Greenspoon Marder Prevailed In Final Peremptory Writ of Mandamus on Behalf of Client Made in DR Wynwood, Corp.

Jul 5, 2023

Miami – July 5, 2023 – Greenspoon Marder is pleased to announce the firm has successfully prevailed in entering a Final Peremptory Writ of Mandamus for client Made in DR Wynwood Corp., from the Circuit Court of Miami-Dade County, Florida, in the case of Made in DR Wynwood Corp v. City of Miami, Florida, et al, Case No: 2022-5227-CA-01. According to our findings, this marks the first time that a Writ of Mandamus has been entered against the City of Miami in an alcohol-related matter. In addition, the State of Florida’s Division of Alcoholic Beverages & Tobacco unprecedentedly filed an amicus brief supporting the firm’s position in the case. The Greenspoon Marder trial team was led by the Chair of the Hospitality, Alcohol and Leisure Industry Group and managing partner of the Miami office Louis J. Terminello, along with attorneys Michael Martinez and Kevin Cruz. Regulatory consultant Michael Tarkoff worked in collaboration with the legal team to bring this matter to a conclusion.

“We would like to acknowledge the State of Florida for its support, and the Circuit Court of Miami-Dade County for its diligence in reviewing this case. This triumph not only affirms the rights of our client and of all those we represent in the hospitality and alcohol industry, but it sets a crucial precedent moving forward in the region,” expressed Mr. Terminello.

The lawsuit arose last spring from Greenspoon Marder having applied for a zoning confirmation from the City of Miami for a restaurant, utilizing a special food service license (“SFS”). State law, at that time, allowed for the issuance of an SFS if the venue is a food service establishment of at least 2,500 square feet in size and provides accommodations to serve meals to 150 persons. However, the City zoning administrator refused the firm’s request to confirm the venue being in a zoning district that permitted SFS licenses, alleging the venue did not have 150 seats, notwithstanding that the venue had a permitted occupancy of over 150. Greenspoon Marder filed a complaint for a Writ of Mandamus to force the City Zoning Administrator to perform the ministerial duty of confirming that the SFS licenses are permitted in the zoning district where the venue is located. Circuit Court Judge Gina Beovides found that the complaint showed a prima facie case for relief on its face and directed the City and the Zoning Administrator to file a response to the Complaint.

After a final hearing was conducted where the judge listened to all the evidence, the Writ of Mandamus was entered against the City of Miami and a motion for an award of attorney’s fees for the Greenspoon Marder team is soon to follow. The court’s findings and conclusions should henceforth affect every South Florida zoning administrator and planning director.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Prevailed In Final Peremptory Writ of Mandamus on Behalf of Client Made in DR Wynwood, Corp.

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