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Home My WebLink AboutCRA-R-21-0010 BackupFiling # 124017867 E-Filed 03/30/2021 01:52:23 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: 2021-007749-CA-01 (31) SOUTH EAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY, Plaintiff, vs. ALEXANDRIA INVESTMENT LLC, MIAMI- DADE COUNTY TAX COLLECTOR, AND MIAMI-DADE CLERK OF COURTS, Defendants. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiff, SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"), by and through undersigned counsel, hereby sues MIAMI-DADE COUNTY CLERK OF COURTS (the "Clerk"), MIAMI-DADE COUNTY TAX COLLECTOR (the "Tax Collector"), and ALEXANDRIA INVESTMENT LLC, and states: PARTIE S 1. CRA is a sui juris governmental agency created by the City of Miami. 2. The Clerk is a State of Florida governmental entity located in Miami -Dade County. 3. Alexandria Investment LLC is a Florida limited liability corporation with a principal place of business in Miami -Dade County. 4. The Tax Collector is a state government entity located in Miami -Dade County. JURISDICTION AND VENUE 5. The real property, that is the subject of this complaint, is located in Miami, Miami -Dade County, Florida and is legally described in Exhibit A. ("SUBJECT PROPERTY.") BACKGROUND 6. This is an equitable action to invalidate, declare void or, in the alternative, to compel transfer of a tax deed issued on the SUBJECT PROPERTY. 7. The SUBJECT PROPERTY was purchased by the CRA in August of 2016. A copy of the deed issued to the CRA is attached as Exhibit B. 8. The purchase by the CRA of the SUBJECT PROPERTY was to preserve and promote a historical landmark. 9. The property in question is the former Law Office of Lawson E. Thomas ("Thomas Property"). 10. Mr. Thomas was the first African American Judge in the South since Reconstruction.' 11. The property is of immense historical significance both to the local community as well as the nation. 12. The CRA is a governmental entity tasked with eliminating slum and blight while addressing the needs of the South East Overtown community. 13. The CRA acquired the Thomas Property which was in very poor condition, in an attempt to preserve the heritage of the Overtown Community which it serves. Ernesto A. Longa, Lawson Edward Thomas and Miami's Negro Municipal Court, 18 St. Thomas Law Review 125 (2005). Page 2 of 8 14. Immediately after acquiring the property, the CRA began the process of obtaining the exemption for the ad valorem taxes to which it is entitled pursuant to Article 3 of the Florida Constitution. 15. In January 2018, the finalized application for exemption based on government property as reflected in Florida Statutes Section 197.199. 16. In October 2018, the County finally approved the request for exemption retroactive to 2016, reduced the 2016 ad valorem taxes, and eliminated the 2017 ad valorem taxes while reflecting exempt for 2018 to the present. 17. Unbeknownst to the CRA, staff dealing with County officials to properly reflect the exemption from ad valorem taxes on the Lawson property they acquired, the County sold the tax certificate for the full 2016 tax year in 2018 — prior to the correction of the improperly assessed ad valorem taxes for 2016. 18. No new notice of ad valorem taxes due was sent to the CRA until June 2020. 19. During this time, the building in which the CRA rents space was closed to the public due to the COVID-19 epidemic, and no certified letters were received by the CRA staff that was working primarily from home. 20. Mail sent standard U.S. Post was gathered and collected periodically by CRA staff. 21. No standard U.S. Post letters advising of a tax sale of the Thomas Property were sent or received. 22. The Thomas Property itself remained in poor condition and boarded up during 2020 while the CRA sought to obtain funding for a complete renovation of the property. Page 3 of 8 23. Given the exempt status of the property after the CRA gained title, the changes that occurred to the taxes as reflected in the tax certificate itself and the continuing communications regarding corrections between the County Tax Appraiser and the CRA, and the failure of notice, exacerbated by the COVID-19 pandemic, the deed issued by the County to Alexandria Investment LLC was void. CAUSES OF ACTION Count I. Action to Quiet Title 24. Plaintiff realleges the allegations contained in Paragraphs 1 through 23 as fully set forth herein. 25. The CRA, as agency for the City of Miami, is now and has at all times herein mentioned been the owner and/or is entitled to possession of the historic Thomas Property. 26. Taxes were erroneously assessed in violation of Article 3 of the Florida Constitution. 27. The CRA applied and was granted an exemption. 28. However, at some point, a tax certificate was issued and ultimately a tax deed sale was conducted. 29. Alexandria Investment LLC was the successful bidder at the sale and acquired a tax deed to the SUBJECT PROPERTY. 