Palm Beach Gardens council opts for resolution in support of State Road 7 rather than funding legal brief

The City Attorney updated council on an appeal filed July 30 related to the State Road 7 extension and outlined options for the city’s involvement. Counsel said the Fourth District Court of Appeal denied West Palm Beach’s request to relinquish jurisdiction, explained the briefing schedule and described the legal issues at play.

Counsel advised that seeking leave to file an amicus brief (a "friend of the court" brief) would be possible but might not be entertained by the court because the issues are relatively straightforward; counsel estimated the research and preparation could cost approximately $5,000–$15,000 and said there is no assurance the court would grant permission. "It's gonna cost somewhere between 5 and $15,000 to do the research and write the motion," counsel said, and recommended a different approach.

Council members discussed alternatives. One council member noted the TPA (which the council said has resumed the MPO name) and multiple municipalities have repeatedly voted in favor of State Road 7, with West Palm Beach the lone dissent in recorded TPA votes. Council member Kemp said he never intended to pursue litigation and favored a resolution-based approach; others agreed that circulating a supportive resolution would be more effective and less costly than litigation.

The council directed staff to draft a resolution supporting the South Florida Water Management District and FDOT and to bring the draft back for council approval and potential circulation to other municipalities. Council declined to authorize city expenditures for filing an amicus brief at this time.