Dear Concerned in KCB,
If the motion to dismiss is directed against the complaint for injunctive relief then it would necessarily be in the same court action. That said, they probably want to have the motion to dismiss the entire action heard at one setting and if the motion is denied, they would be required to answer and the actual relief sought (injunction) would be addressed at other hearings.
As I understand things, the citizens group is really only requesting temporary relief until an election can be held pursuant to code. We allege irreparable harm will be caused if the building is torn down while the case is pending.
With that understanding, it should not cost $50,000 to have the temporary restraining order decided, if it is only that issue. But it could, depending on the hourly rate of opposing counsel and by how much chatter goes back and forth between council members and the attorney. They could spend as much time discussing things as they do performing legal work, and if the attorney is travelling substantial distances to achieve things, a bill approaching $50,000 or even more could be hit fairly quickly, even on the temporary issues.
I would say litigating all the potential issues would generate a bill in excess of $50,000 and quite likely substantially more.
If I were to guess, the city will spend a lot of money on the motion to dismiss by incorporating its arguments against the referendum process and briefing if for the court, in essence arguing that the referendum process can not prevail as a matter of law, so there could be no standing or other basis to even address the injunction issue, be it temporary or permanent. They would argue that the action taken is within the purview of acceptable, authorized council authorities and if the referendum procedure is not available, then so must the TRO.
If my guess is right, then this can and probably will cost $50,000 or more for the city to fight. I am assuming an hourly rate of around $350. If that number is higher then the cost will probably be higher as an extra percentage on top of the $50,000,
If the city defends as I am thinking, and if they can get the judge to buy that the referendum procedure is invalid, it SHOULD cost much less than $50,000 if they would attack that issue piecemeal. I bet they don't address anything piecemeal.
So, ultimately, there are a lot of variables but I could see this costing $50,000 or more. It shouldn't, but likely will.
I must state the disclaimer that I am not a Florida lawyer and am not giving legal advice, nor would I attempt to. I am a concerned citizen who is opposed to the city's action. If my thoughts can help with the public relations campaign, I am glad to give them, but only the advice of the group's legal team should be relied upon to make legal decisions on how to go forward. I do have substantial experience in litigation and its associated costs, but repeat that I am not a Florida lawyer and have a role limited to kicking around ideas but not specifically advising on Florida law. Rather, I would be glad to help formulate questions to that team as the need arises.
Name Withheld
Key Colony Beach
