Judge says lawsuit against Coral Gables Wawa deal is ‘important,’ good to go

A group of parents and Gables residents suing the city to stop the construction of a Wawa on Grand Avenue had their first hearing Friday — and got their first victory of sorts.

Miami-Dade Circuit Court Judge Michael Hanzman didn’t dismiss the case, as the city’s attorneys wanted. Both City Attorney Miriam Ramos and their outside counsel, Holland and Knight attorney Annie Gamez, were there.

Gamez characterized the lawsuit as without merit. Commissioner Mike Mena has used the word frivolous. But Hantzman called it “interesting” and said “this is an important case.” He noted that 120 people were watching the hearing on Zoom and acknowledged the public interest.

Attorney David Winker brought this action after the city approved, in an expedited and secret process, the building of a Wawa right across the street from George Washington Carver Elementary School, on land that was earmarked for affordable housing.

That’s what the plan was 17 years ago when the county sold the 1.7 acres to the Lola B. Walkers Homeowners Association Foundation for $10.

After years of stalling — and maybe it was intentional — the county threatened to take the property back. And, as part of a legal settlement that placed pressure have the property developed, the longterm lease for the Wawa gas station and convenience store.

“If they don’t comply with the conditions they could lose the property,” Gamez said, explaining that it would revert back to county ownership.

Ladra isn’t sure why that’s not a better option than a gas station.

People are not pleased. Parents and residents said they never got a chance to voice their opposition. The Wawa settlement became a campaign issue during this recent election and will likely not go away any time soon. Two old oak trees were cut down last week, to the surprise and dismay of many. Especially since this is still in court. Major news outlets covered the outrage.

Gamez tried to make it seem as if none of that mattered. She said Winker was looking for “publicity” on the removal of the trees. It’s not publicity that bothers her, but rather transparency. Because Winker likes to do things out in the open, unlike the city that hatched this backroom deal in the dark.

“Coral Gables doesn’t want what they are doing — and not doing — with the Wawa to be brought out of the dark and into the light,” Winker told Ladra later Friday.

“From a settlement agreement negotiated behind closed doors that takes away residents’ rights to public notice, public meetings, public participation and appeal, to illegal lobbying by Miguel Diaz de la Portilla and Laura Russo of City Manager Peter Iglesias and City Attorney Miriam Ramos, ths is simply bad government.”

The key issue is “a contract zoning case and the parameters of private agreements vís-a-vís the rights of residents to participate in zoning decisions,” Winker said. “We have a situation where a private contract has been entered into and it allows the city manager and the city attorney expressly to make decisions regarding zoning decisions.”

So, basically, the legality of the settlement agreement.

Gamez argued that the agreement was only for administrative approval. “This was already zoned for commercial use way before the settlement agreement was entered into,” she said.

The judge wouldn’t dismiss the case, but said that Bahamian Village LLC — a joint venture between Redevco Inc. and the HOA foundation that was deeded the land — should be added as an interested party and gave Winker 10 days to file an amended motion.

The city can still move to have the lawsuit dismissed, but it looks like that’s not going to happen. “This sounds like a very interesting case,” Hantzman said. “I will be engaged in this case.”

That was music to the ears of the plaintiffs and the Carver parents that support the lawsuit.

“I wouldn’t call it a victory but I would call it a step in the right direction,” said Jennifer Restrepo, a mother of two, who says the city didn’t “follow its own rules” and give residents due process.

“The judge sounds invested in the issue,” Restrepo said. “It sounds like he’s willing to hear both sides.”

Coral Gables development, David Winker

Judge says lawsuit against Coral Gables Wawa deal is ‘important,’ good to go added by Ladra on April 17, 2021
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