Privé developers can keep their sidewalk, judge rules

Case is set to go to trial later this month

Mar.March 09, 2015 01:00 PM

Homeowner Dara Clarke sitting down to block construction on Thursday, and a sidewalk that was installed last year

A judge ruled in favor of developers of Privé at Island Estates on Friday, according to developers.

The homeowners who have long opposed the project were seeking an emergency motion for a temporary injunction to remove the sidewalk that developers had installed a week before.

Miami-Dade Circuit Judge Jerald Bagley ruled the sidewalk is complete and that homeowners will have their day in court at a later date in March, the Miami Herald reported.

While the sidewalk was being installed, homeowners blocked workers from installing the sidewalks on the three remaining properties by “sitting in the mud, parking cars and laying on top of them.” PriceWaterhouseCoopers principal David Clarke and attorney Dara Clarke were arrested after ramming the newly poured sidewalk with their Porsche.

Susan Raffanello, attorney for the homeowners on Island Estates, argued the sidewalk was still being worked on as late as Tuesday.

“They said the sidewalk was complete, that it was done in full,” Raffanello said, according to the Miami Herald. “We now know that they knew those statements were not correct.”

Gerald Richman, who represented developer Gary Cohen, told the Herald that the sidewalk was installed on Feb. 27.

“The issue is moot. They are desperate to prevent the development on the north island,” he said.

The site of Privé at Island Estates, a 160-unit, 16-story, twin tower condo development, is at 5000 Island Estates Drive in Aventura. The case will be continued later this month. [Miami Herald] — Katherine Kallergis

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