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Apeiron at the Jockey Club developer wins key ruling from appeals court
The development partners are still involved in other litigation
The Apeiron at the Jockey Club developer appears to have snuffed out a long-running fight with two property owners’ associations that sought to stop the 120-unit tower in North Miami-Dade from being built.
The Third District Court of Appeals earlier this month dismissed a petition by the Jockey Club I and Jockey Club II associations, which represents unit owners at two of three existing condo buildings on the 22-acre Jockey Club complex at 11111 Biscayne Boulevard.
In 2016, the associations sued project developer Apeiron Miami LLC and the Jockey Club Maintenance Association, the entity that owns the common areas of the complex where the 40-story tower would be built.
Jockey Club I and Jockey Club II argued that agreements executed in 1977 and 1995 prohibited development in the common areas without the consent of the associations. A year later, Miami-Dade Judge John W. Thornton granted summary judgment on behalf of Apeiron Miami and the maintenance association, but Jockey Club I and Jockey Club II appealed to the Third DCA, claiming the judge had improperly sided with the developer. According to the latest June 3rd denial order, the appeals court determined that “we cannot conclude that the trial court abused its discretion.”
“This is a decisive and significant victory for Apeiron and an important decision upholding basic development and property rights,” said Carlton Fields shareholder Chris Smart, lead attorney for Apeiron in the litigation. “Plaintiffs – such as Jockey I and Jockey II – who are not owners of real property cannot exert control over the owner’s property and do not have a say in its development.”
Smart said another appeal by the associations is possible, but unlikely. Glen Waldman, the attorney for Jockey Club I and Jockey Club II, did not respond to multiple requests for comment.
However, Apeiron Miami and related company Apeiron Holdings Miami — which are both controlled by developers Muyad “Mo” Abbas and Michael Bedner — are still contending with another legal skirmish involving their partners in the project. In February, a court receiver was appointed to take over management of Apeiron Miami as the development partners sort out a slate of legal disputes involving ownership of the project.
Apeiron Holdings Miami and Apeiron Miami are suing partners Asaf Horesh, Zeev Segal and their company Jockey Segal Upland. The complaint also names Doron Arad and his company Pledger Trust Series 28 LLC as defendants. Pledger Trust and Arad filed a separate foreclosure lawsuit against Apeiron Miami for nonpayment of a $10 million loan. According to Miami-Dade court records, Pledger Trust, Arad and Apeiron Miami reached a confidential settlement on June 3rd.