When a construction project begins in the Miami area there are always many legal factors to consider for those involved. Sometimes the different parties don’t always see eye-to-eye. When that happens it could lead to a lawsuit.
The Marco Island Civic Association (MICA) has reportedly settled a lawsuit against a miniature golf course, allowing the golf course to reopen for business. The lawsuit was first filed because of an apparent construction violation by the golf course. According to reports the course failed to follow the restrictions of the deed that were in place at the time of the construction.
MICA reportedly attempted to ask the owner of the golf course to comply with the restrictions, but filed the lawsuit when the golf course failed to respond appropriately. A Judge granted an injunction in favor of MICA. The golf course agreed that the ruling was valid. However, according to the settlement the majority of the owners of the lots that are subject to the restrictions have voted to lift the restrictions. Because of that the restrictions on the golf course have been lifted.
The golf course in this situation could have most likely avoided a lawsuit if it had followed the deed restrictions that were in place and submitted its construction plans before it began to build. Construction litigation can be a long drawn-out process, but it doesn’t have to be. By having the right construction litigation attorney a person can obtain an efficient and economical way to come to the quickest solution possible.
Source: Marco Island Sun Times, “Miniature golf course to stay open after MICA, developer settle lawsuit,” Oct. 22, 2013.