Petitioning Walmart and 7 others

Just Say #NoWalmartinMidtown Miami: Boycott Shopping Walmart to Oppose their proposed Midtown Miami location


We did it! Our last, and best chance to stop Walmart in court from building an illegal big box store has arrived.

Walmart wants to build a much bigger store than Midtown Miami can handle, and they convinced the city to approve their plan administratively (without public hearing), but including an illegal variance - which we convinced 3 County 11th Circuit Court judges to rule in favor or residents last year.

That should've been a nearly fatal setback for Walmart's plans in the area.

However, the city gave them a free pass to fix things late in the game, rather than start from the beginning as code would've allowed and to do everything the right way the 2nd time.

They didn't even bother collecting a plans review fee, after the hundreds of hours the City's lawyers spent defending Walmart's bogus idea that the word "total" means minimum.

At last year's city commission hearing, they did everything to hide plans from the people who went to great lengths and spent their own time and money

The city railroaded us in a tragically flawed Commission meeting, without following any of the zoning process in our laws and approved the permit again.

Our last attorney dropped the ball, so we had to seek new lawyers and apply for 2nd tier certiorari review from Florida's 3rd District Court of Appeals.

The 3rd DCA had no obligation to accept our case after a loss at Circuit with a "Per Curiam Denial" (no opinion issued, just a ruling) and we had a higher standard of argument to set forth to get heard.

But we did it anyway!

Here's the court order:

This is a major milestone, but we haven't won anything yet. To finish the job, we need to finish paying our counsel before the hearing too:

I respectfully and humbly ask that you pitch in, as I already have (outside of indiegogo) significantly to ensure that the appeal linked below was filed on time with new counsel who had to work on a very short deadline.

Wish us luck, more updates to come, and there will be a final resolution sometime before November 20th of this year, one way or another.

If you care which way Midtown goes: Please donate even $1 and share this campaign with someone you know who cares too.


We've been fighting Walmart on a shoestring budget for almost 4 years now, and this is the one and ONLY time we will ask for cash, to file an appeal in court to the 3rd District Court of Appeals.

Even $1 will help!!! If you cannot donate, then please share this link everywhere:

Remember that we still use the hashtag: #NoWalmartinMidtown too.

Walmart was allowed to skip a mandatory $10,000 fee to the city, and cheat the process by Francisco Garcia our corrupt City of Miami Director of Planning & Zoning.

So now that they've been allowed a free ride, we have to pay. 

In an unfortunate turn of events, we had to get new legal counsel this month, but fortunately, they are two very talented lawyers at Dubbin & Kravetz who agreed to take our case on an emergency basis.

Our appeal has to be filed in court on Thursday, so that's all the time we have to raise money.

But if each and every person on this list donated $10 we would have more than we needed, and if each person shared the fundraiser once and donated $5, we'd be ok too.

Make no mistake, this is IT. The End of the Road, one way or another. 

Walmart's permit expires on November 21st, 2015 and if we are still fighting them in court, we will win the war.

Help us fight this beast today, or fight the traffic it creates with its illegally approved store later. 

Thank you



Walmart Hearing at Miami City Hall, Thursday November 20th, 2014 at 5pm (arrival on Miami time is encouraged, more the merrier!)

The City of Miami proposed a resolution to give Walmart back its permit, in blatant violation of numerous city ordinances and a recent court order in favor of the petitioners.

We don't expect to get much of a hearing when the city is proposing to land an anvil on our heads and send us back to court, but we could use a little help from you guys, our loyal supporters for tomorrow's hearing even if you cannot make the schlep to city hall.

1) We need you to Share the Petition Again!

2) Please check out and share our updates and our meme's so the city knows that something sly is afoot

3) Email these guys again telling them to vote for the residents of Miami and against Walmart's nullified application

Mayor Tomas Regalado

Chairman of Commission - Commissioner D1 Willy Gort - Frank Castaneda - Chief of Staff -

D2 Marc Sarnoff, Esq. (Walmart is in his district) - Sarnoff Aide Ron Nelson    -

Commissioner D3 Frank Corollo, CPA

Commissioner D4 Francis Suarez, Esq.

Comissioner D5 Keon Hardemon 

Director of Planning and Zoning Francisco Garcia (he approved Walmart’s plan illegally)

City Attorney Vicki Mendez

Here's a sample letter:

Please vote against Walmart's resolution today. Their cheating avoided telling our neighborhood about the traffic they intend to bring with their oversized super center.

