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North Miami Beach mayor asks for 'emergency injunctive relief' in lawsuit

North Miami Beach mayor asks for 'emergency injunctive relief' in lawsuit
North Miami Beach mayor asks for 'emergency injunctive relief' in lawsuit 01:52

MIAMI - CBS4 now knows when the mayor and the City of North Miami Beach will clash in court. It's at the end of the month, January 31st.

Mayor Anthony DeFillipo is asking for emergency injunctive relief. The lawsuit against the city claims it's "required due to the inability of the city to conduct official business."

Tuesday night's commission meeting never was because three commissioners did not attend. Rules require at least five of the seven commission members to hold a meeting. Only four, including the mayor, were present.

Several commissioners no longer recognize the mayor as the mayor, supporting the city attorney's stance that mayor DeFillipo "automatically vacated" his position by living outside the city.

DeFillipo has a wife, and two children. CBS4's Joe Gorchow pressed DeFillipo Tuesday night about our findings about a 1.2 million dollar home he owns with his wife in Davie.

"You and your wife both have the names on the callbox in Davie. There are pictures of your wife living there on a daily basis in a three-week investigation."

"I own property. I own property."

DeFillipo denies living in Davie, saying he's a property investor, living in the neighborhood of Eastern Shores in a one-bedroom condo. 

His lawsuit to change charter by-laws raises another question. Why was it filed before Tuesday's meeting?  Before, we learned commissioners did not show, creating a government gridlock.

DeFillipo's lawyer tells CBS4 it was based on "what happened at the last meeting and public comments about not showing up to prevent the meetings from going forward." 

Sources close to the situation tell me the city will respond to this lawsuit sometime this week.

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