Last night Judge Bronwyn C. Miller issued her very well reasoned 32 page ruling in favor of Grove Isle and all owners.
Preserve Grove Isle was originally formed by Alan Goldfarb, Bob Wilder, and Chuck Kaplanek and Jerome Shaw. There are many other supporters of PGI who have been helpful in pursuing our legal rights. After learning of the developer’s attempt to shutter our club on May 1, PGI immediately retained Glen Waldman and Jeff Lam to commence a lawsuit against the developer.
This lawsuit was initiated on April 22, 2015. A few days subsequent to that the association filed its intervention action to enjoin the shutting of the club. The temporary injunction that has been in place from May 15-Aug 15 has been extended by the court’s ruling.
A brief summary of the ruling:
- The Developer is prohibited from closing or demolishing the existing Club Facilities until valid building permits are issued.
- During any possible construction by the Developer, the Developer shall continue to provide Club services and amenities on Grove Isle to the unit owners, as commensurate to existing facilities as is possible, including restaurant facilities and services; tiki bar; pool and a minimum of eight tennis courts. The Developer shall work in good faith to build and complete new Club Facilities in advance of construction of other components of redevelopment in order to minimize or eliminate the timeframe within which permanent Club Facilities are unavailable to unit owners.
- The Developer shall make available to all existing and future unit owners/unit owners the new Club Facilities upon their completion on an equal basis.
In short, the Club, including the restaurant, pool, tiki bar and tennis courts, must remain open on Grove Isle and available to the residents of Grove Isle at all times. No closure or demolition of the current Club can occur prior to the issue of building permits for new development. If such permits are issued, temporary Club facilities or permanent Club facilities must be made available on Grove Isle. New Club facilities must be made available to existing and future unit owners.
All issues pertaining to the zoning aspect will continued to be handled by Tony Recio, of Weiss, Sorotta. This is a major victory for our entire island and will allow us to continue to enjoy our island paradise.
A copy of the ruling may be downloaded by clicking on the image below.