Article Courtesy of The Palm Beach Post

By Eliot Kleinberg 

Published December 21, 2014

The lawyers involved in the legal fight over the condo now under construction at West Palm Beach’s “chapel by the lake” condo were back in court Thursday on a motion that might well be moot.
 
The group Citizens for Thoughtful Growth, in a lawsuit, argues city commissioners broke their own rules in January when they green-lighted the controversial luxury condominium at the waterfront site.

The city and developers want to schedule a hearing on their call for the judge to toss the case. For now, trial is on the docket for February.

But Citizens also asked in its February filings that a 3-judge panel immediately rule on whether the approval was legal. That panel heard arguments last week; it did not indicate when it might decide. A ruling in favor of Citizens would send the project back to the planning board or the city commission, stopping construction.

If that happens, “In my opinion, this will be moot,” Citizens lawyer Robert Critton told Circuit Judge Catherine M. Brunson Friday.

Brunson made no immediate ruling Thursday. Meanwhile, she is moving to juvenile court in January, and wouldn’t get to this before she rotates out, so new judge Jessica Ticktin will inherit the case, and the call for summary judgment, unless, as Critton said, it’s rendered moot.