Res 72-00.... "- - RESOLUTION NO. 72-00
x CA~. Rt~SOLVTION_ OF THE ~tTY EOI~MISSION OF THE CITY '--
OF DELRAY BEACH, FLORIDA, EX15RTESSING OPP-OSITIqlq
TO SENATE BILL 1028 ENTITLED ~ ",CITI;/ 'Nc, XCCESS
(,ro,', sTtc-E OF 19,90'7,_A~D ~R. ?'72 7
~'xPRIYATE-PROI*ERTY Ri~['I~S_ IMPLElvlE~ ~.k'CrON ;~C~ C~
2000" WHICH ARE CURRENTLY PENDING Ilg' THE UNITED
- WHEREAS, S. 1028 has been proposed and is currently pe~nding in the-,U.S.
Senate Judiciary Committe~and-~ ~ ;_
WHEREAS, H.R. 2372 has beenPaseds by ttie U.S. t-muse of Representatives
and is also currently pending in the Senate Judiciary Committee; and
WHEREAS, S. 1028 and H.R. 2372 would allow litigants to circumvent state and
local governmental procedures and to bring property disputes regarding local issues into federal
court without the possibility of resolution at the local level; and
WHEREAS, S. 1028 and H.R. 2372 are contrary to the U.S. Supreme Court's
decision in City of Monterey v. Del Monte Dunes, 119 S.Ct. 1624 (1999); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, opposes
S. 1028 and H.R. 2372 as being adverse to the interests of the City and to the interests of
. residents of the City who are entitled to a local determination of land use issues.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delmy Beach, Florida,
hereby states its opposition to S. 1028 and H.R. 2372 and urges its Congressional representatives
to vote against the measure if it reaches a vote, unless it is amended to eliminate those provisions
applicable to state and local governments.
2000.
PASSED AND ADOPTED in special session on this the 26th day of September,
A~TrEST: · · .~
City Clerl~ ' - r
MAYOR