My lawyer can beat up your lawyer

LawyerTrying to get some new development in the City of North Miami Beach is harder than getting a starring role in a Broadway play.  It seems that any time a project is even contemplated, the usual suspects line up to threaten and/or file a lawsuit in order to stop anything from getting built.  The project formerly known as Marina Grande, now known as Marina Palms, has had its share of legal troubles from the very first blueprint in 2004.  Here it is nine years later and it looks like we’re finally getting what will hopefully be the first of many top-notch projects to class up our dreary little city.  And first class it will be!  Residents should be excited that North Miami Beach will finally be on the map and out of the shadows of Aventura.

Next up is a project called Braha Dixie, which is to be located at 17400 West Dixie Highway.  As expected, a lawsuit was just filed to try to stop the ten story project from being built.  The Petitioners, Errol Avery, Charles M. Baron, Shelly Clay and an ex-councilman Robert Taylor, sued the City of North Miami Beach in an attempt to stop the developers from going forward.  One of the Petitioners, Charles M. Baron, also happens to be the attorney of record who filed the lawsuit.  The lawsuit claims that the project will cause great harm to nearby Greynolds Park, and managed to get Channel 10’s Glenna Milberg to do a story on the affair, replete with video of “trees, birds, sky, bikers, hikers…and wild mangroves.”  There is also a Facebook Page called Save Greynolds Park, which shows a picture of the skyline from the “view of lagoon from historic boathouse,” claiming that “the proposed commercial towers would loom on the right” if the dreaded condominium does get built.

Lawsuit

Only one problem.  The proposed Braha Dixie will be located well to the south and east of the Boathouse and will most likely not be seen from that site.

Proposed Development
Proposed Braha Dixie Site, 17400 West Dixie Highway

Of the four petitioners, Shelly Clay doesn’t live in or anywhere near North Miami Beach, or in Miami-Dade County for that matter that I can tell.  And while Errol Alvey claims to live at 2375 NE 173 Street, North Miami Beach, Florida, which is located one block to the south and west of Braha Dixie…

2375 NE 173 Street Map
2375 NE 173 Street

…it would appear that he’s more concerned about a ten story project being built so close to his apartment building than he is about Greynolds Park.

2375 NE 173 Street
2375 NE 173 Street, Street View

We already know that good old Robert Taylor lives at 1951 NE 157 Street, and nowhere near Greynolds Park.  But that fact certainly didn’t stop him from putting his two cents in.

Robert Taylor House
1951 NE 157 Street

In another irony, Charles M. Baron happens to live just north of Greynolds Park in an seven story condominium called Greynolds Park Condominium Club, which is actually much closer to the “sacred” Boathouse than the proposed Braha Dixie.  I call that “hypocrisy.”

Greynolds Park Club Condominium Map
17890 West Dixie Highway

Ironically, as close in proximity as it is to the heart of the park, the Greynolds Park Club Condominium doesn’t appear to bother park goers in the least.

Greynolds Park Club Condominium
Greynolds Park Club Condominium, Street View

In a side note, Charles M. Baron doesn’t even live in North Miami Beach, but that certainly doesn’t stop him from trying to tell us how to run our city.  Just saying.

The proposed Braha Dixie will be located on a main highway, just down the street from a six story apartment complex located at 16800 West Dixie Highway, and just over the train tracks from Biscayne Boulevard, where there is a plethora of development.

As far as I can tell, a ten story development, which will include a hotel, office space and retail stores, will in no way affect the serene beauty of Greynolds Park, and will only help North Miami Beach’s image and economic outlook.

Let’s take a look at other parks around the country and see how development has affected their serene beauty.  Skyscrapers looming in the background don’t mar the beauty of this gorgeous park in Denver, Colorado.

Park in Denver Colorado

Attendees at Delores Park don’t exactly seem bothered by the view of the San Francisco skyline.

Delores Park San Francisco

The spectacular beauty of the Royal Botanical Gardens co-exist splendidly with the view of downtown Sydney, Australia.

Royal Botanical Gardens Sydney Australia

Then there’s the most famous park in the world, Central Park in New York City, which is the most serene stretch of greenery in the country and completely surrounded by the highest high rises in the Northern Hemisphere.  Those buildings certainly don’t discourage NYC residents from enjoying the park’s beauty.

Central Park New York City

Closer to home, beach goers at Key Biscayne don’t even notice the condominium buildings lining the stretch of sun-bleached white sand.

