Judge Barbara Areces of the 11th Judicial Circuit Court for Miami-Dade County entered a declaratory ruling today that the lease between the City of Miami and Miami Art Museum of Dade County Association, Inc. to construct a world-class art museum near downtown Miami complies with the City’s Charter. Judge Areces rejected efforts by Miami Neighborhoods United and a Miami resident to void the lease and prevent the project.
More than ten years ago, the City began efforts to improve Bicentennial Park, which is located just north of the American Airlines Arena where the Miami Heat play basketball. A comprehensive design for a new “Museum Park” incorporating both an art museum and science museum was developed and approved. As part of the plan, Miami Art Museum would construct and operate a world-class art museum on the site. On December 11, 2008, the City and Miami Art Museum entered into a lease conveying approximately four acres of land next to Biscayne Bay for the new art museum. Construction is currently underway at the site.
Miami Neighborhoods United, representing several Miami neighborhood associations, and a Miami resident filed suit against the City and Miami Art Museum alleging that the lease violated the City’s Charter. The plaintiffs contended that the lease should have been competitively bid and submitted to the voters for approval under Sections 3(f)(iii), 29-A, and 29-B of the Charter. Miami Art Museum argued that because the art museum was part of a government project financed in part by City bonds, the lease was exempted from the competitive bid and voter approval requirements. Notably, no court had ever addressed the construction and application of these Charter provisions. Judge Areces, in a matter of first impression, held that the lease is consistent with the City’s Charter and granted final summary judgment to Miami Art Museum and the City.
WSH Founding Member Joseph H. Serota and Eric P. Hockman obtained the victory for Miami Art Museum.
Author(s): Eric P. Hockman
