Title
MOTION TO APPROVE SETTLEMENT AGREEMENT WITH SOUTH BROWARD HOSPITAL DISTRICT D/B/A MEMORIAL HEALTHCARE SYSTEM, AND DAVIE MEDICAL CENTER LLC D/B/A HCA FLORIDA UNIVERSITY HOSPITAL FOR LITIGATION REGARDING CITY COMMISSION ORDER 2023-01 (FREESTANDING EMERGENCY DEPARTMENT SITE PLAN).
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. The City Commission, after conducting a required quasi-judicial hearing, rendered City Commission Order 2023-01 (“Commission Order”) on June 15, 2023, which approved a site plan application for a Freestanding Emergency Department to be constructed by Davie Medical Center, LLC d/b/a HCA Florida University Hospital (“HCA Florida University Hospital”).
2. On July 12, 2023, the South Florida Hospital District d/b/a Memorial Healthcare System (“Memorial”) commenced a first-tier certiorari proceeding relating to the Commission Order, against the City and HCA Florida University Hospital in the Seventeenth Judicial Circuit in and for Broward County Florida, Case No. CACE-23-015622 (the “First-Tier Certiorari Proceeding”).
3. On July 12, 2023, Memorial also commenced a proceeding pursuant to § 163.3215(3), Fla. Stat. and relating to the Commission Order, against the City and HCA Florida University Hospital in the Seventeenth Judicial Circuit in and for Broward County Florida, Case No. CACE-23-015608 (the “Consistency Challenge”).
4. On May 16, 2024, the Broward County Circuit Court entered an order denying Memorial’s Petition for Writ of Certiorari. On August 7, 2024, the Fourth District Court of Appeal denied Memorial’s Petition for Writ of Certiorari wherein Memorial sought appellate review of the circuit court’s order denying certiorari. As a result, the First-Tier Certiorari Proceeding is now concluded.
5. The Consistency Challenge remains pending. In January, 2024, the trial court granted the City’s Motion to Abate this case until the parties had concluded a Chapter 164 conflict res...
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