Protesting out-of-control development used to be an amateur sport: Gather a few neighbors, wear matching T-shirts and surround city hall.
The whole strategy is so early '90s. These days, you're better off just hiring a lawyer.
Petitions, pleadings and politicians let the Vizcayans down. So a year ago, they turned to the courts to halt the three-tower Coconut Grove condo project that Related Group wanted to build next to Mercy Hospital.
Miami city commissioners approved the plans in April 2007. But last week, a panel of judges declared that the mammoth project violated several state zoning laws.
TAKING IT TO COURT
It was, as The Miami Herald's Michael Vasquez reported, a stunning defeat for Related. It was also a reminder that when political will is lacking, Americans traditionally turn to the courts.
This generation's fight is with development. And so far, the courts are way ahead of politicians, many of whom have been weakened by the attentions of the powerful and connected.
''We appeared; we spoke to the city of Miami commission. But either they didn't hear us or chose not to listen to us,'' said John Hinson, co-chairman of the special preservation committee that supports Vizcaya Museum and Gardens. ``We had no remaining options but to address it through the court system, not the political system.''
Of course, to fight the powerful and well-connected it helps to be one of them. The Vizcayans' board is comprised of some of the most important names in town. And it's doubtful that a group of neighbors in, say, Liberty City, could have pulled off a similar victory.
It took the equivalent of one lawyer working full time for a year to overturn Miami's decision. And the whole thing could still be appealed. The problem is not that laws aren't already in place to protect the average citizen. The problem is that often the best experts on those laws are the developers. And challenging them takes equally big guns.
''The law in Florida as regards development is very strong and very well thought out,'' said attorney Stephen Darmody, who represented Vizcaya supporters. ``But my sense of it is, the developers and their lawyers understand the law better than anyone else.''
And in these times of budget cuts, commissioners are more likely to side with developers and their slick arguments. New condo projects mean increased tax revenues. Motivated developers also make excellent campaign donors. That leaves the ordinary taxpayer with few advocates.
''The more pro-development the city government is, the more people are going to fall back on the courts,'' Darmody reasoned.
Michael Pizzi, a Miami Lakes councilman who heads the Hold The Line campaign, has already drafted a lawsuit challenging county commissioners' recent decision to move the Urban Development Boundary.
`THE ONLY WAY'
''Unfortunately, this is a commission that would build a cyanide factory next to a playground if you hired the right 12 lobbyists,'' Pizzi said. ``So I've come to the conclusion that the only way to stand up for the people . . . is by going to court.''
Pizzi finds some hope in the madness: ``At least we live in a country where we have a court system that can step up.''
True. But still sad. The trend runs counter to the best ideals of civil society. T-shirt clad amateurs aren't going to save the world. But it's nice to think of a day when rich and poor can make a case for reason without having to hire an army of experts.
