Miami-Dade Expressway Authority gains in court fight with state

The Miami-Dade Expressway Authority (MDX) just won two court rulings in its dispute over operations and control of five tolled expressways within the county against the state-created Greater Miami Expressway Agency (GMX).

Judge William Thomas of the Eleventh Judicial Circuit of Florida denied a motion to dismiss the claim that MDX made against GMX that it has ownership, control, and title to the $4 billion in assets it operates. He also recognized Miami-Dade County as a necessary party in the litigation.

But the judge denied the authority’s motion for preliminary injunction that would keep the status quo while courts make a final decision in the case. A 20-minute hearing is still scheduled Jan. 18.

Jason Gonzalez of Shutts & Bowen LLP, representing GMX and its board members, argued in previous hearings and documents that MDX should either bring the Florida Department of Transportation (FDOT) to the case or drop it, as FDOT “is an indispensable party.”

Nonetheless, Judge Thomas found that FDOT is not an indispensable party and has no remaining interests in the rights it conveyed to MDX. Also, he wrote that the agreement in which the department transferred the rights to MDX to maintain and operate the expressways within the county has no right of reversion that would give a basis to recognize FDOT as a party.

Mr. Gonzalez also argued that MDX lacked standing under the public official standing doctrine. But Judge Thomas found that MDX’s claims against GMX do not involve a constitutional challenge to the validity of a state statute; instead, the authority is looking for a court decision that would indicate MDX owns the expressways.

GMX’s defense argues that MDX lacks legal capacity to maintain a lawsuit because it was dissolved July 3, 2019. But Judge Thomas noted that a Home Rule Amendment prohibits the Legislature from enacting bills that apply only to Miami-Dade County, and that the county can declare a bill to be unconstitutional and invalid, as it did in a May 2021 ordinance.

“The Miami-Dade County ordinance has not been challenged in any court,” Judge Thomas wrote.

The judge also recognized Miami-Dade as a necessary party in the case, as he referred to the Florida Statutes, marking the second win for MDX.
MDX sought a temporary injunction to preserve the status quo and prevent GMX from taking further actions in “derogation” of MDX’s rights, but Judge Thomas denied the motion, finding MDX didn’t meet two requirements.

MDX “cannot demonstrate an irreparable harm in the absence of an injunction,” he wrote, noting that MDX’s injury is financial and can be remedied by a monetary judgment. “It is the finding of this court that MDX is essentially seeking an injunction to stop the redirection of toll revenue to GMX,” the judge wrote.

The judge said MDX has an adequate remedy as, if it succeeds in establishing entitlement to operation and control of the expressways, it would be entitled to monetary damages and thus “has an adequate remedy at law”.

But Judge Thomas did find that MDX met two other requirements. “It is the opinion of this court that MDX has a substantial likelihood of success on the merits in the instant action,” Judge Thomas wrote. He also wrote that it is in the public interest that the expressways be operated and maintained in an undisrupted and safe manner.