The Law Offices of Robin Bresky Helps Obtain Denial of Motion for New Trial in Eminent Domain Victory

Miami eminent domain attorneys Wiley Hicks and Robert Schreiber recently obtained an $855,000.00 Final Judgment for their client, a private property owner, against the City of Sunny Isles Beach following a jury trial upon proving that the owner’s partially submerged land was valuable because it could be used as a private docking facility.  This was a significant win, because the City sought to compensate the owner only $1,000.00 for the private property, which was “taken” in order to build a public pedestrian and emergency vehicle bridge in the area.  The City argued in its Motion for New Trial that evidence of a potential private docking facility should have been excluded because it was “speculative.”  Michele K. Feinzig and Joanne Rose Telischi, two of The Law Offices of Robin Bresky’s appellate lawyers, were hired to assist the trial lawyers in drafting a response to the Motion for New Trial on the grounds that the City did not properly preserve its claim that evidence regarding a private docking facility should be excluded, and even if it did, that the evidence was properly admitted because it was not in fact “speculative” under Florida law.  The team’s efforts were successful and the Motion for New Trial was DENIED.  The Law Offices of Robin Bresky, along with trial counsel, is looking forward to preserving this win in the Third District Court of Appeal.