The Town of Miami Lakes’ legal battle to keep the bridge at Northwest 170th Street closed continues as the Third District Court of Appeals filed an opinion Wednesday regarding the matter.
The opinion allows the town to have a court hearing regarding a lawsuit it filed in 2019 against the city of Hialeah, Miami-Dade County, Lennar Homes and its contractor, Downrite Engineering.
A county court judge dismissed Miami Lakes’ case.
Town attorney Raul Gastesi said Wednesday that he was reviewing the higher court’s opinion and would discuss it with the town council in an executive session on Thursday to determine the next steps to take.
“We essentially believe that the courts must review the agreement, we have a written agreement with the county that states it is up to Miami Lakes to plan, design, and construct on its roads,” Gastesi said.
That agreement says the town has rights to the southern half of Northwest 170tb Street.
The town accused Downrite Engineering -- Lennar’s contractor working on behalf of Hialeah under county and Florida Department of Transportation permits – of defacing town property without a town permit.
That led to the town’s civil lawsuit in county court, according to a sequence of events described in the Third District’s opinion.
The Third District on Wednesday faulted Miami Lakes for not including the Florida Department of Transportation in its original lawsuit.
Gastesi said he does not know when the town may return to county civil court.
Councilman Josh Dieguez said on Facebook, “I hope the county and the City of Hialeah will come to the table and finally engage in productive discussions on creating meaningful and equitable connectivity.”
Miami Lakes Mayor Manny Cid said in a text to the Laker, “I’ll continue working with Hialeah Mayor Steve Bovo and [Miami-Dade County] Mayor [Daniella] Levine Cava to find a long-term solution for the 170th [Street] bridge.”
Diaz wrote Wednesday afternoon on Twitter that "the appellate court clearly stated they 'did not reach the merits of the complaint nor offer any opinion on whether the town of Miami Lakes can ultimately prevail.' We continue to move forward and create transit solutions that address all of our residents' concerns."
On Thursday, Bovo issued a statement on Twitter that reads in part that he respects the Third District Court's decision. "The opening of these bridges will improve the quality of life of many residents of both cities," he wrote, adding that he'll continue to work with town and county officials to "find a viable solution that helps our residents."
At the east end of the bridge, the county erected a gate to block the span to all traffic except emergency vehicles; firefighters have access to keys to unlock it.
Vandals were making their feelings known about it this week.
It was found open one day, and on Wednesday, Miami Lakes Public Works found the gate on the ground as if a truck had plowed it down.
Town Manager Edward Pidermann said the damage was reported to the county’s 311 line and its Public Works Department.
Pidermann said town employees returned the gate to the upright position and said it is up to the county to make repairs.