The Realty Associates Fund Ix, L.P. v. Town of Cutler Bay

The Realty Associates Fund IX, L.P. (“RAF”) appeals the trial court’s final order dismissing RAF’s complaint, which included a consistency challenge pursuant to section 163.3215(3) of the Florida Statutes. RAF alleged that Resolution 13-44 (“the development order”), which was issued by the Town of Cutler Bay (“the Town”), was inconsistent with the Town’s Growth Management Plan (“the comprehensive plan”) because it approved the site plan for the development of a shopping center called the “Shoppes at Cutler Bay” (“the project”) even though the project did not include a residential component,…