U.S. Judge Paul L. Friedman ruled neither Miami-Dade County, Homestead Air Base Developers Inc. nor the Miami Building & Construction Trades Council, AFL/CIO, proved either would suffer irreparable harm if the court denied petitions for injunctions in their cases against the U.S. Air Force, federal Department of Defense and the Federal Aviation Administration.
Earlier this year, the USAF declared portions of the 2,900-acre abandoned air base as too environmentally sensitive for redevelopment as a commercial airport. Instead, the USAF offered the county the option of acquiring deed to about 700 acres for mixed-use commercial development.
In response, Homestead Air Base Developers, a private contractor the county selected to redevelop the property into a commercial air base, joined in a lawsuit with the labor union in arguing the USAF violated provisions in the federal Defense Base Closure and Realignment Act and federal administrative rules pertaining to a secondary environmental impact statement.
The county also claimed an action against the federal Department of Interior in its decision to either deed the developable portion of the property to the county or put it up for public sale.
"First, plaintiffs' argument that compliance with an illegal agency decision is per se irreparable harm is unsupported by the case they cite for that proposition," Friedman ruled.
"Even if plaintiffs were correct, the court has concluded that plaintiffs have not demonstrated a likelihood of success on their claims that the challenged agency actions were illegal, thus undercutting any argument that they have been irreparably harmed on this basis."
The judge also put the onus on the county in its claim that the administrative rulings and subsequent legal action could cause substantial damages to the eventual final plan to redevelop the abandoned air base.
"Finally, while there may be some possibility that bidders would be dissuaded from helping the county develop a mixed-use plan during the pendency of the lawsuit, this is a highly speculative possibility," Friedman ruled.
"In fact, there may well be ample numbers of developers willing to get involved despite the lawsuit. Furthermore, to the extent that the litigation has created uncertainty, the county itself has helped create that uncertainty by initiating the litigation."
Want to continue reading?
Become a Free ALM Digital Reader.
Once you are an ALM Digital Member, you’ll receive:
- Breaking commercial real estate news and analysis, on-site and via our newsletters and custom alerts
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical coverage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
Already have an account? Sign In Now
*May exclude premium content© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.