On November 3, 2020, voters approved a bond referendum authorizing the Village to issue $100 million in bonds for the purpose of financing “improvements relating to mitigating the effects of sea level rise and flooding, protecting the Village’s beaches and shoreline, and hardening infrastructure to the effects of hurricanes.” 

The plaintiff challenged the bond referendum on three grounds:
(1) the resolution authorizing the bond referendum violated the Village Charter, because it authorized the borrowing of money without an ordinance;
(2) the bond referendum language violated the Village Charter’s ballot language requirements; and
(3) the bond referendum failed to provide voters with fair notice of its purpose.  

The plaintiff propounded discovery days prior to the hearing on the motion for summary judgment and argued that summary judgment was improper because of the pending discovery.

Firm Founding Partner Joseph Serota argued that the Court could grant summary judgment because, in fact, the  Village had not borrowed any money as a result of the bond referendum. Serota pointed out that the bond referendum’s language unambiguously described its chief purpose, and publicly available materials also informed the electorate of the bond referendum’s purpose.  Any purported de minimis deviation from the Village Charter, Serota contended, was insufficient to invalidate the bond referendum.

The Court agreed with all of the Village’s arguments and granted summary judgment on all claims.

Click here to read the order.

The post WSHC+B Successfully Represents the Village of Key Biscayne in Challenge to Sea Level Mitigation Bond Referendum appeared first on Weiss Serota Helfman Cole + Bierman.

DuBosar and his team bring significant and diverse commercial litigation experience to the firm. Specialty areas include corporate and partnership litigation; business divorce; business torts – including fraud, negligence, and statutory claims; commercial real estate recovery and workouts; bankruptcy litigation; and intellectual property litigation. The group has also represented law firms in numerous partnership and co-counsel disputes.

The team joining Weiss Serota includes Harrison DuBosar, an attorney who focuses on commercial litigation and appellate work, and several longtime employees of The DuBosar Law Group, P.A.

“Howard and Harrison DuBosar’s wide-ranging skillset takes our litigation division and Boca Raton office, which already has a phenomenal group of attorneys, to another level,” said Boca Raton Office Managing Director Brett Schneider. “We are thrilled to welcome them to the Weiss Serota family and know they will add tremendous value to the firm.”

Before launching The DuBosar Law Group, P.A., Howard DuBosar served as partner at Kluger, Peretz, Kaplan & Berlin, P.A. – leading the Miami law firm’s expansion into Boca Raton, and as managing shareholder of the Boca Raton office of Greenberg Traurig, LLP.

“Weiss Serota has a phenomenal culture and I have been impressed with the growth of the Firm,” said DuBosar. “I’ve known for several years the firm’s attorneys and looking forward to working with lawyers across various practice groups,” he added.

DuBosar earned his Juris Doctor from the University of Miami School of Law and a Bachelor of Science from Florida State University. He has substantial industry and community involvement, including as a board member of the Legal Aid Society of Palm Beach County; the Jewish Federation of South Palm Beach County – where he has held various leadership positions including past president of its Young Adult Division; and as past president of the Hillel Day School of Boca Raton’s Board of Trustees.

The post Weiss Serota Helfman Cole + Bierman Bolsters Litigation Division with Arrival of The DuBosar Law Group, P.A. appeared first on Weiss Serota Helfman Cole + Bierman.