Bill Baggs State Park Beach

If Mr. Charles Baron’s seven story condominium, which is just to the north of the Greynolds Park Boathouse isn’t a concern to the patrons of the park, surely a ten story complex further to the south, outside the main entrance to the park shouldn’t even be a blip on their radar.  As a matter of fact, in terms of pure distance as the crow flies, Mr. Baron’s condominium is approximately 1,000 feet from the Boathouse, or the equivalent of three and one third football fields, while the proposed Braha Dixie is 1,600 feet away – an additional two football fields away.

(A) Greynolds Park Club Condominium (B) Proposed Braha Dixie
(A) Greynolds Park Club Condominium
(B) Proposed Braha Dixie

Methinks there’s a lot more to the story than simply “ruining” the natural beauty of Greynolds Park.  Especially when one of the Petitioners is Robert Taylor, who has already earned the reputation of being one of the most anti-development residents in North Miami Beach.

As it stands now, we should be lucky any developer at all is considering building anything at all of quality in our city.  Even with all the fraud and corruption going on in our sister city to the south, North Miami, developers are falling all over each other to build there.  What’s stopping progress in North Miami Beach is its reputation for incompetent management and pain in the ass litigation filed by people who just don’t want any development whatsoever.  Ironically, those people are the first to scream about crime in our in our city.  What they don’t seem to get is that development brings new revenue, and new revenue brings more money for additional police protection, among other things.  No city can afford all the creature comforts of the idyllic life people demand without the ability of bringing in new revenue.  Duh!

If North Miami Beach doesn’t start welcoming quality development, easing the burdens for new businesses and encouraging responsible economic growth, the taxpaying residents might as well put out For Sale signs and get the hell out of dodge.

As it stands now, the devastating combination of (a) no cohesive building code or enforcement, (b) the dismantling of our police department, (c) the proliferation of third rate businesses (especially those Asian “massage” establishments, tattoo parlors, pawn shops, and the like) and (d) rundown apartment buildings-slash-crack houses, it’s a freaking miracle that anyone still lives here.  It’s even a bigger miracle that more criminals haven’t already moved in.

Upscale development in a city also increases the value of surrounding properties, making it that much more difficult for criminals to call a place home.  It stands to reason that if you discourage criminals from hanging their hats here, we’d have less crime.  I’m just saying.

In any event, if there’s ever a chance for North Miami Beach to make some forward progress in this county, we must get some new development here, and it must be done as soon as possible.  If these projects don’t get off the ground, and new ones don’t follow, we’ll be having this same discussion ten years from now.  Only by then crime will be even worse and our city will be even shabbier than it is now.  And that’s almost impossible to imagine!

Stephanie Kienzle
“Spreading the Wealth”

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30 thoughts on “My lawyer can beat up your lawyer

  1. I’d wonder specifically about any impact a structure of that height would have on the availability of light in the SE part of the park.
    The previous structure was a tall two stories at its highest. but only one story tall in the area immediately next to the park.
    A better astronomer than me would have to weigh in on that, but that’s my first concern.
    In the area adjacent to the proposal are some large trees which were not adversely affected previously.

    1. Prem, the proposed location is outside the extreme southeast corner of the park and it appears there are very tall trees bordering the park at that spot. Here is a satellite image of the area: https://maps.google.com/maps?hl=en&ie=UTF-8&q=greynolds+park&fb=1&gl=us&hq=greynolds+park&cid=0,0,10687928524661577968&ei=TUk1Ud_QAoK88wSAuYDIBg&sqi=2&ved=0CLoBEPwSMAM

      I’d have to drive by the park to make a determination, but the image does appear to support this.

    2. You can also note that directly to the east of the proposed Braha Dixie is the site of the proposed Marina Palms. Interestingly, the individuals who oppose Marina Palms are also against Braha Dixie. Just to the east of both projects is Maule Lake, across which is the area known as Eastern Shores. Anyone in Eastern Shores who owns a home on the east side of Maule Lake would necessarily oppose any project that would obscure a clear view of the west, and that would include any buildings taller than a story or two. I’m just saying…

  2. Editor’s Note: This comment was temporarily removed pending receipt of irrefutable proof that it has been verified. Should such proof exist, it will be republished. Should there be none, it will be removed permanently.

