That Old Man: Miami River Rocks. By Geniusofdespair

"Captain Beau Payne, owner of the river’s largest tugboat company, credited the Marine Group for bringing to the public’s attention the dangers the Miami River faces from indiscriminate development, and he lauded the attorney who “killed seven with one blow” – a reference to the team of Greenberg Traurig’s seven attorneys who were stood down by one Andrew Dickman, a modern day Jack the giant killer."

Who cares about the Miami River Marine Group winning 2 lawsuits? Really.

Should you care? Should I? Yes people: You should care. This is boring but it is big news!

These are landmark decisions that have implications all over the State of Florida.

To remind you, the State of Florida makes every City and County in Florida write a Comprehensive Master Plan to guide the growth of that entity. It includes everything, transportation, water dependent uses, public access. It is a very inclusive document and fat. These plans are massive -- at least an inch thick.

Many cities and counties change the plans to suit the needs of that next big developer to catch their fancy. Or, worse, cities trample on the objectives of the Comprehensive Master Plans (Comp Plans) without a care in wanton disregard for the future by granting land use changes. That is what Florida Hometown Democracy is trying to stop but that is not our story today.

Well, here on this working river, the judges said: STOP. In fact, they shouted STOP twice! Here is why. In the Comp Plan for the City of Miami one of the objectives the City included was that the Marine Industry needed to be protected on the River. The City, not paying any attention to its own plan, decided to grant land use changes and put condos on the river. Well, guess what, the State of Florida reviews land use changes.

You can’t have people banging on boats while people in condos try to sleep they don’t mix. The city of Miami just figured Condos were a better use I guess but condos would have killed the Marine Industry and the City didn't really care.

The judges sided with the Marine Industry twice which sued based on the plan. Landmark decisions....because now we know we can sue on other parts of the plan that cities/counties don't follow and maybe win!!!!!

Here is the press release which I am now too lazy to read, I am sure it is more accurate than I have been so take their word for it:

PRESS RELEASE (Thursday, August 30, 2007)

Miami River Marine Group and Neighbors Defeat “Coastal on the River” Development

For a second time in the month of August, the Miami River’s marine industry and Durham Park neighborhood claimed a victory in the struggle with the City of Miami’s condo revolution. In a detailed 40-page opinion, the Third District Court of Appeal yesterday reversed the City in its 2006 decision to allow a land use change in the Port of Miami River from Industrial to Restricted Commercial. The Court’s reversal kills prospects for a 633-dwelling unit called Coastal on the River, a development project at 22nd Avenue and the south bank of the Miami River.

The Miami River Marine Group, the Durham Park Neighborhood Association, and Captain Herbert “Beau” Payne filed their law suit against the City and developer (Riverside Investments, LLC) arguing that the land use amendment and development project is contrary to established plans mandating the protection of the Port of Miami River – Florida’s 4th largest port – from incompatible high density developments.

The District Court agreed and ruled that the administrative law judge from the Florida Division of Administrative Hearings “erred by refusing to apply this court’s definition of the Port of Miami River, failed to consider the Port of Miami River Sub-element and critical areas of the Coastal Management and Future Land Use sections of the Comprehensive Plan, failed to consider sections of the River Master Plan, and made findings that were unsupported by the evidence, we reverse.”

Since 2000, the City has approved numerous high rise developments on Industrial riverfront lands despite protests from the marine industry and neighborhoods on the River because that they are damaging the viability of commerce on the River.

The District Court agreed that “…these “small scale” amendments, when viewed together as a whole, are changing the character of the Miami River waterfront without proper long range planning or input from appropriate agencies, departments, and citizen groups.” Captain Beau Payne, owner of the river’s largest tugboat company, credited the Marine Group for bringing to the public’s attention the dangers the Miami River faces from indiscriminate development, and he lauded the attorney who “killed seven with one blow” – a reference to the team of Greenberg Traurig’s seven attorneys who were stood down by one Andrew Dickman, a modern day Jack the giant killer.

The opinion follows a similar opinion rendered by the court on August 8, 2007, just three weeks ago, reversing the City’s approval of the 1,073-dwelling unit Hurricane Cove development located at 18th Avenue on the Miami River.