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Town attorney says Mills plaintiffs seeking permit that would violate floodplain rules
Summary
Counsel described a writ of mandamus in the Mills case seeking to force a building permit for property below the town's flood-plain code; attorney warned such a permit could affect flood insurance rates and defended town enforcement of its code.
The town attorney described a pending legal dispute in which plaintiffs (referred to as the Mills case) filed a writ of mandamus seeking an order that would effectively force issuance of a building permit for property that does not comply with Lantana’s flood-plain ordinance. "If we were to issue that permit, it puts our flood... the flood insurance rates for the entire island in jeopardy," Max said, arguing the town must uphold the code to protect other residents and insurance exposure.
Max characterized the plaintiffs' legal strategy as an attempt to force a building official to act contrary to code and said the town has defended similar matters when ordinances and insurance implications were at stake. Council members agreed the issue should be brought to a regular council meeting for possible direction; Max said litigation of the type could be costly and time-consuming but remains an available remedy.
