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Highland Beach magistrate dismisses one code case, reschedules fine-reduction hearing
Summary
At a Town of Highland Beach code enforcement hearing, the Special Magistrate dismissed case CC25169 after the town withdrew the matter, noting a permit issued June 2, 2025, and postponed a fine-reduction request for case CC25115 when the petitioner did not appear.
The Special Magistrate for the Town of Highland Beach dismissed case CC25169 after the town withdrew the matter and postponed consideration of a fine-reduction request for case CC25115 when the petitioner failed to appear.
The action occurred during a Code Enforcement Special Magistrate hearing. The Special Magistrate opened the session by explaining the hearing was quasi-judicial and that witnesses would testify under oath. The minutes from the May 13, 2025 meeting were approved before the cases were called.
A town representative told the Special Magistrate, "The town is pulling this case as the property is in compliance. The permit was issued on 06/02/2025." The Special Magistrate then said, "Case dismissed. Next case is CC25115." That dismissal followed the town's withdrawal and the permit confirmation.
When case CC25115 was called, the Special Magistrate noted, "Before I begin, this is a fine reduction request, and the requester is not present." After pausing the hearing briefly for the petitioner, the panel reconvened and the Special Magistrate asked whether to dismiss the matter or allow rescheduling. Counsel responded, "I don't have an objection. We're just gonna have to reschedule it." The town representative added, "I have no objection to that." The Special Magistrate instructed staff to have the petitioner reschedule the hearing, saying, "Alright. So have him come in and reschedule, and we'll hear it when he's here."
Discussion versus decision: the dismissal of CC25169 was a decision by the Special Magistrate after the town withdrew the case and confirmed a permit issuance; the fine-reduction request in CC25115 was discussed but not adjudicated because the petitioner was absent and the hearing was postponed for rescheduling. No formal votes or recorded motions and seconds were entered on the record for either outcome.
Next steps: staff will notify the petitioner in CC25115 to reschedule the fine-reduction hearing; the town will provide any updated evidence or testimony at the rescheduled hearing.
