Grove Isle briefed by legal advisors on development threat


Rowing on Biscayne Bay - Grove Isle

Ready to pull hard as crew sets off near Grove Isle

Attorneys representing our Association and working with the Board, presented their thoughts on the proposed development on Grove Isle and the status of on-going litigation to the Association members that were able to attend on Monday evening.  This meeting was well attended and the presentation enlightening.  In initial comments, Gilberto Pastoriza of Weiss Serota confirmed that he was hired by the Association to investigate the legal basis for the rapid development of the tower proposal (now known as Plan A) by the current owners of 4 Grove Isle, with Mr. Avila as the spokesperson for this consortium.

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Gilberto Pastoriza of Weiss Serota briefs residents on the developer’s proposals for Grove Isle

Mr Pastoriza emphasized that this development, unbeknownst to the members of the Association, was on a fast track for approval by the city.  “The train was going full speed.  Our job was to stop the train.”  Indeed, with their preparation of the Memorandum questioning the legality of vested rights from the Settlement of 1977 and its distribution to city officials, the developer’s plan is now on hold by the City. This presentation, which was in depth, was successful and informational.  They mentioned that there are various points of view from Association members, including those most concerned about amenities, those most concerned about protracted construction, and those most concerned about any construction on Grove Isle in general.

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John Lukacs of Hinshaw & Culbertson updates residents regarding the Association’s successful appeal

It also became clear that the Association members are dependent on a second party, the owners of 4 Grove Isle, to provide them most of the amenities that the Association enjoys (e.g. tennis courts, fitness center/spa, restaurant) and yet the owners, who operate these facilities at a profit, may (or may not—that is a legal issue) have the right to discontinue such amenities.  Mr. Avila’s Plan B includes discontinuation of many of the amenities that the Association members have enjoyed over the past 30+ years but is said to be within the current zoning ordinances of Miami 21.  In addition, John Lukacs of Hinshaw & Culbertson, who also represents the Association, discussed the reversal by the appellate court of the pending suit by the Association against the Club (i.e. 4 Grove Isle), and this suit will be litigated once again, hopefully to the advantage of the Association and its members.

Appeal Report Image

The pending suit by the Association against the Club (i.e. 4 Grove Isle) will likely be litigated once again

The lawyers claimed that the Association members on Grove Isle do NOT have to choose between two bad choices, Plan A (the tower) versus Plan B (5 five story buildings occupying much of the land that is owned by the developer). They emphasized that we have other options….and we, the residents of Grove Isle, are empowered to decide what we want for our future here.

It is now clear from the predictions of the recent poll that a majority of the residents on the island want no development based on what they have seen and heard. “The Grove Isle opinion poll continues to assess the views of Association members and is surpassing our expectations.”  It seems as the entire island is waking up to the fact that they really enjoy this island “the way it is”.  Like the old adage, “you take your health for granted until you lose it,” we don’t always appreciate something important in our lives—including the ambience of Grove Isle–until we are about to lose it.

We will be headed for a requested mediation (non binding) with the city, the developer and Grove Isle representatives on 21 April.  It is very possible that this start date may be delayed.  We feel that this mediation will expose the “no further development position” to all, based upon the opinion poll in progress.

Please keep your letters and e-mails going out to the Miami administrators and elected officials….they are very valuable.  You will find this info on this site at this location (click here).

Thank you for the many, many comments and opinions on this PGI website.  It shows the interest and unity of the Grove Isle residents.  It is times such as this that bring a community together.

You may also now follow developments and share information regarding our island on Facebook and Google+. Click on the icons below for a link to these sites.

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2 thoughts on “Grove Isle briefed by legal advisors on development threat

  1. Alan Goldfarb says:

    Great presentation

    Alan Goldfarb, Esq. agoldfarb@goldfarbpa.com 100 Southeast 2nd Street, Suite 4500 Miami, Florida 33131 Phone: 305.371.3111 Fax: 305.577.8375

    Like

  2. susan says:

    Thanks for the recap of the meeting for those of us unable to attend. As mentioned in the recap, it is extremely important to let Sarnoff know that there is wide spread opposition to Avila’s proposals. Avila probably has made significant contributions to Sarnoff’s campaigns, but he is only one voter. Let Sarnoff know that many voters will be in opposition to him for asking for mediation before the City has ruled on the Memorandum of Law presented by our attorneys.

    Like

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