30. The sale is in direct violation of Florida law. 31. The CRA therefore seeks to invalid the tax deed as a matter of law and a declaration that the title to the Thomas Property is vested in the CRA alone, and that Alexandria Investment LLC be declared to have no estate, right, title or interest in the Thomas Property and Page 4 of 8 that it be forever enjoined from asserting any estate, right, title or interest in the Thomas Property that would be adverse to the CRA. Count II. Action for Declaratory Judgment 32. Plaintiff realleges the allegations contained in Paragraphs 1 through 23 as fully set forth herein. 33. A controversy now exists and there is a bona fide dispute between the CRA and Alexandria Investment LLC that concerns the privileges or rights of the CRA to have been exempt from paying ad valorem taxes on the Thomas Property and as such voiding the ensuing tax deed sale. 34. The CRA is in doubt about the existence of its rights and/or privileges about whether its exemption status may be retroactively applied and thus void the tax deed sale and its consequences. Count III. Injunctive Relief 35. Plaintiff realleges the allegations contained in Paragraphs 1 through 23 as fully set forth herein. 36. The CRA had a clear right to be exempt from ad valorem taxation and to title of the Thomas Property, which has been violated. 37. Absent the issuance of equitable relief, the CRA would suffer an irreparable harm by the loss of this historic property or from the distinct possibility that the Thomas Property will be irreparably damaged though either a renovation or total demolition. 38. There is no adequate remedy at law for the loss of the historic property. Page 5 of 8 39. The loss of this historic property by the CRA would be a disservice to the interests of the public, and the grant of a permanent injunction ensuring that the CRA is the owner will greatly serve the public interest. Dated this 30th day of March, 2021. VICTORIA MENDEZ, City Attorney HENRY J. HUNNEFELD, Esq. Attorneys for SEOPW CRA 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Telephone: (305) 416-1800 Facsimile: (305) 400-5071 Primary Email: hjhunnefeld@miamigov.com Secondary Email ddiaz@miamigov.com By: Hewry T. H Henry J. Hunnefeld, Esq. Florida Bar No. 343811 Page 6 of 8 "EXHIBIT A" LEGAL DESCRIPTION LOT 28, BLOCK 16, P.W. WHITES RE -SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, AT PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, TOGETHER WITH THE WEST 1/2 PORTION OF THE ALLEY LYING EAST CLOSED PURSUANT TO ORDINANCE 13492 OF THE CITY OF MIAMI, RECORDED IN OFFICIAL RECORDS BOOK 29757, AT PAGE 1686 A/K/A 1021 NW 2 Avenue, Miami, FL 33136-3412 - Folio No.: 01-0101-060- (hereinafter referred to as "SUBJECT PROPERTY.") Page 7 of 8 "EXHIBIT B" Quit -Claim Deed Page 8 of 8 This instrument prepared by. Williatn S. Pollak, Esq. William S. Pollak, P.A. 19 W. Flagler St., Ste. 607 Miami FL 33130-4408 Telephone: (305) 35S-5088 Folio Number01-0101-060-1130 CFN: 20160468731 BOOK 30188 PAGE 417 DATE0811112016 09.11.28 AM DEED DOC 0.60 SURTAX 0.45 HARVEY RUVIN. CLERK OF COURT. MIA-DADE CTY Do Not Write above this Line QUIT -CLAIM DEED This Quit -Claim Deed, executed this P- day of L'S , A.D., 2- i Lo , by JOHN CHARLES THOMAS. a single man ["Grantor"] , rst party, to SOUTHEAST OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ["Grantee"] , whose post office address is 819 NW. rd Avenue, 3rd Floor, Miami, Florida 33136, Attention: Executive Director , second party; Witnesseth, That the said first party, for and in consideration of the sum of Ten and no/100 (S 10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Miami -Dade , State of Florida, to wit: See attached "EXHIBIT A" for legal description Subject to payment of taxes for 2016, and easements (if any), restrictions of records (if any), and zoning ordinances without intending to re -impose same. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining to that real property. To Have and to Hold the same in fee simple forever. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed, and delivered in the presence of: X/Ofel/ First Witness ature JOOCHARLES THOMAS, a single man, I i 'dually First Witness printed name CFN: 20160468731 BOOK 30188 PAGE 418 4ignature ecorfd Witness rintedar�n S p e STATE OF FLORIDA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me, the undersigned notary public, this day of PrUc US , 2016, by JOHN CHARLES THOMAS , who [ ] is personally known or [v]1 as prorduced a driver's license as identification, and who did/did not take an oath. (Notary Seal) ��;ter e••= MICHELE D. ROBINSON 0 Commission # FF 929324 Expires October 20, 2019 B ndad Thru Troy Fain Insurance 800-1657M0 Notary Public (Typed or Printed Name of Notary Public) Commission No. r - 3 -.- My Commission expires: G� .. LO 1 -2- CFN: 20160468731 B❑OK 30188 PAGE 419 "EXHIBIT A" Lot 28, Block 16, P.W. WHITES RE -SUBDIVISION, according to the Plat thereof, as recorded in Plat Book "B," at Page 34, Public Records of Miami -Dade County, Florida (the "Property"), alkla 1021 NW. 2' Ave., Miami FL