Former Miami Lakes Mayor Michael Pizzi went before a judge again Wednesday — but, this time, he was not the defendant.
Pizzi appeared before Circuit Judge Gisela Cardonne Ely as plaintiff in a lawsuit to reclaim the mayor’s seat, which his dream team of seven attorneys attorneys claim is “unlawfully occupied by Wayne Slaton, who was elected only to serve during the time of Mayor Pizzi’s now-ended suspension.”
While the judge removed the city clerk as a named defendant, she denied the motion to dismiss the Pizzi’s lawsuit.
Pizzi was suspended from office in August 2012 after he was arrested on federal bribery charges in an FBI sting on bogus grant applications. Sweetwater Mayor Manny Maraña Maroño was arrested in the same sting but separately. Maroño is doing time. Pizzi was acquitted and had to sue to get the governor to revoke the suspension.
Both parties apparently believe they won this latest battle in this legal war over who is the mayor of the tiny northern Miami-Dade municipality — the guy who was arrested on federal bribery charges last year and got suspended by Gov. Rick Scott, only to be acquitted and have that suspension revoked, or the guy who was elected in a special election to replace him.
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“Today, elected Miami Lakes Mayor Michael Pizzi moved one step closer to resuming the duties of the Office of Mayor to which the citizens elected him in 2012 to serve a 4-year term through November 2016,” his lead attorney Benedict Kuehne wrote in a statement to the media.
“Just as Mayor Pizzi prevailed when a jury found him not guilty of official corruption last year against invalid charges brought by the federal government, Mayor Pizzi today obtained a favorable ruling against both the Town of Miami Lakes and Wayne Slaton with the denial of their motions to dismiss his claim to resume office,” Kuehne said.
“The Town and Slaton unsuccessfully sought to derail and delay Mayor Pizzi’s return by claiming that Slaton replaced Mayor Pizzi, an argument rejected by Judge Cardonne Ely. She entered an extraordinary Order to Show Cause against the Town and Slaton to present evidence of why Slaton should be allowed to continue serving as the Mayor now that Mayor Pizzi’s suspension was lifted by the Governor.”
The judge ordered the town and Mayor Slaton to produce their argument and evidence in writing by March 2.
Pizzi said he was encouraged by the speed with which the case has progressed.
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“I made a promise to the citizens of Miami Lakes that I would honor the full four-year term I was elected to serve,” he said in a statement. “Today’s ruling is another giant step toward my fulfillment of that promise.”
But, wait a minute. Not so fast. The town also claimed victory in its own statement Wednesday.
“We are pleased with today’s Court ruling in the Town’s favor regarding several counts in the case,” a statement from the town’s public information officer said.
“Of the seven counts initially filed in the lawsuit, only five remain. We also applaud the Court’s decision to dismiss the Town Clerk from the case, as a result of the motion to dismiss.
This case raises important questions that demand serious consideration. The democratic process is the founding principle upon which all governments, from the largest to the smallest, are based on.
Any question involving our Town Charter must be taken seriously.
We thank the Court for taking on the responsibility of hearing what will be an important case for our residents, our voters and for the Town’s future.”
If Pizzi wins, he will ask for his dream team defense to be paid by Miami Lakes taxpayers — and that could become a hefty bill.
A trial date has been set for March 18. And they can’t both win that one.