From David Volz
A condominium tower planned for construction on public land at the beach is the target of a lawsuit that accuses Hollywood of breaking its own rules and laws to make way for the project and its 99-year ground lease.
The lawsuit, filed last week in Broward Circuit Court, lists the city of Hollywood and Miami-based Related Group as defendants in a case that could decide what happens to the land at 1301 Ocean Drive.
The parcel, deeded to Hollywood more than 50 years ago, is now home to a park and community center.
If construction on the project begins, Related Group plans to build a 30-story tower that will stand 365 high. The project calls for 210 residences: 126 luxury condos and 84 workforce apartments.
Kathleen DiBona, named as a plaintiff along with the newly formed nonprofit Keep Public Lands Public Inc., can see the land where the condo is scheduled to be built from her balcony on the 14th floor of the nearby Oxford Towers condo and wants to prevent construction on this project.
By filing the lawsuit, she hopes to bring the project to a permanent end.
The multi-count complaint argues that a 99-year lease of public land requires voter approval by referendum.
The lawsuit also claims the property is subject to a recorded deed restriction limiting its use to open space, park, recreational and other public and municipal purposes.
The complaint accuses the city of approving the deal without putting the question on the ballot to get voter input as required by the city charter and a city ordinance that mandates a voter referendum before park or beachfront property east of the Intracoastal Waterway can be sold, leased or encumbered for 50 years or more.
Hollywood commissioners signed off on the comprehensive agreement and ground lease four years ago in May 2022.
