The city attorney sent the following to the commission on October 1, 2019. 

Mayor, Vice-Mayor, and Commissioners:

I am pleased to report that the U.S. District Court has granted the City’s Motion for Summary Judgment (converted from our motion to dismiss) and entered Final Judgment in the City’s favor in the above-referenced matter. I have attached the Court’s Order and Final Judgment for your review. If you recall, in addition to the various state court proceedings instituted by Edgewater, it also filed suit in federal court alleging that the City’s decision to deny its development application violated Edgewater’s Equal Protection rights. The Court agreed with our position and held that Edgewater’s Equal Protection claim is collaterally estopped and therefore barred as a matter of law. In other words, Edgewater cannot relitigate the same “issues” that were previously litigated and decided on the merits by the Circuit Court in its denial of Edgewater’s Petition for Writ of Certiorari.

Based upon the foregoing final judgment, the remaining actions are now Edgewater’s Petition for Writ of Certiorari pending in Fourth District Court of Appeal (second-tier review), and its Declaratory Judgment action and (second) Petition for Writ of Mandamus pending in the Circuit Court (regarding the City’s refusal to amend its resolution denying the development application).

If you should have any questions, please contact me.

Alain E. Boileau

City Attorney