Authorized Opinion: North Miami Seashore Mayor DeFillipo ‘mechanically vacated’ seat | Jobi Cool

MIAMI – On Friday evening, town of North Miami Seashore obtained a authorized opinion from an outdoor lawyer that stated Mayor Anthony DeFillipo “mechanically vacated” his seat by not residing in North Miami Seashore, one of many necessities to carry workplace within the metropolis.

A authorized battle is underway as some query whether or not the mayor ought to hold his job.

CBS4’s Joe Gorchow spoke with the mayor’s lawyer Friday evening.

CBS4 solely obtained the message despatched hours in the past to metropolis commissioners. He claims the mayor has been residing in Davie since final 12 months.

The mayor vehemently refutes the accusations and challenges the findings.

His lawyer calls these claims defamatory.

“It is a politically engineered witch hunt by political opponents.”

Mayor Anthony DeFillipo’s lawyer, Michael Pizzi, criticized the 43-page memo launched Friday evening and obtained solely by CBS4.

The town employed exterior lawyer Luis Suarez to analyze the matter. Its findings state that the mayor has did not “frequently preserve a `bona fide’ residence in North Miami Seashore, an “computerized vacate” of the mayoral workplace by statute. It will certainly be illogical to conclude in any other case.”

The report additionally stated the mayor had solid the unsuitable vote. After digging by voting information, our investigation discovered that DeFillipo voted thrice in 2022 from the North Miami Seashore house he bought in 2021.

“The mayor didn’t violate any election legal guidelines. The mayor at all times had the precise to vote within the metropolis the place he has lived for 40 years.”

Taking a look at different paperwork, we discovered that DeFillipo re-registered his voting handle in a distinct North Miami Seashore precinct final month. The brand new house is an house within the Japanese Shores neighborhood.

DeFillipo has a spouse and two kids.

Gorchow asks, “The place does the mayor spend most of his time? Does he stay in that 830 sq. meter house?”

“Sure. He lives on the place he has on public report. That is the place he’s in the intervening time. It is his everlasting residence.”

Our investigation and report solid doubt on this. His lawyer didn’t say the place his household lives. We searched actual property information and noticed that DeFillipo purchased a home in Davie final July for $1.2 million.

The report cites a personal investigation into pictures and movies that declare the mayor lived primarily together with his household in Davie and never in an house.

“What number of days every week does he steer clear of his household to stay in North Miami Seashore?” Gorchow asks.

“It is actually unhappy, together with individuals who might have monetary pursuits, political opponents, who’re following a public official who’s attempting to go after their household. It is disgusting,” Pizzi stated.

Primarily based on the memo’s findings, town lawyer advisable in a letter to commissioners Friday evening that “a particular metropolis fee assembly be held to debate how the emptiness will probably be stuffed.”

“Our metropolis consultant agreed with the authorized opinion. We’ve an obligation to behave on this discovering.” “The town must get on with enterprise and the six commissioners are prepared to try this,” stated Commissioner McKenzie Fleurimond.

And do it with out DeFillipo as mayor.

Gorchow spoke with Commissioner Fleurimonde, who says they’ll observe the authorized opinion to permit due course of. He believes the suitable place for DeFillipo to problem the discovering is thru the courtroom system.

DeFillip’s attorneys intend to reply and combat town’s view that he already lives in North Miami Seashore and has vacated his seat.

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