Miami Mayor Francis Suarez sues city over Magic City casino settlement veto

UPDATED: The latest news is that this lawsuit was withdrawn because it was contained “a few” errors and the plaintiffs — which Mayor Francis Suarez confirmed Sunday does include him — will file a new corrected version this week.

So, really, he couldn’t even get this right.

Suarez wouldn’t say what the errors were, but Ladra suspects one of them is that the mayor wasn’t ready, or informed that the others were, and his attorneys are not listed. The attorneys listed may be representing other plaintiffs.

“All will be cleared up in the next couple of days,” he texted.

City Attorney Victoria Mendez told Ladra late Sunday that the city was e-served with the lawsuit, which she said was filed under the “complex business” division. “And it bounced back. I guess they didn’t think it was so complex,” Mendez said.

Meanwhile, here is the original story filed on Saturday:

He hasn’t done a lot right lately, but Miami Mayor Francis Suarez grew a pair Thursday when he served the city with a lawsuit, asking a judge to rule that his veto of the settlement with Magic City Casino over a zoning issue for a future jai-a-lai fronton — which the city attorney said was invalid — is, indeed, a valid veto and to force the city to accept it.

Of course, he needed someone to hold his hand. Or both hands.

The lawsuit is filed on behalf of Suarez as well as several companies owned by auto mogul Norman Braman and developer Jorge Perez of Related Group. It also lists, as plaintiffs, the Brickell Homeowners Association and its president Ernesto Cuesta, and Ronald M. Friedman, an individual. El pobre, Ronnie esta solito with nobody to back him up.

Except for their lawyers, former U.S. Attorney Kendall Coffey, who, alas, won’t go up against the city attorney’s office, also known as the “best team in town” by some, or the Law Offices of Carollo & Associates, LLP, by others. In an email Thursday to inform the mayor (why?) and city commissioners about the lawsuit, City Attorney Victoria Mendez said she and her office would have to recuse themselves — likely because she recommended the settlement at a shade meeting with commissioners Feb. 13 — and seek outside counsel.

Interestingly enough, the other attorney listed is Ben Keuhne, the personal attorney of Commissioner Joe Carollo. Both Keuhne and his partner Michael Davis are listed on the first lawsuit filed and could be representing the HOA or something. Neither is representing Suarez.

Funny enough, Carollo went against the settlement on a 3-2 vote, siding with Commissioner Ken Russell. Ladra suggests its because he didn’t want Braman — the only person who has ever successfully recalled anyone in Miami-Dade — to even think about helping or funding the Take Back Our City recall effort against him (Psst, Norm, throw ’em a lil somethin’ somethin’!).

So last month, Joe voted with Braman, who is famously against all types of gaming and whose attorney wrote the legislation for the city to try to stop jai-a-lai from happening. And now Carollo’s own attorney is going to defend against Braman’s challenge of the settlement? Cue the reality TV.

The complaint for declaratory and injunctive relief seeks (1) a declaration that the veto is, indeed, effective and legal, (2) an injunction for enforce the veto, which might extend to other vetos the city attorney has, um, vetoed, (3) a declaration that the 2012 zoning interpretation is void and ultra vires, which means beyond one’s legal power or authority, and (4) an injunction or order voiding the 2012 zoning interpretation.

That’s rather aggressive for Baby X. But it doesn’t stop there. The complaint also seeks “an order directing the City not to issue any development approvals, development orders, development permits, or any authorization for any gaming facilities that, in any manner, in whole or in part, directly or indirectly arise from or are predicated upon the 2012 Gambling Interpretation or the 2018 Verification Letters,” as well as “an order enforcing the Mayor’s authority to direct the city manager not to sign any proposed settlement in violation of the Mayoral Veto.”

Oh, and at least $50,000 in damages.

Suarez, who has been a little baby since I spanked him over the hiring of former Congressman and notorious liar, lobbyist Carlos Curbelo and then had the gall to share the honest feelings I shared with him about that on his long Paris plane trip with Commissioner Alex Diaz de la Portilla — chismosas que son — didn’t return a call and a couple texts about the lawsuit. Maybe he only grew a small pair.

The settlement he vetoed — which still hasn’t been signed by the new city manager — came after a lawsuit from Magic City Casino came after the city passed legislation in 2019 to basically make gambling uses in the city go through a tougher process, which allegedly came after Magic City Casino had applied for the fronton and card room in Edgewater. Magic City argued that the city improperly changed the rules after initially providing zoning opinions that allowed gambling uses under the Miami 21 code (which, coincidentally, is about to be reviewed).

The legislation itself, however, is not bad. The change in zoning laws meant new gaming uses would be required to get a supermajority vote, or approval from four of five city commissioners, after several public hearings with the community that is most impacted. Gee, what a concept! It was passed by the commission unanimously, which people conveniently forget.

Because the way it was introduced was bad. Or, rather, sloppy and lazy.

Let’s set the record straight on the big deal that was blown out of proportion when it was learned that the mayor and city planning director had gotten their ordinance from Braman’s legal team at Weiss Serota Helfman Cole & Bierman, a lobbying giant in the county that has probably written dozens of ordinances for municipalities and Miami-Dade (more on that later). What some people don’t know is that outsiders write or help write legislation all the time. Activists and lobbyists, especially when they’re land use lawyers, and labor leaders and Mothers Against Drunk Driving and dentists and developers and realtors and homeowners associations and farmers and environmental groups and the NRA and other donors, in fact, all kinds of people help write all kinds of legislation all the time. Yes, special interests help write legislation. Does anybody really believe the lawmakers write all those new bills and ordinances themselves?

Usually, however, their staff will paraphrase the language, or tweak it at the very least. In the mayor’s case, someone in his office or the planning director’s office quite literally cut and paste the Braman attorney’s language verbatim. Oh, yeah, and they sent it to Baby X’s personal email, which is a problem if he uses it to purposely keep shady shit out of public records searches. Which he can’t do now; knowing that Suarez does use his personal emails for city stuff, Ladra or Al Crespo can include that personal address any time we do a public records request on his emails. Fun!

But Magic City didn’t know about the verbatim email — or did they? — when they sued the city. Only through discovery and public records requests (gotta love ’em!) did they learn that Braman was in on the legislation. Did they use that to pressure the city into settling? Were they behind the leak of the documents to the paper of record?

And now Braman’s in on it again, not backing down. In fact, Brian Jay Shack, assistant general counsel for Braman Management, is co-counsel with Coffey.

And it looks like they have a case.

The 2018 ordinance that makes gaming uses a required 4/5th vote came after several public meetings before the planning and zoning board as well as the city commission where residents urged the city to go even stricter. The 2012 interpretation of the law by a zoning administrator, conversely, was made without the proper notice of abutting property owners (like the people suing).

It was also done at the request of a lobbyist who was not registered, according to the complaint, which cites exhibits Ladra did not get to see. Perhaps the lobbyist helped write the 2012 interpretation, which allowed gaming as of right in six entertainment zoned areas. And shouldn’t that be a bigger concern that if Braman helped write the ordinance and is footing this legal bill?

Ladra wants first row seats in this courtroom.

Francis Suarez, Magic City Casino, Miami politics

Miami Mayor Francis Suarez sues city over Magic City casino settlement veto added by Ladra on March 7, 2020
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