Update on MDPL’s Filing of a Motion to Intervene
Why did we file a motion to intervene?
MDPL filed the attached Motion to Intervene in CITY OF MIAMI BEACH v. DEAUVILLE ASSOCIATES, LLC, ET AL, 2019-003653-CA-01 on 2-9-22. That lawsuit was originally filed in February of 2019 by the City of Miami Beach in an effort to bring this neglected landmark back to minimum maintenance standards and code requirements. Unfortunately, the owners have failed to comply with Judge Hanzman’s repeated orders to file the required paperwork for a demolition permit. Instead, the owners filed a structural report that they privately commissioned, which caused the Miami Beach building official to grant a demolition order in circumvention of the Court’s Order and the normal review process by the HPB.
What is our intended objective with the motion to intervene?
To help ensure that the Miami Beach historic preservation code is properly enforced. Currently, the building official’s emergency demolition order is a circumvention of the intended process for certificate of appropriateness for HPB review of partial or total demolition. Our city charter protects the historic preservation ordinance. We want to ensure that the process is followed – that before any demolition occurs, the HPB has the opportunity to review a COA in a public hearing, allowing for presenting of evidence and cross-examination of witnesses, including the owner’s structural engineers.
What are the next steps now that the motion has been filed? Will this motion be heard before the 2-23 meeting date in the case?
The Motion to Intervene will be heard at the 2-23 meeting of the above referenced case.
What other efforts is MDPL undertaking to help save the Deauville?
We are in the process of preparing an appeal to the Miami-Dade County Board of Rules and Appeals, and we expect that appeal to be heard in March.
MDPL’s Motion to Intervene:
click here to download the motion to intervene.
How to Help
You can support our efforts by donating to the Legal Fund: click here.