Privé developers win another victory in ongoing litigation with neighbors

Miami Federal Judge Robert Scola Jr. granted summary judgment in favor of project builders Gary Cohen, Daniel Lebensohn, BH3 and five related companies last week, related to allegations of wrongful prosecution and defamation.

Dara and David Clarke, a pair of residents who sued the developers and the city of Aventura in Miami-Dade Circuit Court over the construction of a sidewalk near their home, had filed a separate federal lawsuit against Cohen, Lebensohn, BH3 and the five entities for malicious prosecution, negligent reporting to the police and defamation. Lawyers for the Clarkes and the developers did not respond to requests for comment.
Last month, a Miami-Dade jury awarded a $26 million verdict to Cohen and BH3 in a lawsuit brought against the developers by the Williams Island Property Owners’ Association, which along with the Island Estates Homeowners Association, has sought to stop the luxury two-tower development since 2013.

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