LTC 013-2025 Injunction in Clevelander Ocean LP et al. v. City of Miami Beach et al.,MIAMI BEACH
OFFICE OF THE CITY ATTORNEY and CITY MANAGER
LTC#
LETTER TO COMMISSION
TO:
FROM:
DATE:
Honorable Mayor Steven Meiner and Members of the City Commission
Ricardo J.0...009ico,City Attorney and E)iy T,F City ManagertJtksCi
January 9,202s "
SUBJECT:Injunction in Clevelander Ocean LP et al.v.City of Miami Beach et al.,
Requiring Ocean Drive Reconfiguration
The purpose of this Letter to Commission (LTC)is to advise you of the recent oral ruling
by Judge Beatrice Butchko Sanchez in the case of Clevelander Ocean LP et al.v.City of
Miami Beach et al.,Case No.2021-11642-CA-01 (11th Jud.Cir.)(the "Lawsuit"),requiring
the City to return Ocean Drive between 5"Street and 14"Place to its pre-COVID-19
configuration.
The plaintiffs in the Lawsuit are the owner of the Cleveland er hotel property,the operator
of the Clevelander hotel (together with the owner,the "Clevelander Parties"),and the
owner of the Essex House hotel.Among other claims,the Clevelander Parties allege in
the Lawsuit that (1)the closure of Ocean Drive to vehicular traffic between 13 Street and
14"Place,and (2)the closure of Ocean Drive's northbound lane to vehicular traffic
between 5 Street and 13"Street,are both unauthorized by Miami-Dade County (the
"County")and therefore illegal.The Clevelander Parties therefore requested in the
operative Complaint in the Lawsuit that the Court enter both a temporary and permanent
injunction requiring Ocean Drive to be restored to its pre-COVID-19 condition.
The City filed a Motion to Dismiss the operative Complaint,including the claims relating
to the Ocean Drive configuration,arguing that those claims are barred by sovereign
immunity,that the County had previously granted temporary permits for the closures,that
the Clevelander Parties lack standing to enforce the County's traffic laws,and that the
Clevelander Parties otherwise failed to state any plausible legal claim.The City was
advised that the earliest Judge Butchko Sanchez could hear the Motion to Dismiss would
be February 26,2025.Even though the Motion to Dismiss remains pending,the
Clevelander Parties filed a Motion for Partial Summary Judgment ("MPSJ")on the Ocean-
Drive-related claims and unilaterally set it to be heard on January 8,2025.The City asked
Judge Butchko Sanchez to wait to decide the MPSJ until after she could hear argument
on the City's Motion to Dismiss,but Judge Butchko Sanchez denied that request and
proceeded with the hearing on the MPSJ on January 8
013-2025
During the hearing,counsel for the Clevelander Parties presented deposition testimony
from the County's corporate representative characterizing the road closures as "unsafe"
and "unauthorized."Counsel for the Clevelander Parties also presented the letter (see
attached)dated January 7,2025,from the County Department of Transportation and
Public Works ("DTPW"),directing the City to "remove in a safe and controlled manner all
barriers installed on,along,or nearby Ocean Drive which impede general vehicular traffic
between 13 Street and 14 Place and Ocean Drive"and noting that "DTPW encourages
the City to pursue a parallel application for the existing one-way condition on Ocean Drive
from 5 Street to 14h Place ...[and]to pursue other concepts in the future in collaboration
with DTPW to enhance pedestrianization and contextual urban design opportunities on
Ocean Drive."
Over the City's strenuous objection,Judge Butchko Sanchez orally granted the
Clevelander Parties'MPSJ and declared she would be entering an injunction order
requiring the City to "reopen"Ocean Drive between 5"Street and 14 Place no later than
Wednesday,January 15,2025,at 5:00 p.m.
Judge Butchko Sanchez is expected to enter a written order confirming her oral ruling
sometime within the next few days,although she is not under any specific deadline to
enter the order.We will keep you advised of this and related developments.
It is imperative that whatever changes are made must be consistent with the safety
standards and codes of the authority having jurisdiction,the DTPW.To that end,the City
Attorney's Office and the City Administration are working diligently with the County on
next steps and all possible avenues for an outcome that continues to provide safe
transportation options for our residents,business owners and visitors,while complying
with lawful mandates.
••&is@iii»
January 7,2025
Department of Transportation and Public Works
Office of the Director
701 NW 1st Court •17Floor
Miami,Florida 33136
Eric Carpenter,P.E.,City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach,FL 33139
RE:Ocean Drive Temporary Pedestrian Plaza (DR 2024002764)
Dear Mr.Carpenter:
Since our correspondence on August 23,2024,the Miami-Dade Department of Transportation and Public
Works (DTPW)has been in close coordination with the City of Miami Beach (the "City")Department of
Transportation in relation to the Ocean Drive pedestrian plaza that is currently in place along Ocean Drive
between 13 Street and 14"place.
Our staff has been monitoring the progress of the pedestrian plaza and has provided comments to City
staff working to identify possible solutions to address the operational and safety issues identified with the
subject closure to vehicular traffic of portions of Ocean Drive.The City has complied with all submission
timelines stipulated in the letter;however,as of the date of this letter,the County has not given its final
approval for the subject closure due to significant concerns regarding traffic operations and safety arising
from the road closure.The closure of portions of Ocean Drive to vehicular traffic and re-routing of general
traffic continues to be at the forefront of our concern.The County has identified and communicated with
City staff regarding various safety hazards that are created by the City's closure of portions of Ocean Drive
to vehicular traffic.By way of example,the closure of Ocean Drive to vehicular traffic between 13Street
and 14"Place limits access for emergency vehicles to reach the surrounding area and creates several
conflict points for pedestrians and motorists.The concerns with safety and traffic operations are further
documented in the testimony from DTPW Traffic Engineering Division staff during deposition on the
Clevelander Ocean LP filing (Case No.:2021-11642-CA-22).
Pursuant to sections 2-95.1 and 2-96.1 of the Code of Miami-Dade County,the City is hereby directed to
remove in a safe and controlled manner all barriers installed on,along,or nearby Ocean Drive which
impede general vehicular traffic between 13"Street and 14place and Ocean Drive.
By way of this letter,DTPW encourages the City to pursue a parallel application for the existing one-way
condition on Ocean Drive from 5""Street to 14""Place as this concept was temporarily approved by DTPW
with conditions that have not been met to date including a post-implementation traffic analysis of the
one-way operation.The County also encourages the City to pursue other concepts in the future in
collaboration with DTPW to enhance pedestrianization and contextual urban design opportunities on
Ocean Drive.
Should you have any questions or require additional information,please contact me at any time.
Sincerely,
Josiel ·errer-Diaz,P.E.,Interim Director and CEO
Department of Transportation and Public Works
c:Jimmy L.Morales,Chief Operating Officer,Miami-Dade County
Miguel Soria,P.E.,Assistant Director,DTPW
Yamilet Senespleda,P.E.,Chief of Traffic Engineering,DTPW