A Miami commissioner has successfully blocked the forced sale of his home by plaintiffs who won a $63.5 million damages award against the commissioner over First Amendment issues.

Magistrate Judge Lauren Louis handed down the decision overruling the forced sale of Commissioner Joe Carollo’s Morris Lane home on July 27 in the Southern District of Florida. Carollo claimed he was entitled to a homestead exemption to block such a sale, citing the Florida Constitution’s provision that permanent residences are exempt from such court-enforced sales.

“… The court concludes that plaintiffs did not meet their burden to prove that (the) defendant left the Morris Lane property with no intention of returning or that (the) defendant established a new permanent residence at another place,” the judge’s opinion states.

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