MDC Demanded $2.3M From Nader For 520 Biscayne Bid Protest; Judge Rejects

Gary Nader has formally filed a protest with Miami Dade College over a Notice of Intended Decision to negotiate with Related Group for 520 Biscayne.

The protest states that Nader’s proposal is worth at least $158 million more than the Related bid.

MDC had demanded a $2.3 million bond in order to file the protest, but favorable court rulings are allowing the protest to be filed without the bond:

After submitting its notice of intent to protest the Intended Decision, the College summarily alleged that Nader+Museu would have to post a $2.3 million protest bond with the College. The College did so without justification and clearly with a desire to prohibit Nader+Museu to voice its concerns regarding the Intended Decision and to deny Nader+Museu its constitutional rights to access the courts. Nader+Museu had no other choice than to file an action in the Circuit Court to request that the College be stopped from infringing on Nader+Museu’s rights and to ask the courts to determine the applicability of such an unreasonable protest bond amount.

On July 22, 2016, Nader+Museu filed a complaint in Circuit Court requesting the court to enjoin the College from taking such aggressive and prohibitory action against Nader+Museu and requesting declaratory relief clarifying the applicable laws. The College opposed this request but, following a full hearing on the merits, Honorable Judge Bronwyn Miller issued an order granting Nader+Museu’s request for an injunction. That order , in pertinent part, “WHEREFORE, Plaintiff’s Verified Emergency Motion for Temporary Injunctive Relief is hereby GRANTED, as specified, and the status quo shall be preserved pending a full hearing on the merits…”.

The College attempted to question the court’s authority and appealed the foregoing order to the Third District Court of Appeal pursuant to a Writ of Prohibition. The College filed that appeal on August 1, 2016. The District Court has not taken jurisdiction of the case despite the College’s request.

The College again tried to challenge the injunction and attack Nader+Museu by filing a Motion to Dissolve the Injunction with the Honorable Judge Monica Gordo. The court heard the College’s Motion on August 11, 2016. After a full hearing, the court denied the College’s request and upheld the injunction granted in favor of Nader+Museu.

The court also took the opportunity to clarify the injunction and stated that Nader+Museu can proceed to file its formal written protest with the College, despite the College’s objections, on or before August 15, 2016 by 5 PM without the protest bond.

On another note, Nader+Museu has issued repeated requests to the College for public records. The College has refused to respond to nearly all of the requests for the production of the public records requested. Nader+Museu has again been forced to go to court to request that the College comply with the law and filed a complaint requesting the public records with the Circuit Court on August 5, 2016.

The hearing dates on Nader+Museu’s request for the declaratory statement and public records complaint are in the process of being set by the court.

Last week, the Third District Court of Appeal issued an order to show cause, allowing for the protest to be filed without the bond.

Once filed, the college has 7 days to meet with Nader and resolve the issue. If that fails, the protest must be submitted to the Division of Administrative Hearings.

Nader’s public records lawsuit against MDC remain pending, but the protest can later be amended and strengthened in the case of a favorable outcome of that case.