IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR’ MIAMI-DADE COUNTY, FLORIDA 3 g 2a JACOB PFEFFER, et al, APPELLATE DIVISION $8) i S2= 9 325 Petitioners, CASE NO.: 14-492 AP 888 = 3 Sen 2 a vs. LOWER COURT as CASE NO.: 13-0103011A. BR 5 CITY OF MIAMI, FLORIDA and 3 WAL-MART STORES EAST, LP, Respondents. / WAL-MART STORES EAST, LP’S MOTION TO EXPEDITE DECISION ON PETITION FOR WRIT OF CERTIORARI Respondent, Wal-Mart Stores East, LP (“Wal-Mart”), pursuant to Florida Rule of Appellate Procedure 9.300, respectfully moves to expedite the appellate proceedings and this Court’s decision on the Petition for Writ of Certiorari filed by Petitioners, and in support thereof state as follows: 1. Over two years ago, on August 21, 2012, Wal-Mart submitted its application to the Department of Planning and Zoning for a Class II Special Permit to allow construction of a Wal-Mart store (the “Project”) in the property located at 3055 North Miami Avenue. 2. Almost a year later, on August 12, 2013, the Planning Director conditionally approved the Permit in his final decision. Yet, as a result of thevarious appellate challenges raised by Petitioners! —including the current Petition under review which challenges the Commission’s decision on remand from this Court’s opinion Pfeffer 1—Wal-Mart has been unable to begin construction of the Project. 3. Since its purchase of the property, Wal-Mart has incurred and continues to incur the unavoidable and significant carrying costs for the undeveloped property while the project is halted by the appeals. 4. Moreover, the contract between Wal-Mart and the seller of the property where the Project is to be constructed imposes firm requirements for commencement of construction, which, if unfulfilled, would expose Wal-Mart to substantial negative financial consequences, including the potential ' The appellate proceedings include: © Petitioners’ appeal of the Director’s decision to the PZAB on August 27, 2013, which, after holding a public hearing, denied the appeal of the Class II Special Permit on October 2, 2013; © Petitioners’ appeal of the PZAB’s decision to the Commission on October 17, 2013, which, after holding a de novo, quasi-judicial public hearing on November 21, 2013, denied the appeal and approved the Permit on November 21, 2013; * Petitioners” appeal of the Commission’s decision to this Court, via their Petition for Writ of Certiorari filed on January 2, 2014, resulting in this Court’s issuance of its opinion in Pfeffer v. City of Miami, et al., case number 14-004 AP, on October 15, 2004 (Pfeffer I”); and © Petitioners’ appeal of the Commission’s decision on remand from Pfeffer 1 to this Court, via their Petition for Writ of Certiorari filed on December 16, 2014. 2triggering of the seller’s right of repurchase. Thus, any delay in the proceedings would significantly and negatively impact Wal-Mart’s rights. 5. For these reasons, Wal-Mart respectfully requests the Court expedite these proceedings, including oral argument (if one is to be set), and expedite its decision on Petitioners’ Petition. 6. The briefing on this case is complete,” and therefore, expedition of this matter would not prejudice any party. 7. The undersigned has also conferred with counsel for Respondent City of Miami, and is authorized to represent that Respondent City of Miami has no objection to the relief sought. The undersigned has conferred with counsel for Petitioners, who objects to the relief sought. Wherefore, Wal-Mart respectfully requests that the Court expedite the proceedings in this case, including oral argument (if one is to be set), and expedite its decision on Petitioners’ Petition. ? As noted above, Petitioners filed their Petition for Writ of Certiorari on December 16, 2014. Subsequently, Petitioners sought leave to file an amended petition, and on January 30, 2015, Petitioners filed their Amended Petition for Writ of Certiorari. Respondents (Wal-Mart and City of Miami) expedited the filing of their Responses to February 9, 2015. Finally, Petitioners filed their Reply brief on February 24, 2015. 4Respectfully submitted this 13th day of March, 2015. LYDECKER | DIAZ Counsel for Wal-Mart Stores East, LP 1221 Brickell Avenue, 19th Floor Miami, Florida 33131 By: s/ Joan Carlos Wizel Joan Carlos Wizel (FBN 37903) E-mail: jew@lydeckerdiaz.com Mark A. Emanuele (FBN 541834) E-mail: mae@lydeckerdiaz.com Richard Lydecker (FBN 490555) E-mail: rl@lydeckerdiaz.com Manuel A. Diaz (FBN 310514) E-mail: manny@lydeckerdiaz.com CERTIFICATE OF SERVICE I hereby certify that on this 13th day of March, 2015, a copy of the foregoing was sent via e-mail to: Paul C. Savage E-mail: paul@savagelegal.com Law Offices of Paul C. Savage, P.A. 100 Almeria Avenue, Suite 220 Coral Gables, Florida 33134 Attorney for Petitioners Victoria Mendez John A. Greco Kerri L. MeNulty E-mail: agreco@miamigov.com il: klmenulty@miamigov.com slstubbs@miamigov.com i: tmickens@miamigov.com . Ind Avenue, Suite 945 Miami, Florida 33130 Attorneys for Respondent City of Miami By: s/ Joan Carlos Wizel Joan Carlos Wizel (FBN 37903)