    1. Get OUT! For real? Do you know where I can get a copy of this record? That would be PRICELESS!

      BTW, only one of my readers noticed that I spelled “lawyer” wrong. Senior, blonde moment is all I have to explain that one. The reader gets brownie points. I get to go fix it before anyone else notices. 🙂

    2. Don’t I get my comment back? Other than the “on the record” bit, it was all basically true!

  3. Dear Voters Opinion Lady, I agree with these protesters. I don’t want to look at no stinkin’ buildings when I’m trolling the park. Why, I remember back in 1965 when North Miami Beach was the place to be. If it was good enough back then, it’s damned well good enough now. Who cares if Aventura and North Miami siphon off most of our business. It only cost us revenue. If you build it, they will come and I don’t want them.. I’m old and my children are gone. Future of NMB? Who cares? Not me! Listen here, Ms Smarty Pants!.We don’t need no more stinkin’ businesses with their filthy lucre and respectable jobs. Just stop your whining and don’t look a gift Asian massage parlor in the mouth! :

    1. You’re so right, Mr. Codger. We don’t need no stinkin’ revenue. Let NMB continue to rot and be overrun with gangs and other criminals. In fact, why don’t we just disband the PD and the entire local government? Let the parks go to seed – it won’t matter anyway since we already have homeless drug addicts camping out there and peeing on the baseball diamonds when the sun goes down. Let the garbage pile up in the alleys and padlock the swimming pools since we don’t need no stinkin’ recreation. Lay out the welcome mat for Asian whorehouses, XXX video stores, palm readers, pawn shops and let the crack hoes and dey pimps take over the streets. Who gives a shit anyway? I plan on moving out as soon as I can find a sucker to buy my shack anyway. In fact, you don’t need this stinkin’ blog, either. Give Myron back his seat and invite Andre Pierre to help him run this lawless hole in the wall.

      Thanks for the dose of reality.

  4. Stephanie –
    Change your banner to say “I lie”.
    Your facts and statements are incorrect.
    Mr Alvey lives on the property immediately adjacent to the proposed development, not a block away. His entire building, immediately east of the property would be in the shade of the high rises most of the afternoon.
    If the development was less than 5 stories, and cover less of the land then it would not have a major impact on Greynolds. When a 130 foot story complex – two to 3 towers are proposed! – those structures will impact the most critical vista within the park, from the boathouse.
    Construction of monsterously tall hotel and office space is not going to transform a whole city into a magical economically strong city either, especially at the proposed location – hidden from major thoroughfares.
    This type of development belongs on a multi-lane road, not a 2 lane road that cannot be widen to accomodate the traffic it will bring, if it does attract customers…
    It IS important to preserve places like Greynolds Park and keep it from looking like those parks with those ugly views of high rises. And one does not have to live immediately next to the park or within the boundaries of North Miami Beach to object to inappropriate development.
    Read about a proposed high rise project that almost was built near Vizcaya. Thank goodness many citizens worked against that project. Citizens in the NMB will work just as diligently to do the same.
    Find an appropriate location for this hotel/office complex on 163 st or Biscayne Blvd where it belongs.

    1. Nothing quite says, “I would love to have a meaningful discussion and an intelligent debate with you” than by starting out a conversation with, “You’re a liar.”

      Because you haven’t quite mastered the art of civil conversation with an actual human being, I will react in kind with, “You’re an idiot.”

      Thank you for sharing. Please come again.

    2. Here’s the problem: According to the anti-development taliban, there is NO appropriate location for ANY building ANYWHERE in North Miami Beach! These time travelers from (a couple of) centuries ago think we are (still) a monolithic, pure-white bedroom community with no external pressures or internal turmoil. They think we will magically become the most desirable place in South Florida because we never developed; ask Opa Loka how that’s working out for them. We are WAY past “vistas” here in Miami-Dade County, your romantic image of NMB is just that: An image, and a mistaken one at that. And your “hero” attorney did make the threat, and I’m sure Stephanie will dig it up sooner or later…

  5. STEPHANIE, ❗
    THIS BLOG, WHICH WAS JUST BROUGHT TO MY ATTENTION, CONTAINS FALSE, DEFAMATORY STATEMENTS ABOUT ME FROM THE ANONYMOUS “HIRE ME OR ELSE…” WRITER. You have several other false statements that are within your freedom of speech to make; hHowever, you do NOT have the freedom to make/publish false statements that constitute defamation of character. Please remove such statements, and call me at 305-933-9292 to briefly discuss amicably. Thanks!

    Charles M. Baron, Esq.

    1. I have alerted the writer dubbed “hire me or else” so that he may address your concerns.

      Please advise what “false statements that constitute defamation of character” that I have made and, if such is the case, I will consider removal and/or retraction.

        1. Why don’t we take this to the Miami-Dade Commission on Ethics and Public Trust and ask Let ‘Em Go Joe for his official opinion?

