Now, You May NOT Park Your Pick-Up Truck in Coral Gables Overnight . . .
Today, in a split opinion, and with two dissenters, Florida’s Third District Court of Appeal withdrew the majorities August 22, 2007 opinion in Kuvin v. City of Coral Gables and issued a new opinion. The new opinion upholds the trial judge’s order granting the City’s motion for summary judgment, which held that the City’s zoning ordinance which prohibits the parking of “trucks” outside of a garage in Coral Gables at night is constitutional and a “valid exercise of the City’s police power.”
Signing on to the majority opinion, authored by Judge Leslie B. Rothenberg, are Judge Gersten, Wells, Suarez and Lagoa. Judge Shepard authored a “specially concurring opinion” and Judge Cortiñas authored a dissent which Judge Salter concurred. Chief Judge Ramirez and Judge Cope did not participate.
Click here for a copy of the fifty (50) page decision.
As I digest what was written and have a chance to read some of the case law cited by the majority, I will be more able to form an opinion as to why the court decided the issue(s) the way they did. However, I can assure you this case will be appealed to the Florida Supreme Court.
I am of the opinion that since the term “truck” includes SUV’s and that SUV’s must now be parked within a garage at night in Coral Gables. I believe this because, as the term truck is defined by the City to include “any motor vehicle having space designed for and capable of carrying property, cargo, or bulk material and which space is not occupied by passenger seating.” Whether the City is going to enforce the ordinance against SUV’s is still not known, however, if they decide not to, in my opinion, they would be treating pick-up trucks differently than SUV trucks; a violation of equal protection and the constitution.
- Deposition Pictures/Exhibits of Allowed and Not Allowed Trucks and Cars (Kearns v. City of Coral Gables)
- Select Pages of Deposition of Zoning Ofc. Clute (18 years with the City)(Kearns v. City of Coral Gables)
- Entire Deposition of Zoning Ofc. Clute (Kearns v. City of Coral Gables)
- Ofc. Clute on YOUTUBE trying to explain why pick-up trucks are UGLY and UGLY cars are OK
Kerns v. City of Coral Gables
John Kerns, a resident of Coconut Grove has enlisted the services of attorney Spencer Kuvin, of Leopold & Kuvin, to represent him against the City of Coral Gables in a lawsuit similar to mine. John's father Jack is a resident of the City of Coral Gables and has had some health issues which required John to come over and assist him at night. The only problem is that John drives a pick-up truck which has been ticketed numerous times by CG Code Enforcement.
John called and tried to explain to the City zoning officer that his father, on occasions, needed his help due to a serious illness. The City responded that it would continue to ticket John's truck regardless of the reason he parked it outside in the City at night. The City even suggested that if Jack needed urgent attention, that John call a taxi if he was not willing to purchase another car which did not violate the City's laws.
This case was litigated in Federal Court under 42 USC 1983. The Judge ruled against John Kerns and the issue was appealed to the 11th Circuit Court of Appeals. John Kearns and the City reached a resolution and the appeal was voluntarily dismissed.
City of Coral Gables Ban On Parking Personal Use Pickup Trucks Is Absurd
Coral Gables' ban on parking personal use pickup trucks outside in the city at night is absurd. City Commissioners as well as Mayor Don Slesnick refuse to rewrite the City's parking ordinances because they feel that pickup trucks are not esthetically pleasing and will have a negative effect on property values. However, there is currently no law or ordinance that would prohibit or ban cars such as this one from parking in the City at anytime of the day. As a matter of fact, I took the picture of this car, which was located at the threshold of the city on Granada and Bird Road, around noon time. The only thing missing was a "Welcome to Coral Gables" sign on the side.
In both cases, Kuvin and Kerns, Spencer Kuvin has asked that the City rewrite the truck parking ordinances to reflect the current trend of citizens in using their trucks as personal, everyday modes of transportation. However, the City and its attorneys have stonewalled all efforts to settle the issues. The effect of the City's litigious mind set has cost the taxpayers of Coral Gables well over $200,000 in legal expenses over the last five years.