Score a court victory for the developers of Privé at Island Estates in Aventura. Builders Gary Cohen and BH3 are walking away with a $26 million jury verdict against the Williams Island Property Owners’ Association, which had sought to stop the luxury two-tower development since 2013.
On Tuesday, after a seven-day trial, a jury in Miami-Dade Circuit Court ruled that the association breached a 1982 agreement requiring it not to object or oppose future developments by Cohen on the 84-acre Williams Island. Jurors awarded Cohen and BH3 $26 million in damages according to the verdict form, and there is an additional $8 million in interest the association will also have to pay, said Glen Waldman, the developers’ attorney.
“My clients have been wrongfully attacked from all sides for so long,†Waldman said. “They feel very good that a jury listened to the evidence, got it right and ordered substantial damages against the people who caused harm to the project.â€
Jeffrey T. Foreman, lead lawyer for Williams Island Property Owners’ Association, declined comment. Waldman said he expects the association to appeal.
The developers’ win comes seven months after Miami-Dade Circuit Judge William Thomas, who presided over the case, dealt a significant blow to the association’s complaint and a separate lawsuit filed by the Island Estates Homeowners Association, which represents another group of homeowners. Thomas ruled the statute of limitations had long expired for both associations to challenge a vested rights determination agreement.