Court rules Privé’s sidewalk, built through homeowners’ properties, is illegal

abmiami | October 12, 2017 | Miami Real Estate

Prive at Island Estates and BH3’s Charlie Phelan, Greg Freedman and Daniel Lebensohn and Gary Cohen

A judge has deemed Privé at Island Estates’ sidewalk, built through homeowners’ properties, is illegal, as the years-long war between the condo developers and their Aventura neighbors wages on.

Several nearby homeowners and the Island Estate Homeowners Association had filed suit against the developers in 2014, alleging that the sidewalk constituted trespassing. The developers had argued that they used a utility easement to build the sidewalk.

Gary Cohen and BH3’s Greg Freedman, Daniel Lebensohn and Charles Phelan’s two-tower, 160-unit project is under construction on an 8-acre island at 5000 Island Estates Drive. The developers say the project will be delivered in late November.

In the court order signed on Tuesday, Circuit Court Judge William Thomas granted the neighbors’ motion for partial summary judgment against the developers Two Islands Development Corp., NI Holdings and Last Lot Corp. and Prive Developers LLC and Trust 75 LT 21, saying the sidewalk constituted a trespass and using the utility easement for that purpose is not allowed.

The sidewalk …read more

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