to fill the space permanently and that if the Gov. Rick Scott had wanted to reinstate Pizzi, he would have when he revoked the suspension. They said that Scott was an indispensable party to the lawsuit.
But Pizzi’s response filed Thursday says, basically, nah-uh.
“The Town is wrong. First, the Governor has already informed the Florida Supreme Court in the separate mandamus proceeding (Pizzi v. Scott, SC14-1634) that he has no role in Mayor Pizzi’s return to office because that is a local issue,” states Pizzi’s response to the motion to dismiss, filed Thursday. “In effect, the Governor has conceded that Mayor Pizzi’s restoration to the Mayor’s office is automatic by operation of law following the Governor’s revocation of the suspension.
“In other words, the Governor’s role was completed when he revoked Mayor Pizzi’s suspension.
“This case raises a straightforward question,” the response states. “Can an elected municipal official be permanently removed from office simply because the Governor suspends the official, pursuant to § 112.51, Florida Statutes, following the official’s felony arrest? The answer is resoundingly NO.”
Benedict Kuehne, Pizzi’s lead attorney on a seven member dream team, also noted that Slaton’s motion to dismiss does not cite any precedent or case law it is based on.
“Mayor Pizzi filed his most recent legal response that thoroughly debunks the Town’s fanciful and imagined claim to keep Slaton in power,” Kuehne said in an email to the media. “Mayor Pizzi remains confident the Circuit Court will promptly return him to office before more damage can be done to Town by the current occupant.”
Ladra doesn’t know what damage he is referring to, unless Kuehne means the legal costs that the town will have to bear should Pizzi win. Already, they have spent close to $70,000 on this fiasco. And with three attorneys defending Pizzi, the town and the town clerk — at a cost of $950 an hour between them — the town’s costs are adding up.
Michael Pizzi swings again to get his Miami Lakes seat back added by Ladra on
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