We have a right to a public hearing for this kind of project before it is approved too.

Walmart's plan was rejected by 3 judges for having won an illegal variance. The Judges clearly said that Walmart cannot have a Special Permit, it's nullified.  

Walmart can't have a special process to give them anything they want, they need to follow the rules and the Midtown Master plan - and the court's decisions.

As a City Commissioner, you should vote against Walmart and in favor of the rule of law tonight.


If they pass the posted resolution to approve Walmart, the city of Miami is going to violate our 14th amendment rights to due process tomorrow.

More specifically, they'll violate resident's rights to equal treatment, or just simply a government that responds to legitimate court rulings with legitimate action.  When 3 judges took on the case, we won 3-0. When 6 architects reviewed it, we won 6-0. 

Again thank you as always for believing in us and supporting us. 

Today we need your action.  

Thank you,



Please come out to #Miami City Hall tonight for the final #NoWalmartinMidtown Public Hearing at 7pm. Presentation starts at 6pm.

My Dear Neighbors, Friends and Supporters,

I want to first thank you for your support over the last two and a half years of fighting Walmart. It totally humbles me to hear your individual thanks from time to time. 

That’s because without you I would be nowhere and Walmart would’ve long ago flattened Midtown Miami.

Tonight is it, the last dance. Our only firewall against administrative shenanigans is the City of Miami Commission. 

Please show up and tell our commissioners that Walmart has to follow the rules like everyone else!

When: 6pm Walmart Hearing Starts
7-9pm Public Hearing 

Where: 3500 Pan American Drive, Miami City Hall on the waterfront of Coconut Grove

Who: Walmart’s team of 20 lawyers and experts vs. the people

Why: This is our final appeal outside of an expensive courtroom brawl in the effort to force Walmart to comply with Midtown’s zoning rules. 

The city of Miami has violated our rights to due process allowing Walmart a variance riddled plan approval without a real public hearing before making the decision.


If you can’t make it, there’s still something important you can do!

Email our public officials and call them now! 

Mayor Tomas Regalado

Commissioner D1 Willy Gort - Frank Castaneda - Chief of Staff -

Chairman of Commission D2 Marc Sarnoff, Esq. (Walmart is in his district)

Commissioner D3 Frank Corollo, CPA

Commissioner D4 Francis Suarez, Esq. (who is absent tonight)

Comissioner D5 Michelle Spence-Jones 

Director of Planning and Zoning Francisco Garcia (he approved Walmart’s plan illegally)

Here’s a few talking points you can share in your phone calls and emails: 

- Walmart is removing over a dozen trees from NE 31st Street against code

- Walmart is changing a NE 31st street from 2 to 3 lanes against the recommendation of the code.

- Walmart is building 2 buildings with completely different designs in the same project in violation of the code.

- Walmart ignored a parking setback of 8’ feet from the street on the 2nd and 3rd level abutting NE 31st street

- Walmart should have habitable space on the 2nd and 3rd levels facing Midtown Blvd and Miami Avenue, or set back the parking garage walls by 85’

- Walmart has a blank wall facing south, without habitable 2nd and 3rd floor liners - again against the code.

- Walmart’s 40’ blank wall runs for nearly 500’ alongside Pike Brothers’ 15’ tall wall creating a dangerous alleyway

- Walmart placed a parking garage entrance on N. Miami Avenue facing a 10,000 sq. ft. green space area designated for public enjoyment

- Walmart has 5 loading zones where 3 are required, no more no less. 

- Walmart’s loading zone for the “liner shops” is inadequate with 12’ height where 15’ is required - this will force off street loading on Midtown Boulevard, not allowed by code

- Walmart’s plan doesn’t have parking garage access to the east side’s liner shops to meet ADA requirements


Once again, I would like to see all of your smiling faces tonight at Miami City Hall and for everyone on this list to at least share 1 email with a public official between now and 6pm when our hearing time begins!!!!

Thank you so much for being there so many times in the last two and a half years and sharing this message with your friends and neighbors time and again.

With luck, this could be the end of our long road - and with support tonight a successful conclusion. Yes, I said it, tonight could be Walmart’s last call in Midtown. 

See you soon!




Why should This Wednesday Night be important to you?  

There's a Public Hearing at 6pm tomorrow night, Wednesday October 2nd at Miami's City Hall for's appeal of Wal-Mart's flawed architectural permit.  

