More litigation likely over Coconut Grove Playhouse

The long and winding legal road to restore the Coconut Grove Playhouse is expected to take another turn as Miami-Dade County tries to appeal the City of Miami zoning board’s decision to deny its request for a demolition permit.

After the City of Miami’s Planning, Zoning and Appeals Board granted an appeal filed by Coconut Grove residents to deny the county’s demotion waiver in April 2023, the county requested the 11th Judicial Circuit Appellate Division hear the case. Regardless of the outcome, attorney David Winker who represents the residents anticipates the case will go to the Third District Court of Appeals.

At the end of August 2022, 14 Coconut Grove residents represented by Mr. Winker filed a complaint seeking a declaration that the county acted unconstitutionally and outside its statutory powers as well as an injunction prohibiting the county from using bond funds for its demolition plans.

According to the lawsuit filing, on Nov. 2, 2004, the county’s voters approved a ballot measure for a bond issue to fund the reconstruction of the Coconut Grove Playhouse to restore its structural integrity and add to its performance and educational capabilities.

The county sought to use the $23.6 million of voter-approved bond money to demolish about 80% of the Coconut Grove Playhouse. The county’s plan would reduce seating from 1,130 seats to 300 and replace 60% of the performance space with leased commercial space.

In October 2022, the county applied to the City of Miami for a waiver to permit minor deviations from the zoning code to allow for demolition within the neighborhood conservation district where the playhouse sits. The city granted the waiver with conditions in January 2023.

Mr. Winker filed to appeal the zoning board’s decision on Feb. 10, 2023, on behalf of two neighbors whose properties abut the playhouse.

The appeal contended that the decision was void due to existing code violations and liens on the playhouse property. According to Miami’s zoning code, the city is prohibited from issuing a waiver approval if the property is subject to ongoing code enforcement, which the playhouse site was.

The board ultimately granted the appeal and rendered a final decision denying the county’s demolition waiver request on April 10, 2023.

However, a month later in May, Miami-Dade County appealed to the 11th Judicial Circuit seeking to quash board’s decision.

In its arguments, the county stated that the board applied the incorrect law and made a decision unsupported by substantial competent evidence and violated due process.

In response, Mr. Winker in August 2023 filed a motion to dismiss the county’s appeal that contends the county bypassed the appropriate appeal to the city commission as required by Miami’s zoning code.

The court denied the motion to dismiss two weeks later.

The county made a motion to hear oral arguments in September 2023, but the court denied the request.

Now, the case is awaiting the decision of a three-judge panel. Merits of the case won’t be reviewed in court, so the parties or their attorneys need not attend.

Mr. Winker said he expects that case to be closed this summer or fall but anticipates it will be appealed to yet another court. “I want to be clear, then after that, the decision will be appealed to the Third District Court of Appeals. There will be another level, win or lose,” he said.