Florida’s Attorney General is backing up Whitman Family Development in its fight over a Live Local project in Bal Harbour.
James Uthmeier filed a friend-of-the-court brief in the lawsuit between the developer and the village of Bal Harbour, a “significant and unusual” move, said Whitman CEO Matthew Whitman Lazenby.
“I’ve been telling the local government in Bal Harbour for over two years, they’re not picking a fight with me, they’re picking a fight with the state of Florida,” Lazenby said.
The battle with Bal Harbour is emblematic of the fight brewing between cities in Florida and developers who are using the Live Local Act to push through projects they wouldn’t have otherwise been able to build without approval from local boards and commissions.
The workforce housing law, passed in 2023, allows developers to bypass local zoning and land-use regulations if they set aside at least 40 percent of their residential units for renters earning up to 120 percent of the area median income. Since 2023, the Florida Legislature has strengthened the law by stripping more power from local municipalities.
“In each legislative session, the House and Senate have overwhelmingly reaffirmed and broadened it to accomplish its intended purpose,” said Whitman’s attorney, John Shubin of Shubin Law Group.
Some disputes have made their way to court, with judges determining the outcomes. (In Broward, a judge recently sided with the city of Hollywood in a lawsuit over the proposed height of a Live Local project.)
The fight in Bal Harbour started more than two years ago, when Whitman proposed a massive redevelopment of Bal Harbour Shops that includes three 275-foot-tall buildings with 600 residential units and a 70-room hotel. The proposal sparked major uproar.
Uthmeier’s filing accused the village of “systematically obstructing” a project that met the state’s criteria. It “affirmed what we have been stating for years, that this application strictly complies with the law,” Shubin said.
“It’s not up to a local government to essentially opt out of the law because they don’t like it.”
In this case, it’s up to the judge how the litigation ends. Bal Harbour is expected to discuss the issue at its meeting on Monday.
What we’re thinking about: A bitter schism is fracturing the Meruelo family, which revealed itself in a lawsuit filed by the family’s Deauville Associates against co-developer David Martin and other members of the Meruelo family. What does this mean for the Deauville redevelopment? Send me a note at [email protected].
CLOSING TIME
Residential: Former “Real Housewives of Miami” star Dr. Nicole Martin and her fiancé, attorney Anthony Lopez, flipped the waterfront Coral Gables mansion at 33 Arvida Parkway for $55 million in an off-market deal. A trust purchased the property.
Commercial: The 174-key Courtyard by Marriott at 2000 North Commerce Parkway in Weston sold for $22.8 million, or less than $131,000 per room. Ashford Hospitality sold the hotel to Driftwood Capital.
— Research by Matthew Elo
NEW TO THE MARKET
Investor John Devaney listed his waterfront compound in Key Biscayne for $237 million, marking the most expensive home for sale in South Florida and the second priciest in the state. The property at 485 West Matheson Drive, which includes a 13,000-square-foot mansion on 2.4 acres, was once part of President Richard Nixon’s Winter White House and was also featured in the movie “Scarface.” It’s listed with Jill Eber and Judy Zeder of the Jills Zeder Group at Coldwell Banker.
A thing we’ve learned
Marquis Property Company is closing a Little Havana mobile home park and offering tiered buyouts: $10,000 for those leaving by May 31, and just $2,500 by August, according to the Miami Herald. The closure will displace more than 200 families. Marquis hasn’t revealed its plans for the property, but told the newspaper that the redevelopment would “bring value” to South Florida.
