Local preservationists who oppose Miami-Dade County’s plan to revive the historic playhouse as a smaller theater with shops, restaurants and parking lost another round in court this week when a judge dismissed their lawsuit against the county.
A Miami-Dade Circuit Court judge has dismissed the lawsuit that preservationists filed last year in a last-ditch effort to block the demolition, renovation, and reconstruction of the landmark Coconut Grove Playhouse on Main Highway.
Circuit Court Judge Mavel Ruiz dismissed the lawsuit this week with prejudice, meaning the litigation cannot be amended and refiled.
The judge’s ruling removes one of the last remaining hurdles standing between Miami-Dade County and its goal of reopening the playhouse as a 300-seat venue with a resident theater company in 2027 – the 100th anniversary of the original playhouse.
In pursuit of that plan, the county is scheduled to appear next week before the City of Miami’s Planning, Zoning and Appeals Board to seek a series of zoning “exceptions” so the project can be completed as planned.
A notice of the April 15 hearing, posted outside the playhouse, has already sparked controversy, however, with neighbors complaining that the county had failed to engage with them to discuss their concerns about final design plans.
“This came as a surprise to us,” Preserve the West Grove board member Anthony Vinciguerra wrote to Miami-Dade Mayor Daniella Levine Cava on Saturday.
“The County’s representatives were well aware of our deep concerns about this matter, and our interest in being involved as the plans for the Playhouse evolved. Despite this, and despite multiple attempts to engage the County on the matter, we have received no notice, or further engagement on the issue, since last fall.”
Read more: Playhouse Neighbors Fear Loss of Their Community
Vinciguerra asked the county to share an updated project proposal and to defer next week’s hearing so that neighbors living within 500 feet of the playhouse could review and discuss those plans.
“Despite years of neglect, we hope that the County, and City, will see the redevelopment of the Playhouse parcel as an opportunity to engage the adjacent Village West residents, and create a Playhouse that truly unifies, and benefits, the entire community,” he wrote.
While Preserve the West Grove has sought to engage the county, preservationists were seeking to halt the project – and prevent the demolition of the playhouse’s 1,100-seat auditorium – by challenging the county’s source of funding, and by insisting that the project had not been properly vetted and approved.
Read more: Opponents Head Back to Court to Block Playhouse Plan
The county went forward with the demolition, while contesting the latest lawsuit brought by preservationists in court.
The legal battle over the fate of the playhouse – between preservationists who want to restore the 1927 theater to its former glory and those who say the county’s plan is more economically viable – has left the landmark in limbo for 20 years. The playhouse abruptly closed in 2006 amid financial difficulties.
In asking the court to dismiss the lawsuit, the county argued opponents lacked standing; their lawsuit was “confusing and internally inconsistent;” they chose the wrong venue to challenge the demolition permit; they failed to sue the contractor on the job; and they sought to stop something that had already occurred (the issuance of the permit).
Read more: County Moves to Dismiss Playhouse Lawsuit
Ruiz sided with the county on all the major points.
“The court must dismiss this case because it lacks subject matter jurisdiction, the claims are barred by the statute of limitations, Plaintiffs failed to exhaust their administrative remedies, and they lack standing, among other reasons,” the judge wrote in an 18-page ruling.
Those deficiencies can not be fixed by amending the complaint, the judge ruled.
“Accordingly, the complaint is dismissed with prejudice,” she wrote.
Attorney David Winker, who brought the lawsuit on behalf of residents who oppose the county’s plan, said he will ask for a rehearing in the case, and then file an appeal, if the rehearing isn’t granted.
“We believe we should be able to amend the complaint” and refile the lawsuit, he said.
A spokeswoman for the county’s Department of Cultural Affairs, which is managing the project, provided the following statement in response to a request for comment on the judge’s decision and an update on project plans.
“The work on Phase 1 of the project continues with the structure being stabilized in a way that protects its integrity and the rehabilitation of the Historic Gateway Building. The County has also completed asbestos abatement and carefully removed and preserved historic architectural elements for future incorporation into the new building.
“The project is now preparing for Phase II, requiring the upcoming hearing with the Planning, Zoning and Appeals Board (PZAB) on April 15, 2026. The PZAB application that was previously approved in 2018 has since expired and the requested tolling (editor’s note: an extension in time) was not granted. Phase II of the project will include the rehabilitation of the historic Gateway Building, construction of the new theater and parking garage.
The most recent litigation was fully dismissed on Tuesday, April 7, 2026. The County remains steadfast in its commitment to honor this historic landmark and return live theater to the heart of Coconut Grove.”
Editor’s note: This story has been updated to include additional detail from Preserve the West Grove’s letter to the county.
Move Coconut Grove Playhouse to City Hall when City Hall moves out of the space. Do something else with Coconut Grove Playhouse.