Opponent of Privé condo project in Aventura sues the developers, the city and two cops

Miami /
Nov.November 12, 2016 11:15 AM

The developers of a 160-unit condominium in Aventura called Privé at Island Estates are defendants in a lawsuit filed by the owner of a nearby home who has actively opposed the controversial development.

Dara Clarke, who resides in island community just south of another island where Privé is under construction, staged a one-person protest in February 2015 to block construction of a sidewalk by the developers of Privé, who called the cops. Aventura police charged Clarke and her husband David then destroyed a freshly poured curb by driving their cars over the concrete while it was still wet. Police arrested Clarke and her husband and jailed them.

The developers of Privé— Charles Phelans, Gary Cohen and Daniel Lebenson— subsequently sued the Clarkes for damages. But prosecutors decided against pursuing a criminal case against the couple.

Dara Clarke, who filed a successful appeal to get her arrest record expunged from public records, fired back with her own lawsuit, filed Thursday in Miami-Dade Circuit Court against the developers of Privé, the police officers who arrested her, and the City of Aventura.

Clarke’s suit charges the developers of Privé with malicious prosecution, negligent reporting to police, and defamation for comments  to news media. She also alleges that the police officers used excessive force in arresting her.

The developers recently topped off one of the two 16-story condo buildings that will comprise the Privé project, and they  say they have amassed $300 million in sales so far. Unit prices start at $2.1 million.

Attorneys for the city and the developers dismissed Clarke’s lawsuit as frivolous.

Several other owners of homes near the Privé site have a pending lawsuit against the developers to stop the half-built development. The suit claims the development violates an agreement that limited developer Gary Cohen to the construction of single-family homes at the site.

Susan Raffanello, an attorney for the homeowners, told the Miami Herald their lawsuit could force the developers to demolish what they have built if they started construction “knowing there was a challenge to his [Cohen’s] right to build multi-family housing.” [Miami Herald]Mike Seemuth  


Related Articles

arrow_forward_ios
A photo illustration of Ocean House South Beach, 125 Ocean Drive (Condo.com, iStock)
Ocean House South Beach closing tops weekly condo sales in Miami-Dade
Ocean House South Beach closing tops weekly condo sales in Miami-Dade
Ram Realty, Pinnacle pay $15M for multifamily dev site near Aventura
Ram Realty, Pinnacle pay $15M for multifamily dev site near Aventura
Ram Realty, Pinnacle pay $15M for multifamily dev site near Aventura
(Compass Real Estate, Zilbert, LoopNet, iStock)
Monad Terrace closing tops weekly condo sales in Miami-Dade
Monad Terrace closing tops weekly condo sales in Miami-Dade
From left: Greg Friedman (buyer), managing principal and CEO, Peachtree Hotel Group, and David Leatherwood (seller), CEO and managing member, Norwich Partners (Peachtree Hotel Group, Norwich Partners, Booking.com, iStock)
Peachtree buys AC Hotel by Marriott in Aventura for $50M
Peachtree buys AC Hotel by Marriott in Aventura for $50M
Palazzo Del Mare, 7192 Fisher Island Drive
Here are Miami-Dade’s top condo sales in December
Here are Miami-Dade’s top condo sales in December
$10M W South Beach PH closing tops weekly condo sales in Miami-Dade
$10M W South Beach PH closing tops weekly condo sales in Miami-Dade
$10M W South Beach PH closing tops weekly condo sales in Miami-Dade
David L. and Dara Clarke with the home (The Carroll Group, LinkedIn via Clarke)
Aventura residents who tried to block Privé condo sell waterfront home for record $9M
Aventura residents who tried to block Privé condo sell waterfront home for record $9M
Gomez Development scores $45M loan to build Aventura medical building
Gomez Development scores $45M loan to build Aventura medical building
Gomez Development scores $45M loan to build Aventura medical building
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...