Call Now For A Phone 
The long-held real estate dispute between the Blue Lagoon Condominium Association and Caroline Weiss has reappeared in the news earlier this year after an appellate judge reversed a lower court’s decision that Weiss had “interfered” with the property rights of the association.
In 1997, Weiss allegedly obstructed an easement between Blue Lagoon and her property that was built in 1986 prior to her purchase of the space with dirt and rocks, which prevented condo owners from being able to access the northwest part of 7th Street in downtown Miami.
The Point Of Contention
The primary point of contention between the parties arose from a dispute over the meaning of “interference,” and if Weiss’ actions qualified under the legal definition of the word.
Originally, Miami-Dade Circuit Judge Jose Rodriguez ruled in favor of Blue Lagoon and granted a temporary restraining order that was eventually made permanent, which prohibited Weiss from accessing the Blue Lagoon property and affording the association the right to have any obstructions that are blocking access to the easement.
A New Building
However, Weiss was approved to build a condominium on her property in 2017, and a year later in 2018, the association filed a lawsuit alleging that the increased traffic from the construction of a new high-rise condo would violate the terms of the original easement agreement. A court ruled against the association, stating that construction plans don’t interfere with the easement.
An appeals court then later ruled that the construction does obstruct and interfere with the easement according to the generally accepted definition of the term “interfere.” But on the third appeal, Weiss finally came out ahead when Judges Fleur Lobree, Norma Lindsey, and Ivan Fernandez ruled that the previous court took the term out of context and misapplied the law when the case was decided in the condo association’s favor.
Weiss now has legal permission to continue building, so long as the 40 foot easement remains unobstructed. But what seemed to be a relatively straightforward dispute spanned more than 25 years, all over the understanding of what a single word meant.
Are you involved in a real estate dispute or are considering filing a dispute against another property owner? Contact Feinstein Real Estate Litigation & Business Law for a consultation to discuss your legal options by calling 954-767-9662.
