Greenspoon Marder Secures Victory for Edgewater River LLC in Miami Unsafe Structure Dispute
December, 2024 - Fort Lauderdale, Florida
Miami – December 2, 2024 – Greenspoon Marder is pleased to announce a significant victory achieved by its Hospitality, Alcohol, and Leisure Industry Group, led by chair Louis J. Terminello and associate attorney Kevin Cruz, in a matter involving a dispute with the City of Miami over an Unsafe Structure Notice of Violation. The case centers on the procedural due process rights of Edgewater River LLC, the property owner, and its tenant, El Otra Tiesto Corp.
On April 28, 2023, the City of Miami issued an Unsafe Structure Notice of Violation to Edgewater River LLC, asserting violations of the City’s building code. Appellants contested the violation via an online form, identifying their counsel, and providing contact details. The City initially acknowledged the contestation and scheduled a hearing for September 22, 2023, which was later rescheduled to March 22, 2024, via email to the appellants’ counsel.
However, on February 9, 2024, the City mailed a Notice of Hearing to Edgewater River LLC and its resident agent, rescheduling the hearing for March 15, 2024, without notifying the appellants’ counsel of the change. When neither the appellants nor their counsel attended the March 15 hearing, a Final Order was issued, finding Edgewater in violation of the City’s Code.
Greenspoon Marder’s team took action on behalf of the appellants and filed a motion for review of the City’s decision. The Court, in its analysis, found that the appellants were deprived of procedural due process. Specifically, the Court emphasized that the City had failed to provide notice to the appellants’ counsel, despite the use of an online form that anticipated notice to be directed to an attorney.
The Court quashed the Final Order of the Unsafe Structures Panel and remanded the matter for further proceedings. In its ruling, the Court rejected the City’s argument that sending notice to the property owner was sufficient, clarifying that procedural due process requires notice to be properly provided to the attorney representing the party of interest.
“This victory underscores the importance of procedural due process and the need for government entities to comply with the legal requirements that ensure fairness in administrative proceedings,” said Mr. Terminello. “We are pleased to have helped our client secure a fair outcome and look forward to the continued defense of their rights,” added Mr. Cruz.
Greenspoon Marder’s Hospitality, Alcohol, and Leisure team remains committed to protecting the rights of its clients and ensuring fairness in all regulatory matters.
The post Greenspoon Marder Secures Victory for Edgewater River LLC in Miami Unsafe Structure Dispute appeared first on Greenspoon Marder LLP.