Details Here =====>

What difference does it make if Wal-Mart can ignore local ordinance and get away with it? 

Wal-mart's Midtown project contains nearly double the parking, loading and floor space than any single establishment should be allowed to build in that location. 

This is the first and could be the last public hearing you'll get on the matter.  


Midtown Miami residents and business owners have nervously followed a battle lasting 2 years this month pitting residents who oppose Wal-Mart vs. local government officials.

In February, Miami's UDRB, a citizen board of architects denied the permit in a 6-0 vote.  Normally, such a recommendation ends the planning process for a project, but Wal-mart's application kept rolling through the system, like a zombie in big box clothing.

This past August, the city's Director of Planning and Zoning issued a permit approval to Walmart that violates no less than 7 distinct portions of Midtown Miami's Master Plan.  

That's right, an unelected city official gave special privileges, without the required public hearings, and key reports on the traffic impact of Wal-Mart's proposal.

Miami's local government appears ready to set horrific precedent that anything goes with Wal-mart - and as citizens who care, we must draw a line.  

Please join me in the City Hall chamber to voice your support tomorrow night.  


***  AUGUST 16th, 2013 *** FUNDRAISING EMERGENCY ***

The worst case scenario has come to pass.  City of Miami Planning Director Francisco Garcia has approved Walmart's Class II Permit application.  We have only a few days to appeal Walmart's entitlement.  

Please Donate and Share this link today

  This past April, Miami's Planning Director promised to me - on video tape - and to you as residents, that his office would respond to all written comments or demand changes to the plans to eliminate any variances.

  The Huffington Post let me chronicle the only written reply from Mr. Garcia's office since that time in an article:

  Please share, like, and tweet that article!

 My last visit to the planning department on July 3rd revealed an un-logged set of plans from March 4th, 2013.   A careful examination and photographic capture of those plans revealed few, if any changes from the plan denied by the Miami UDRB 6-0 in February. 

  If you've got any desire to oppose Walmart's defenestration of Midtown - this is the time to make your voice heard.  The appeal is not unreasonably expensive - but it must be started promptly, submitted to the city and most importantly accepted by the city.  

  Once an appeal is accepted, it would go to the Planning and Zoning Appeals Board - the same board which voted against Walmart's flawed requests 9-0 last year.  


All we need to do is fight - there is a strong chance that our appeal will be successful.  




Please be advised that a public meeting has been scheduled for the Midtown Walmart on Thursday, April 4, 2013, from 6:30 to 8:00pm at Roberto Clemente Park, 101 NW 34th Street. 

As mentioned in previous meetings and public hearings, the proposed use itself (a large scale retail establishment) is allowed on the property and the sole issue before us is whether the design of the store is appropriate and contextual. We encourage your feedback and comments and respectfully request that they address site design and building design issues, as it is these we will consider and fall properly within our scope of review. 

If you plan to attend, please read how Walmart's Spends Your Tax Dollars to Break the Rules and watch the embedded and linked videos to see how.


Miami’s residents, its small business people, its artists and entrepreneurs have conspired to create a uniquely vibrant set of neighborhoods in spite of a rough national economy and the local real estate bust.

The last thing this thriving experiment in urban renewal needs is the presence of Walmart in Midtown Miami.

Walmart, the standard bearer of international corporate power and conformity, just doesn’t fit the image that so many have worked to create for Midtown and the Wynwood Arts District, and placing the world’s largest discount retailer in the Miami’s hub of arts and culture just doesn’t make sense.

Read more:


Photo Essay: 

HuffingtonPost Miami:

Letter to
City of Miami Director of Planning Francisco Garcia
Mayor of Miami Tomas Reglado
and 5 others
Miami District 2 Comissioner Marc Sarnoff
Miami District 5 Comissioner Michelle Spence-Jones
Miami District 1 Comissioner Willy Gort
Miami District 4 Comissioner Francis Suarez
Miami District 3 Comissioner Frank Carollo
I just signed the #NoWalmartinMidtown Miami petition.

Walmart's plan was rejected by 3 judges for having won an illegal variance. The Judges clearly said that Walmart cannot have a Special Permit, it's nullified. Walmart can't have a special process to give them anything they want, they need to follow the rules and the Midtown Master plan - and the court's decisions.

As a City Commissioner, you should vote against Walmart and in favor of the rule of law tonight.