AVENTURA, Fla., Feb. 5, 2016 /PRNewswire/ -- On Friday, January 29th, 2016 Judge Bagley denied Williams Island's motion to dismiss both damages claims filed by the developers of Privé against the Williams Island Property Owner's Association ("WIPOA") and a class action lawsuit against all 2,000 residents of Williams Island ("WI Residents"). Judge Bagley's ruling allows the developer/affiliates to pursue millions of dollars in damages from WIPOA and WI Residents for violating the 34-year old recorded "Agreement Not To Object" (to development on either location) which binds each Williams Island unit and is listed on each unit owner's title policy. The breach of this agreement is the first by either party since its inception. WIPOA challenged the same vested rights determination for Privé that governs the Williams Island parcels. These claims, along with WIPOA's dissemination of misleading information, are the reasons for Prive's damages claims. The Vested Rights WIPOA attempted to challenge, unsuccessfully, have existed since a 1976 court order (the development order) that set the development criteria for both Williams Island and adjacent parcels. This includes Peninsula I & II, the South Island at Island Estates and the North Island where Privé is under construction.
Daniel Lebensohn of Privé Developers, LLC stated: "We have the necessary permits, entitlements, and rights needed to continue construction of Privé, which is presently approaching the 6th floor in its North tower and is scheduled for completion next summer. We look forward to delivering the most exclusive and luxurious project to ever be developed in Aventura, and welcome more Williams Island residents to meet with our sales team to explore upgrading their lifestyle, as many Williams Island residents have already chosen to do."
Privé is being constructed based on the same vested rights as every other Williams Island building, rights established by a court order in 1976, 40 years ago. The same judge affirmed the existence of the vested rights and ruled in October, 2015 that they have never been waived or abandoned and are unequivocally protected by both the state and federal constitutions.
In a complementary decision in a related case, a federal judge recently ruled that the neighbors, which would include Williams Island, have no standing to challenge the issuance of building permits for Privé, and that any periods for challenging the final site plan approval and/or building permits have long passed.
About Privé at Island Estates
Privé is located on an 8-acre private island set between Williams Island and Sunny Isles Beach. The twin iconic 16-story towers designed by renowned architects Sieger Suarez, will be comprised of a total of 160 ultra-luxury residences ranging in size from 2,585 square feet to more than 9,000 square feet for select penthouse units– the pinnacle of Miami luxury real estate.
SOURCE Prive Developers, LLC