LTC 055-2025 Update on the Injunction in Clevelander Ocean LP et al. v. City of Miami Beach et al., Requiring Ocean Drive ReconfigurationDocusign Envelope ID: 7B641181-E9C1-44BF-A255-1 E510706B883
MIAMI BEACH
OFFICE OF THE CITY ATTORNEY and CITY MANAGER
LTC#
TO:
FROM:
DATE:
LETTER TO COMMISSION
Hone�-dMayor Steven Meiner and Members of th City Commission
IC. LJ.c,L.l.lC.O {.,.) /1 • {.,,,itC � t Rica 8.Jl.A�(jp,eo, City Attorney and Eric T. Ca penter, City Manager
February 6, 2025
SUBJECT: Update on the Injunction in Clevelander Ocean LP et al. v. City of Miami
Beach et al., Requiring Ocean Drive Reconfiguration
This Letter to Commission ("L TC") is a follow-up to L TC 044-2025, where we advised the Mayor and City Commission of the Notice of Appeal that commenced appellate review of an Order by Judge Butchko Sanchez requiring the City of Miami Beach (the "City") "to reopen the closed portion of Ocean Drive and revert Ocean Drive from a one-way road to a two-way road." The filing of the Notice of Appeal triggered an automatic stay of Judge Butchko Sanchez's Order. On February 5, 2025, following a hearing on a motion filed by the plaintiffs in the Clevelander lawsuit, Judge Butchko Sanchez orally ruled that she was vacating the automatic stay, meaning that the Order to re-open the closed portion of Ocean Drive and revert Ocean Drive from a one-way southbound road to a two-way road is back in effect. The City intends to pursue relief in the appellate court, but unless and until the appellate court rules to the contrary, the City must comply with the Order.
It is important to note that the City Administration (the "Administration") has complied with submission deadlines and obtained permits as required by Miami-Dade County (the "County") for all segments of Ocean Drive. On October 27, 2024, the City submitted to the County the traffic operations and safety analysis. Subsequently, on November 26, 2024, the City submitted the ballot/survey results of property owners within the Ocean Drive pedestrian plaza (the "Promenade") and affected side streets as stipulated on the County's letter dated August 23, 2024.
Notwithstanding, the County issued a letter dated January 7, 2025, which directs the City, pursuant to its authority in County Code Sections 2-95.1 and 2-96.1, "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 on Ocean Drive." Additionally, in the same letter, the County encouraged the City to pursue a parallel application for the existing one-way condition with a two-way bicycle lane on Ocean Drive
055-2025