Aventura - Sunny Isles

Aventura sidewalk case gets new hearing Thursday

An image from video shows Dara Clarke sitting while workers build a sidewalk around her near her home at the Island Estates in Aventura.
An image from video shows Dara Clarke sitting while workers build a sidewalk around her near her home at the Island Estates in Aventura. BH3

A proposed sidewalk in Aventura has led to three court rulings, an emergency motion requesting the sidewalk be torn up and the arrest of a husband and wife who drove their Porsche over the still-wet cement.

And the case will have a new hearing on Thursday.

The back story: The developers of the Privé luxury condominium project in Aventura have been trying to construct a sidewalk in front of a few homes on Island Estates, a single-family home community on the Intercoastal where homes sell in the multimillions.

The city of Aventura, concerned about increased pedestrian traffic, would not give the developers a permit to build a two-tower condo project on a neighboring island unless they built the sidewalk.

The homeowners filed a restraining order against the Privé developer, halting the sidewalk’s construction. The homeowners contend the sidewalk is being built on their property and violating their property rights.

The developers appealed and an appellate court judge overturned the restraining order and sent the case back to the lower court.

On Monday, the developers told a judge the sidewalk had been finished and therefore, the injunction was moot. The judge agreed.

Immediately, the homeowners filed an emergency motion for a temporary injunction, contending the sidewalk is illegal and the developer must tear it up. A judge will hear this latest motion on Thursday.

Meanwhile, on Thursday, the developers had partially laid down the sidewalk. That evening, Dara Clarke and her husband David, two of the people suing the developer, ran over the still-wet cement with their Porsche SUV. The Clarkes were arrested and charged with one count of criminal mischief causing damages of $1,000 or more, according to the police report.

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