Aventura Condo Developer, Opponents Reach $21.6 Million Settlement
The settlement ends a five-year legal battle between the Prive at Island Estates developer and project opponents in the Williams Island Property Owners' Association Inc.
March 13, 2018 at 04:13 PM
4 minute read
The opponents of the new Prive at Island Estates in Aventura agreed to pay $21.6 million to the developers of the luxury condominium under a settlement ending a five-year legal battle.
The Williams Island Property Owners' Association Inc. and the project developers reached the settlement Feb. 27, following a jury verdict on Jan. 30 saying the association was on the hook for $26 million for its opposition to the project.
The 16-story, twin-tower Prive condo with 160 units was finished in January and is the only development on an 8-acre island that connects by bridge to South Island, an enclave of 22 single-family homes. Another bridge connects South Island to Williams Island, an affluent community of luxury residences including the Bellini tower and the Mediterranean Village.
The Williams Island association paid Prive $1 million as soon as the settlement was reached and $80,000 to developer Gary Cohen's trust, according to the settlement. The remaining $20.5 million is due March 30.
The settlement “gives us everything we wanted and everything we fought so hard for in the lawsuits,” said the developer's attorney, Glen Waldman of Waldman Barnett in Miami. Colleagues Eleanor Barnett and Jeffrey Lam also were on the legal team.
Kenny Nachwalter shareholders Jeffrey Foreman, Richard Critchlow, Deborah Sampieri Corbishley and Elizabeth Brooks Honkonen represented the association. They didn't return a request for comment by deadline.
The Williams Island association sued Cohen in 2013 claiming he had no right to develop a condominium on the island because zoning allowed only single-family homes and a vested rights agreement to develop wasn't valid.
Cohen since then partnered with BH3 to form Prive Developers LLC, which sued the association. The crux of its claim is that a 1982 agreement prohibited Williams Island from objecting to development of the Prive site and from encouraging others to object.
The agreement was between Cohen's father, Norman Cohen, and Williams Island Associates, from which the Williams Island association inherited the agreement, Waldman said.
The jury in its Jan. 30 verdict agreed the association breached the no-objection agreement.
Since then, the Kenny Nachwalter team argued the case never should have gone to a jury and a judge should have decided whether the 1982 agreement was violated, according to a Feb. 14 court filing.
The attorneys argued the agreement not to object wasn't binding on future landowners and, despite this agreement, Williams Island had the right to sue based on litigation privilege, according to court filings.
The Kenny Nachwalter attorneys asked for a decrease of the $26 million jury award either to $540,476 in general conditions costs or to $12.6 million, which would include general condition and financing damages, according to the Feb. 14 motion for remittitur.
The lawsuit between the Prive developer and the Williams Island association is one of several battles over the project that played out in court.
Separately, the developer still is arguing in court that four South Island residents tried to stop Prive by maliciously spreading information that the condo project wouldn't be built and Cohen didn't have the right to build it, according to court records.
Those allegations are part of a larger lawsuit the developer filed against some South Island property owners.
Miami-Dade Circuit Judge Jerald Bagley in 2016 dismissed the entire lawsuit. The Third District Court of Appeal on Jan. 24 for the most part agreed with the trial court but overturned the dismissal of the developer's count alleging some South Island residents spread malicious and false information.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRead the Document: DOJ Releases Ex-Special Counsel's Report Explaining Trump Prosecutions
3 minute readUS Judge OKs Partial Release of Ex-Special Counsel's Final Report in Election Case
3 minute readSpecial Counsel Jack Smith Prepares Final Report as Trump Opposes Its Release
4 minute readNorth Carolina Courts Switch to Digital, Face Extreme Weather in 2024
Trending Stories
- 1NJ Courts Have Hostile Work Environment, Ex-Employee Claims
- 2Meet Delaware's Incoming Lt. Gov.: 'It's a Natural Progression' From Litigation to Policy
- 3Class Action Settlements Totaled $40B+ Three Years in a Row: 'We’re in a New Era'
- 4Automaker Pleads Guilty and Agrees to $1.6 Billion in Payouts
- 5MLB's Texas Rangers Search For a New GC and a Broadcasting Deal
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250