A plan to fill the vacant Lincoln Road Regal Cinema movie theater owned by Steve Gozini’s BH Properties with a museum is on the verge of falling apart, according to a recent lawsuit.
Superhuman Museum of Modern Art, a concept spearheaded by former Miami Beach mayoral candidate Steve Berke, is suing an affiliate of Los Angeles-based BH Properties to stop the landlord at 1120 Lincoln Road from canceling a 2024 lease stemming from disputes over a roof leak and broken elevators and escalators.
In its complaint filed July 3 in Miami-Dade County Circuit Court, Superhuman is seeking a judge’s order to enforce the lease, require BH Properties to fix the elevators and escalators and allow the venue to take possession of the 78,700-square-foot anchor space.
Gozini’s firm acquired the four-story building and garage in 2022 from Steve Roth’s Vornado Realty Trust for $93.6 million, representing a 29 percent drop from the previous sale price in 2012. Built in 1999, the 253,000-square-foot building has retail in addition to the former movie theater. Regal Cinema closed the Lincoln Road outpost in September two years after the company announced it was shutting down 39 theaters across the country.
The dispute lands amid a push by real estate investors and landlords such as Michael Comras to reinvent Lincoln Road into a more experiential retail and entertainment corridor. In its lawsuit, Superhuman says its project would be part of that reboot.
BH Properties, Berke and their attorneys declined comment.
The Miami Beach Planning Board approved a conditional use permit in December for Superhuman, which is billed as an attraction that will offer interactive art programming alongside works by iconic artists including Picasso, Andy Warhol and Keith Haring. BH Properties is “needlessly delaying Superhuman’s efforts to construct and open its project” and “has been steadfast in its efforts to try and terminate the lease,” the complaint alleges.
Superhuman refused to take possession of the anchor space because BH Properties has not fixed the elevators and escalators since Regal Cinema moved out, the lawsuit states. The museum alleges that it has spent more than $870,000 on design, architects, engineers, consultants and permitting while waiting months for BH Properties to complete the repairs.
The complaint points to a City of Miami Beach elevator inspector’s email that said the elevators failed inspection in August 2025, and that the escalators were overdue for annual testing. Superhuman alleges the landlord acknowledged the issues, but still sent a Dec. 5, 2025 notice of default claiming the tenant wrongly refused to accept possession.
The tension escalated in June when the landlord sent Superhuman a casualty notice tied to a roof leak, followed by a termination letter stating the damage could not reasonably be repaired within 120 days, the lawsuit states. Yet, BH Properties did not provide Superhuman with photographs, inspection reports or repair estimates and then blocked the tenant from inspecting the premises, the lawsuit alleges. Superhuman is accusing BH Properties of attempting a last-ditch effort to cancel the lease and rent the space to another tenant.
In a separate lawsuit, BH Properties is blaming Regal Cinemas for the escalator fiasco. In April, the landlord sued New RCI Holdings, Regal Cinema’s parent company, claiming it was responsible for repairing the elevators and escalators. BH Properties alleges New RCI’s alleged negligence triggered city citations and penalties, while also still owing a partial October rent payment of $33,225.