  6. Stephanie,
    Thanks for promptly removing the defamatory comment from “Hire me or else…”, whom you indicated does not wish to be identified. In our pleasant phone conversation,
    I discussed with you that, as the moderator of this blog with total control of whether a post appears not, I believe that you are legally responsible for false defamatory comments when you are made aware that they are false.

    I would add that, to protect yourself, it would be best not to allow such posts unless and until you have proof from someone who is willing to identify him/herself and take full responsibility for the statement.

    Also, clarified for you that it was “Hire’s” comment that was defamatory, which you let on the board, rather than your own comments being defamatory.

    We also discussed that some of your own comments that I say are false, to you are a matter of pure opinion, and therefore, to you, there is no truth or falsity involved. For example, you indicate that 10-story towers immediately adjacent to the park will “most likely” not be visible from the boathouse. This issue is matter of logic – but if you wish to characterize it as opinion, so be it.

    The developer’s local rep, Tommy Kertesz of Weston, in 2010 indicated that a balloon study would be conducted to determine the view from the boathouse. It was never done, and when I asked why, he replied, “Because I didn’t think you would like the results.”

    I challenge “Hire me or else…” to reveal his and “his source’s” identities. What lowly tactics! And how ’bout the rest of you? You’re afraid to put your real names behind your comments?

    I would be happy to answer anyone’s questions about the pending lawsuit – call me at 305-933-9292.
    -CMB “Seeking Justice” 😎

    1. I spoke with Mr. Tommy Kertesz, who represents the developer. He advised me of the following:

      1. He was not associated with the project in 2010 as Mr. Baron claimed, which was, in his opinion, poorly planned and ultimately aborted. The project actually began in 2008.

      2. He said he first spoke to you in late 2011 by telephone.

      3. He met with you and Robert Taylor for the first time in the summer of 2012.

      4. He said he never offered to perform a balloon study.

      5. He had offered you a position as a “consultant” on the project, and claims that you were happy to do so; however, he subsequently changed his mind and decided not to hire you.

      6. He claims you told him (and I am paraphrasing) that you had a “wall of trophies signifying every time you have sued a developer and won.”

      7. He also told me he spent between $4,000.00 and $5,000.00 to clean up the property at the suggestion of you and Robert Taylor, despite the fact that the City did not cite him for any violations. He claims that even after the property was so improved, you and Mr. Taylor told him that no matter what, you would fight against any proposed zoning (or re-zoning).

      Mr. Kertesz offered to provide me with copies of any and all documentation, including transcripts, pertaining to the Braha Dixie project, and that his lawyers would cooperate with me fully if I needed any information at all.

  7. The Yellow Baron was not that defamed after all. Apparently there was indeed a chance of a job he would have happily accepted but to his dismay was later retracted, and he is indeed suing the developer and anyone else he can, including a threat to the city a couple of council meetings back. I suppose it’s just a matter of semantics, but “Hire me or else’s” comment is basically correct. Anyway, don’t you have to have some level of fame in order to be de-famed? Maybe he thinks his “wall of trophies” counts as a claim to fame. This man is as transparent as he is thin-skinned, it is so obvious that his concern is for the view out of his balcony, not out of the boat house. If he thinks this blog is bad he must not get out in the internet much. This blog is one of the most civilized, most productive exchanges of ideas in South Florida, and if it wasn’t for the protection of the anonymity it offers, many terrible things would have gone unknown and unstopped. Many good things are achieved through anonymity, and the “rest of us” feel this blog is the premier example of that.

  8. Unlike the Miami Herald, I allow readers to post comments anonymously. Many do so for various reasons, including but not limited, to avoid getting fired. I respect their wishes. And even though I’m not a “real” journalist, I also make it my policy to NEVER reveal my sources. Under ANY circumstances!

    People may not like my opinion (where’s that rat’s ass I could give?), but I never intentionally publish anything that is patently untrue. Anyone who knows me also knows that if I am proven wrong about anything, I immediately correct my mistake, retract any erroneous statements and apologize profusely. I don’t, however, apologize for being a bitch. Unless, of course, you happen to catch me on a bad day and don’t deserve to be bitched at. In that case, I’ll humbly beg your forgiveness.

  9. I really need a job, not a full time job, mind you. How about this, I can float up in that balloon to help conduct studies. I’ll bring sandwiches…toasted (which is what they’ll be if they don’t hire me) 😆 Just joshing. Mr. Baron makes suing people for a living seem like so much fun! I can hardly wait to get started.

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