Fight Over Miami River Condos Ends With Supreme Court Ruling
On 28.08.11, In Legal Industry, by Blake Houser
The issues surrounding the two controversial residential projects located on the Miami River, whose city endorsements have been legally challenged for causing damage to the marine industry and the comprehensive plan of the city, have finally been resolved by the court.
The Florida Supreme Court denied the request of the landlords to reverse the opinion of a lower court which found the actions of the city inappropriate when it changed the land use from marine industrial in order to make room for Hurricane Cove and Coastal on the River. In a separate ruling, the state had arrived at a similar conclusion.
The first lawsuit, which was filed in 2004, led to changes in the comprehensive plan of the city that previously appeared sensitive to residential development.
Andrew Dickman, the attorney who represented the marine industry in the suit, said, “We are thrilled about it. It’s the end of the line for them.”
According to Dickman, the marine industry along with neighborhood residents who support them, have reached an agreement with the city. He said, “They amended the comprehensive plan in a way that is pro-working waterfront as opposed to the prior language that led to litigation. There was a lot of fuzzy language and developers took advantage of it.”
The approvals granted by the city came at the peak of the residential real estate boom that saw the construction of thousands of condominium complexes all over the city. This also generated jobs, as well as housing, along the river tied to dozens of high-rise development. However, the boom also displaced a lot of businesses along the river and threatened to shut down completely the marine business activity on the waterway.