Miami-Dade County lists seven reasons why the latest legal salvo by preservationists should be tossed. Reason #6: The lawsuit is “confusing and internally inconsistent.”
Miami-Dade County fired back at its critics last week with a motion to dismiss the latest lawsuit that seeks to block its much-maligned plan to revive the Coconut Grove Playhouse as a smaller theater with adjacent parking, retail shops and restaurants.
In seeking to dismiss what the motion describes as “the latest in a series of challenges,” the county notes that its plans have been tested – and upheld – in court before.
“The County was ultimately successful in each of those appeals, including three times before the Third District Court of Appeal,” the motion to dismiss states.
This time around, preservationists are asking a circuit court judge to halt the project, saying the county failed to win final approval for its playhouse plan from the city, and failed to submit that plan to state officials for review.
Critics are also challenging the county’s use of bond money to fund the project.
The county contends the city did in fact approve the county’s playhouse plan, and that the state review called for by critics isn’t required. As for the bond money, the county says its too late for opponents to object to funding approved by voters in 2004.
The fight over the fate of the playhouse has dragged on for years. Opponents have gone to court repeatedly to challenge the county’s plan but with little success.
When the project finally got underway in April, construction workers blundered by removing a load-bearing wall, which in turn led to the partial collapse of the building’s third floor – halting work and fueling fears about the state of the 99-year-old playhouse.
Demolition work resumed after the building was stabilized, but concerns about the county’s competence – and its intentions – were magnified.
The county’s response to its critics’ latest legal challenge gives Miami-Dade Circuit Judge Mavel Ruiz a menu of reasons to dismiss the complaint:
The plaintiffs lack standing; their lawsuit is “confusing and internally inconsistent;” they chose the wrong venue to challenge the demolition permit; they failed to sue the contractor who is performing the work; and they are seeking to enjoin an action that has already occurred (the issuance of the demolition permit).
The county hopes to reopen the playhouse in 2027 – in time to celebrate the 100th anniversary of its opening – but work has been delayed and opponents aren’t giving up.
The 1926 playhouse closed in 2006 amid financial difficulties and has been shuttered since. Preservationists want to restore the entire playhouse, including its 1,100-seat auditorium, but county officials say a theater that large would fail economically, while creating a traffic nightmare in a neighborhood already choked with cars.
The county plans instead to restore the playhouse’s distinctive front building at 3500 Main Highway and replace the auditorium behind it with a new 300-seat theater, to be run by GableStage in partnership with Florida International University. The county plan also includes a new parking garage and commercial spaces with shops and restaurants.
If the county fails to get the latest lawsuit dismissed, playhouse fans – including those who embrace the county’s blueprint and those who don’t – can expect the fight to fester.
The lawsuit, if it stands, isn’t scheduled to go to trial until June 10, 2026.
While everyone wants to see theater return to the Grove, the county’s plan would demolish three-quarters of the Coconut Grove Playhouse – one of Miami’s oldest, nationally recognized, historically designated structures.
Furthermore, the County’s plan would replace the Playhouse with a small glass-and-concrete theater, surrounded by a mini-mall with shops, bars and restaurants spilling into the residential areas of historic Village West / Little Bahamas.
The truth is that this is a publicly owned, civic-zoned property. It should be restored as a theater and civic space – not a shopping mall.
Voters are tired of their public resources being sacrificed to serve developers’ interests. City Commissioner Pardo and County Commissioner Regalado should listen to their constituents’ concerns and formulate a plan that respects the history and integrity of one of Miami’s oldest communities.
These are difficult decisions, but congratulations to David Winker and others fighting for the preservation of Miami’s beautiful, historic neighborhoods