87th Avenue Bridge Litigation - Volunteer attorneys Norman M. Waas, Esq, and Jessica M. Hernandez, Esq. filed a motion to expedite appeal.

The reality is setting in for residents on all sides of the canal. As many are aware, Miami-Dade County has started moving forward on the actual construction of the bridge as of Tuesday, May 28, 2024.  This generated mixed reaction from opposing sides – a huge sigh of relief and celebration from those who have fought for the bridge versus significant angst and anxiety from those in opposition. 

The only statement from village leaders to date was posted on Facebook:

Please be aware that the contractor has mobilized at the construction site for Miami-Dade County’s SW 87 Avenue bridge project. The Village will be working with the contractor and the County to minimize any disruption to residents in the affected area. We will also provide updates on the project as they become available. (bold emphasis added).

I haven’t seen any other statements made by or on behalf of our village counsel regarding the commencement of the bridge construction. Please feel free to notify me of what ever information you have seen or heard.

Action in the form of a motion to expedite appeal was filed Wednesday, May 29, 2024. The motion to expedite appeal was filed on behalf of the Appellants, the Palmetto Bay residents in opposition to the 87 Avenue bridge.  These residents have been represented by volunteer counsel - Norman M. Waas, Esq, and Jessica M. Hernandez, Esq, of the local law firm FALK, WAAS, SOLOMON, MENDLESTEIN & DAVIS, P.A. The village is usually represented by a Village Attorney, or one of the special counsels listed as eligible to represent the village in such matters.

The rules of appellate procedure do provide for situations where a court may expedite the appeal.  The motion was filed on May 29, 2024, arguing that:

Public interest supports the appropriateness of expedited review of this matter. It is indisputable that the bridge project will affect the lives of residents in the Village of Palmetto Bay. Those opposed to the bridge—including Appellants—are concerned that increased traffic in the neighborhoods along 87th Avenue, especially north of the bridge, will badly damage the character of the neighborhoods and pose unnecessary traffic and safety risks.

Kudos to both Norman M. Waas, Esq, and Jessica M. Hernandez, Esq. who have been carrying a huge burden without compensation on behalf of the Village of Palmetto Bay, who is listed as the first named party to this appeal. Both attorneys should be recognized for their service, regardless of anyone’s position on the bridge.

I will keep you up to date on how this matter progresses.

Other related documents:

I am providing access to the briefs filed to date.

The Initial Brief of the Appellants (E-filed April 12, 2024) (those in opposition to the bridge, filed by volunteer counsel - Norman M. Waas, Esq, and Jessica M. Hernandez, Esq

The Answer Brief of the Appellee (e-filed May 13, 2024) Filed by Miami-Dade County.

The Reply Brief of the Appellants (E-filed May 28, 2024) (those in opposition to the bridge, filed by volunteer counsel - Norman M. Waas, Esq, and Jessica M. Hernandez, Esq