Homeowners at Island Estates and Williams Island in Aventura applauded a court decision last week that clears the way for trials in early 2016 related to the proposed development of the 160-unit Prive condominium in Aventura.
Miami-Dade District Judge Jerald Bagley ruled that there are material issues about whether developer Gary Cohen, his partners BH3 and the City of Aventura and its City Manager Eric Soroka followed the law in entitling the project on the North Island of Island Estates.
Neighboring homeowners filed lawsuits last year challenging Cohen’s plans to erect two condo towers on the last developable island in Biscayne Bay. For more than a decade, Cohen publicly proclaimed that he intended to build just 17 single-family homes on the North Island.
The only road leading to the North Island passes through Island Estates, where Cohen sold lots to homeowners nearly 20 years ago with the assurance that single-family estate homes would be built on the adjacent island. Access to both islands runs through the Williams Island community.
“We are eager to bring these issues to a courtroom,” said Susan Raffanello, attorney for homeowners at Island Estates and Williams Island. “Mr. Cohen and his partners have taken a significant risk by beginning construction of Prive. Judge Bagley made it very clear that there are legitimate questions about whether Mr. Cohen and the City of Aventura have followed the law in proceeding with this project.”
In his ruling, Bagley affirmed that Cohen has vested rights to build on the North Island. But the court found that Cohen’s failure to follow zoning procedures raised questions about whether the agreement is enforceable. He also said certain zoning-relation violations may have occurred.
Bagley also called into question the behavior of the City of Aventura, saying “there are genuine issues of material fact that relates to how the City Manager [Eric Soroka] may have handled it, or whether or not he violated the law and impaired the public participation. That is a factual issue for the Court to resolve.”
Two trial dates have been set:
Jan. 19, 2016: This trial will focus on issues related to the Island Estates Homeowners Association, and Cohen’s failure to property turn over control of, and transfer property to, the HOA.
March 7: This trial will examine whether Cohen and his partners have rights to build a condominium rather than single-family homes.
On November 19, Judge Bagley also will hear arguments about whether future residents of the North Island will be allowed to use the private road and bridges that are owned by the Island Estates Homeowners Association.
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