Grove Isle tennis club lawsuit aims volley against developer’s new project
It’s the second lawsuit in two months seeking to delay the development of a new five-story waterfront luxury condominium complex
Grove Isle Tennis Owners Association is launching a volley at The Markers Grove Isle, a proposed five-building luxury project swirling with controversy.
A recently filed lawsuit alleges that construction of the new waterfront condominium complex in the ritzy enclave of Grove Isle is going to end tennis amenities for unit owners of three existing residential towers.
It’s the latest legal salvo attempting to delay The Markers Grove Isle, a project launched almost six years ago by the private gated island’s developer, Grove Isle Associates.
Grove Isle Tennis Owners Association sued Grove Isle Associates, two related entities and the condominium owners association last month for allegedly violating a court order requiring the developer to provide club services and amenities when construction begins on the new 65-unit project. The project is located at 4 Grove Isle Drive in Miami’s Coconut Grove neighborhood.
The tennis association alleges eight courts will no longer be accessible to unit owners because Grove Isle Associates plans to use them as a staging area and as an ingress/egress point.
Attorneys for the tennis association and Grove Isle Associates did not respond to phone messages seeking comment. Grove Isle Associates is owned by Grove Isle Yacht and Tennis Club, which is managed by Hector Fernandez-Rousselon, Coral Gables-based Pinto Realty and Key Real Estate Development Group.
The tennis association claims a group of residents formed Preserve Grove Isle, and sued Grove Isle Associates in 2015, obtaining a permanent injunction. It required the developer to continue providing certain amenities, including a tiki bar, a pool and a minimum of eight tennis courts during construction of The Markers. According to Florida corporate records, the tennis association is managed by Timothy Moore and Allan Kahane, who are described in the lawsuit as two Grove Isle unit owners and avid tennis players.
“There is no need to violate the permanent injunction in the way that has been threatened,” the lawsuit states, adding that the construction can move forward without impacting or discontinuing “the ordinary use of the tennis courts.”
The tennis association’s lawsuit is the second complaint filed against Grove Isle Associates in a two-month period. In November, a non-profit organization managed by Grove Isle homeowner and metals manufacturer Robert Denholtz separately sued Grove Isle Associates and the city of Miami to cancel The Marker’s building permits.
Denholtz’s Save Grove Isle LLC claims The Markers project’s design would exacerbate wind forces during tropical storms and hurricanes, which poses significant danger to the life and safety of existing residents. At the time, a Grove Isle Associates lawyer said the Save Grove Isle lawsuit was a frivolous attempt to delay the project.
The developer previously prevailed against a court petition by the Grove Isle Association, which represents the condo owners, to overturn a demolition permit to tear down an old hotel, restaurant and spa on the property to make way for The Markers.