MIAMI—Privé Developers and BH3 Management just want to build their luxury condo project in Aventura. Strong momentum—including recently inking $75 million in unit sales 75 days—shows a demand for Privé at Island Estates, which is set to rise on South Florida's last buildable private island.
Privé has received final site plan approval to develop two condominium buildings of 16 stories each. But the City of Aventura won't let the project move forward, declining to process the permits to allow construction because of its interpretation of the South Island sidewalk issue.
The real drama that started in January, when the developers filed a $200 million lawsuit against the city, is heating up in a hurry. Last week, the developers hit residents with a separate $225 million lawsuit.
Now, developers are accusing the city of turning down an opportunity to quickly resolve the legal dispute and of putting city taxpayers at risk for full damages and higher legal fees through protracted litigation. The City of Aventura could not immediately be reached for comment.
"The city continues to refuse to acknowledge their mistake in order to cover themselves,” Gary Cohen, a principal of Prive Developers, tells GlobeSt.com. “Those in charge at the city have had several opportunities to resolve the matter quickly, therefore minimizing costs for everyone."
After the January lawsuit was filed, the City of Aventura agreed with developers to fast-track a portion of the case. While Miami-Dade Circuit Judge Jerald Bagley ordered a trial date in 60 days with approval from both sides, the city's lawyers asked the court on Feb. 12 to throw out the fast-track option.
“The City has chosen a path that exposes its residents to greater liability,” says Cohen. “Its leaders asked for and had more than one opportunity to resolve the matter quickly and with less financial impact. And they have chosen not to do that.”
According to the developers, this is the second time the city has turned down an offer to resolve the case. Before filing its lawsuit, the developers asked the city to participate in a specialized mediation made available through a Florida statute called FLUEDRA, but claims the city refused. Because the City of Aventura turned down the FLUEDRA forum, Privé, BH3 and other plaintiffs filed suit to uphold their development rights and ensure they deliver residences to buyers on time.
"The city's lawyers agreed to expedite a trial that the judge set for 60 days so we could get a quick resolution one way or another,” Cohen says, “Instead, the city attorneys tried to dismiss that same action which is contrary to the
“The City has chosen a path that exposes its residents to greater liability,” says Cohen. “Its leaders asked for and had more than one opportunity to resolve the matter quickly and with less financial impact. And they have chosen not to do that.”
According to the developers, this is the second time the city has turned down an offer to resolve the case. Before filing its lawsuit, the developers asked the city to participate in a specialized mediation made available through a Florida statute called FLUEDRA, but claims the city refused. Because the City of Aventura turned down the FLUEDRA forum, Privé, BH3 and other plaintiffs filed suit to uphold their development rights and ensure they deliver residences to buyers on time.
"The city's lawyers agreed to expedite a trial that the judge set for 60 days so we could get a quick resolution one way or another,” Cohen says, “Instead, the city attorneys tried to dismiss that same action which is contrary to the
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