A three-judge panel handed Pal- metto Bay and Doral (and other areas considering incorporation) a major setback last week in their incorporation efforts.

The Third District Court of Appeal in a three-page opinion overturned a Dade Circuit Court ruling last May that had paved the way by requiring the Miami-Dade Commission to set an election to vote on incorporation. This ruling leaves incorporation efforts in limbo pending an appeal. The ruling strengthens the hand of the County Commission that now cannot be required to allow any further incorporations.

This can only hurt the quality of life of the citizens of those areas that would have immensely benefitted from incorporation, a benefit that should be available to all the citizens of Miami-Dade.

Pinecrest, Key Biscayne, Aventura and Sunny Isles Beach all have set great examples of how incorporation improves the safety and welfare of each community, while also creating governments that are accessible to its citizens.

Some people have the well-known, and what I believed is a misconceived notion that if the affluent areas (most of which already have) of the county incorporated, what would be left behind would be poorer areas. The assumption is that less affluent communities are unable to cover the cost of services provided in to them. This is hogwash!

Homestead, Florida City, Sweet- water, and Medly do just fine and Opa-locka is no more corrupt than "downtown." That excuse is just a red herring.

For my "two cents" there are fundamental reasons, other than money, that they have blocked incorporation. The first is superficial — it is power and control. After all, we are talking about, roughly 9 percent of your tax bill that stays in an incorporated community, plus a small part of franchise fees. The core reason is much more complicated, its the Metro-Dade Police Department. dilemma. The commission does not want to face the fact that they would have to dismantle the army.

To use the pretext of money and a doctrine of "we know what’s best for you" as a road block to incorporation is a gross misuse of each commission’s obligation to their constituents citizens, over that of their combined fiefdom.

I believe that the downtown power structure needs to come out of the closet on this issue. This is a solvable problem. Unfortunately, it will take enlightened county commissioners or a federal court to win the fight.

I will continue to support the struggle of Palmetto Bay, Doral and other areas of their fundamental rights as citizens to self-determination. Just as has been provided to the citizens of the 22 existing incorporated municipalities of Miami-Dade County.