final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, William
Thomas, Judge. Lower Tribunal No. 17-13687
& Kravetz, LLP, and Samuel J. Dubbin, P.A.; Carlton
Fields Jorden Burt, P.A., and Richard J. Ovelmen, Justin S.
Wales and Dorothy C. Kafka, for appellants.
Victoria Méndez, City Attorney, and Christopher A.
Green, Senior Assistant City Attorney, and John A. Greco,
Deputy City Attorney; Stearns Weaver Miller Weissler Alhadeff
& Sitterson, P.A., and Eugene E. Stearns, Maria A.
Fehretdinov, Jason S. Koslowe, and David T. Coulter, for
EMAS, C.J., and LINDSEY and MILLER, JJ.
Francine Liebman ("Liebman"), Jorge Mursuli
("Mursuli"), Daniel Suarez ("Suarez"),
and Willy Bermello ("Bermello") (collectively,
"appellants") filed suit seeking declaratory and
injunctive relief against the City of Miami ("the
City"). Appellants challenged Flagstone Island Gardens,
LLC's ("Flagstone") mixed-use development on
City-owned property, on the basis that the underlying lease
agreements violated provisions of the City of Miami Charter.
Flagstone later intervened in the action, and the City and
Flagstone moved to dismiss for lack of standing. In the
instant appeal, appellants seek review of the trial
court's order dismissing the second amended complaint for
lack of standing. For the reasons that follow, we affirm.
AND PROCEDURAL HISTORY
February 2001, the City issued a request for proposals for a
mixed-use development of City-owned property on Watson
Island. Flagstone was the successful bidder on the project.
Voters later approved Flagstone's proposal, as required
by the City Charter, and the City and Flagstone then executed
an Agreement to Enter Ground Lease, to be effective January
however, Flagstone was unable to secure financing or commence
the project. As a result, the City passed Resolution 10-0402,
authorizing execution of an Amended and Restated Amended
Agreement to Enter Ground Lease ("Amended Lease").
The Amended Lease allowed Flagstone to develop the site in
phases rather than as an integrated development project.
2011 to 2014, the City passed a series of resolutions
purporting to reaffirm and ratify the changes adopted in
Resolution 10-0402 and to provide new deadlines,
modifications, and consents to the development project. The
City did not obtain new appraisals or adjust the minimum
annual guaranteed base rent to conform to fair market value
in 2010 or thereafter.
30, 2014, the City and Flagstone entered into an Amended and
Restated Ground Lease for the Marina Component of the Project
("Marina Lease") and nearly two years later, in
August 2016, the parties entered into an Amended and Restated
Ground Lease for the Retail/Parking Component
("Retail/Parking Lease"). However, Flagstone failed
to commence construction of the Retail/Parking component by
the agreed-upon deadline.
8, 2017, City residents Liebman, Mursuli, and Suarez sued the
City, alleging that the City violated sections 3(f)(iii)(b),
29-A, 29-B, and 29-C of the City Charter when it amended and
re-enacted amendments to the Flagstone project and entered
into the Marina Lease and Retail/Parking Lease. The second
amended complaint ("Complaint") added Bermello (who
is not a City resident) as a plaintiff. Bermello was a
principal and the president of an entity that was an equity