CLAUDIA LASKOWITZ, APPELLANT,
v.
STEVEN SHIVER, ETC., APPELLEE
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Court reversed summary judgment denying mandamus to compel validation of petitions for a special taxing district, holding that once a petition meets the statutory 50% signature requirement, the County Manager must validate it regardless of subsequent opposition petitions.
Once a petition for establishment of a special taxing district contains signatures from 50% of resident property owners as required by statute, the County Manager must validate it, and subsequent opposition petitions have no legal effect on the validation obligation.
[1] A petition for establishment of a special taxing district that satisfies the statutory signature requirement must be validated by the county manager, and subsequent oppos…
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Join FLexlaw to unlock all legal intelligence“the Miami-Dade Code is only concerned with petitions signed for the establishment of the district”
Court explaining that opposition petitions filed after the establishment petition meets statutory requirements have no legal effect on the validation obligation.
Claudia Laskowitz filed a petition to establish a Sky Lake Security Guard Special Taxing District with signatures from the requisite 50% of resident p…
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PER CURIAM.
This is an appeal from a Final Summary Judgment denying a Petition for Writ of Mandamus seeking to compel the County Manager to validate eighty-eight petitions filed for the establishment of a taxing district. We reverse.
Claudia Laskowitz petitioned for the establishment of a Sky Lake Security Guard Special Taxing District. Chapter 18 of the Miami-Dade County Code, which governs the creation and establishment of special taxing districts, provides:
Sec. 18-3(a). Petition. There shall be filed with the Clerk of the Board a petition requesting the creation and establishment of a special taxing district under the provisions of this article, signed by the County Manager or by fifty (50) percentum of the resident owners of property embraced within the proposed district.
Because the petition submitted by Las-kowitz contained the signatures of the requisite 50% of the resident property owners, the County should have validated the petitions so that the next phase of the process for establishing a special taxing district could begin. That eighty-eight of the resident property owners later signed an additional petition against the establishment of the special taxing district is of no effect, as the Miami-Dade Code is only concerned with petitions signed for the establishment of the district.
Accordingly, the Final Summary Judgment is reversed and this matter remanded for the entry of judgment for Laskow-itz.
Reversed and remanded.