Judge Issues Amended Ruling Further Paving the Way for Apeiron at The Jockey Club

Judge Issues Amended Ruling Further Paving the Way for Apeiron at The Jockey Club

Last week, Circuit Court Judge John W. Thornton issued an amended final order in the lawsuits that were filed against the proposed project, Apeiron at the Jockey Club, by the boards of Jockey I and Jockey II. From the outset, Apeiron has felt there is far more to be gained by all of parties seeking compromise and common ground, rather than pursuing extreme agendas and costly lawsuits that yield little for the parties involved, other than leaving them with massive legal bills.

We also believe that all Jockey Club residents have the right to know about these and any decisions that a ect their community, so below for your information are some of the key takeaways from Judge Thornton’s ruling, as reported by leading national legal publication Law360 earlier this week.

Miami Developer Prevails In Condo Owners’ Challenge

By Sophia Morris; Law360, New York (July 11, 2017, 6:40 PM EDT)

“Circuit Court Judge John Thornton, ruling on July 5, amended an earlier order in which he gave Aperion Miami LLC permission to develop the 14 acres it owns. In the amended order, the court found that a 1995 agreement on easements could not be used by the condo owners to block the development.”

“The order suspends the condo owners’ easement rights, meaning that Apeiron does not have to get the residents’ approval for their development — something that had been required under the initial ruling. It also clarified that the complex’s tennis courts are part of the common land and can be developed.”

Link to article

 

Below are some direct excerpts from Judge Thornton’s July 5th amended final order:

Common Areas:

“The Court has determined Apeiron may recommence site maintenance of its Property, including the ‘Common Areas,’ at any time and Apeiron has so notified the Plainti s. Thus, JCMA is no longer entitled or authorized to continue to maintain the ‘Common Areas’ owned by Apeiron.”

“Apeiron has the right not only to develop, but to recommence its site maintenance of the the Common Areas, which includes provision of the Common Services.”

Pool Easements:

“Apeiron’s proposed development, including building each of the Plainti Associations a new pool, does not negatively a ect or impact any rights claimed by Plainti s via the 1995 Pool Easements. Those rights will be significantly enhanced by making the current use rights exclusive or granting them ownership, which Jockey II’s representative testified was the Associations’ original desire.”

You can read a complete copy of the Court’s amended final order here.

Notwithstanding the Court’s recent amended final order, Apeiron will continue to work thoughtfully, openly and in good faith with the Jockey I and Jockey II associations to find resolutions that are acceptable to all parties.

As always, we will keep Jockey Club residents informed of all of our e orts and progress.

For more information about Apeiron at the Jockey Club, please visit us at the Tennis Pro Shop or at pm@apeironmiami.com/ 305-742-1891.