The Clevelander, a historic hotel and entertainment venue on Ocean Drive, has revived its legal battle against the City of Miami Beach. In a second amended complaint filed on August 27th, the Clevelander and its affiliated entities outline twenty counts against the city and expand the claims to include Miami-Dade County, ranging from allegations of illegal road closures to challenges against ordinances aimed at limiting development under Florida’s Live Local Act.
The legal dispute between the Clevelander and Miami Beach authorities dates back to 2021 when the venue first sued the city over restrictions on alcohol sales, noise levels, and the pedestrianization of Ocean Drive. The Clevelander successfully obtained injunctions against the city regarding alcohol and noise claims, arguing these restrictions violated its vested rights under existing permits and zoning regulations. However, the city prevailed in its ability to restrict vehicular traffic on Ocean Drive, maintaining the street as a pedestrian-only zone.
The amended complaint focuses on two main issues: the alleged illegal “partial” closure of Ocean Drive and challenges to the city’s efforts to limit development under the Live Local Act.
The lawsuit takes aim at the current configuration of Ocean Drive, approved and permitted by Miami-Dade County, which has been in place since early 2022. The street now features:
- A single southbound lane for vehicles
- A valet parking lane
- A protected two-way bicycle lane
- A pedestrian promenade between 13th Street and 14th Place
The Clevelander argues that this design violates city and county procedures, as well as property owners’ rights under the original plat dedication of Ocean Drive. They claim the closure has significantly restricted access to its property, leading to a decline in business and revenue.
Additionally, the amended complaint focuses on the Clevelander’s efforts to redevelop its property under Florida’s Live Local Act, which aims to incentivize affordable housing development.
The Clevelander submitted a site plan application in October 2023 to convert its Ocean Drive property into a residential tower with luxury housing on the Clevelander site and affordable housing across the alley on the Essex House site, which shares common ownership.
The lawsuit claims that the city has passed several ordinances specifically designed to prevent developments under the Live Local Act, including:
- A Floor Area Ratio (FAR) ordinance
- A setback and lot aggregation ordinance
- Changes to height regulations
City officials have previously defended their actions as necessary to address public safety concerns and to reshape the character of the area. The city has not yet responded to the latest legal filing.
This morning, Miami-Dade County filed a motion to dismiss the second amended complaint.
The local case number is 2021-011642-CA-01 and will be heard by Judge Beatrice Butchko Sanchez.