WSVN files suit to stop developer

NORTH BAY VILLAGE, Fla. (WSVN) -- Channel 7 has filed a lawsuit to stop a developer from breaking ground right next door.

North Bay Village is a small city in Miami-Dade composed of a collection of islands. Dating back to the 1950s, WSVN TV and radio station WIOD shared one of those islands.

Forty-six years later, WSVN still calls the well-located island home. "This has always been perceived to be the most beautiful broadcasting facility in the country," said WSVN owner Ed Ansin.

Sitting side-by-side on the island, WSVN and WIOD split the property nearly in half by entering into the Biscayne Agreement, signed in 1962 by both stations' owners. In addition to the island's entrance, WIOD also received some of the parking spaces as part of the deal. The radio station provided WSVN access to those spaces in exchange for the placement of WIOD's tower on the television station's half of the property.

Another clause in that agreement was that neither side could build anything without agreement from the other party. "We could not continue in business as a television station without those easements," said Ansin.

In 2003, WIOD's owners sold their share of the island to developer Scott Greenwald, who in turn unveiled a proposal to build two 21-story buildings on his half of the property. "It is a design which we have found to be pretty unique," said Greenwald.

Under the Biscayne Agreement, Greenwald would need the WSVN owner's permission to build, which the developer has yet to do. Needless to say, Ansin is not pleased with Greenwald's plans. "This is outrageous," said the television station's owner. "This just doesn't make any sense."

Despite 2005 rulings by a circuit court and an appellate court that forbid Greenwald from building without Ansin's consent, the developer intends to move forward with his plans. Greenwald's documents detail plans to tear down WIOD's tower, put up buildings so big that they would eliminate WSVN parking and block the television station's employees from even getting onto the property.

Ansin is floored by Greenwald's disregard for the legal rulings. "The proposal totally ignores not only the rights that we have, it ignores the orders that were issued by the lower court and the court of appeals," said WSVN's owner.

Constitutional rights may also hang in the balance. "We would no longer be able to collect the news, we would no longer be able to broadcast the news; essentially they are violating our First Amendment rights," said the television station owner. "They also would be violating the public's right to receive Channel 7 News."

Two key conflicts of interest highlighted Greenwald's project pitch in January before North Bay Village's Planning And Zoning Board. One of the board's members removed himself from participation in the hearing because of a relationship with the developer, followed closely behind by the city attorney. "My firm has represented Scott Greenwald entity on Miami Beach for an application on Miami Beach, so I cannot provide any advice to you," said the lawyer.

Greenwald's seemingly strategic connections did not stop the board members from giving the developer's plans their approval, even going so far as to openly take sides with the developer. "I am very happy, and I hope everything gets resolved in the lawsuit in your favor," said one board member during the meeting approving the development of Greenwald's condo.

The proposal faces a city council vote later this month. Mayor Joseph Geller vows not to allow the 2005 court rulings to interfere with the council's decision. "Our job is to ensure compliance with all the laws and regulations that the city has," said Geller. "If there is an agreement between parties and especially if that has been taken to court, then that's for the courts to enforce."

Should the council go against the prior court rulings and approve the building proposal, Ansin could file suit against the city to block the project. Potential litigation could pose a problem for North Bay Village taxpayers. "We have said to the city, 'You should not address the proposal until this matter has been legally resolved, there is no point in the city spending money on a lawsuit,'" said WSVN's owner.

Geller insists that the 2005 court rulings have no bearing on the council's upcoming vote. "Personally, I would be a little surprised to see the city brought into anything if we are simply enforcing our own laws and regulations," said the mayor.

Worried that the city will allow Greenwald to move ahead with the project, Ansin went back to court this week and effectively asked the appellate court to enforce their previous court order. "We have to go back and tell the court these people simply aren't complying with court orders," said WSVN's owner.

Seven News could not reach Greenwald or his attorney for comment. If contact can be made with the pair, they will discover that Ansin is willing to discuss building something, so long as it does not prevent the television station from operating. "[I'm] trying to be reasonable," said WSVN's owner.

WIOD dubbed the broadcast property "The Wonderful Isle Of Dreams." For Ansin, that dream is turning into a nightmare.

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