Condo next door sues developer building tallest twin towers on Fort Lauderdale beach
Can you sue over a view?
Alhambra Place, a condo tower in Fort Lauderdale with a view of the beach, is doing just that — alleging breach of contract and seeking more than $10 million in damages.
For 24 years, residents of the 16-story condo tower at 209 N. Birch Road have enjoyed an unfettered view of the ocean.
Then along came Selene, twin 26-story condo towers going up to the east of Alhambra Place.
The project's design was substantially altered despite a development agreement the builder made with Alhambra's condo association in July 2020, according to a lawsuit recently filed in Broward Circuit Court.
The lawsuit lists The Kolter Group and KT Seabreeze Atlantic as defendants, claiming they submitted a slew of plan revisions 'aimed at cutting costs and increasing profits' without the knowledge or consent of Alhambra's condo association. The revisions dramatically altered the exterior design of the project and were 'solely made to enhance (the developer's) bottom line,' according to the suit.
'It's a totally different project,' said Keith Poliakoff, one of the attorneys representing Alhambra Place. 'Alhambra had no idea. Some of those changes affect the view corridor for Alhambra.'
The Kolter Group has not yet filed a formal response to the lawsuit. KT Seabreeze Atlantic is no longer in business, according to the lawsuit as well as state records.
Bob Vail, a high-ranking official at Kolter, referred questions to Stephanie Toothaker, attorney for the developer.
Toothaker could not be reached this week despite two texts seeking comment.
Jim Novick lives on the 11th floor of Alhambra Place, where he serves as president of the condo association.
In March, Novick said he noticed the towers going up across the street didn't quite look like the renderings he and his neighbors had been shown before construction began nearly four years ago.
'It was pretty far along when we noticed things didn't seem right,' Novick said. 'There was equipment in the way. When the cranes came down, I was like, 'Oh my God, that's not supposed to be there.' They took out the glass. They added more stucco to save money. They made the one balcony on the sixth floor bigger.'
Novick says he contacted the developer with his concerns.
'I was telling them to take the balcony down,' he said. 'I told them my board's not going to be happy with this. See what you can do to fix these things. They said they'd get back to me on all these changes. And they never got back to me.'
That's when the condo board decided to sue, Novick said.
Selene's twin towers will be the tallest on the beach, rising 300 feet above sea level at 3000 Alhambra St.
Residential projects built on that part of the beach have a height cap of 200 feet.
But in late 2020, Fort Lauderdale commissioners signed off on special zoning that allowed the builder to go higher.
An earlier design called for a shorter and blockier set of towers that would have stood 200 feet high, with nearly 100 more condos and three times the space for restaurants and shops.
But residents at Alhambra Place preferred the developer build taller, thinner towers to help preserve their views.
'If they build a big giant box in front of us, it's the end of our universe,' Novick told commissioners at the time. 'We had one unit owner say, 'We'll never see the sun if they build this.''
The project won commission approval in October 2020.
Less than two years later, the developer returned to the commission to request approval for what it called an administrative amendment to the approved site plan.
Alarmed by the proposed changes, Novick said he flew down from his second home in Boston to speak at the July 2022 meeting and voice his objection.
During the meeting, Toothaker told the commission her client was requesting changes to the project's dimensional standards and architecture.
That night, the developer withdrew the request for changes related to dimensional standards and architecture, the lawsuit states. The only changes requested — and approved — involved a reduction in the number of condo units from 215 to 196; an increase in the restaurant and retail space by 500 square feet; and a corresponding reduction in private parking spaces from 497 to 480.
'I came back on July 4 from Boston, left my family, got on the plane and went down to City Hall to testify,' Novick said. 'And they withdrew the proposal. And I thanked them.'
But the developer came back later on to ask city staff to sign off on several modifications identical to those that had been withdrawn at the commission meeting, the lawsuit alleges.
'They submitted changes and got them administratively approved by city staff with no one knowing,' Poliakoff said. 'City staff said they were minor modifications. These were not minor modifications.'
On April 23, 2025, Alhambra's condo association sent the developer a notice accusing them of breach of contract.
The notice claims several design changes were made in violation of the development agreement the developer made with Alhambra Place. Among them:
1. The elegant, round columns that floated outside of the façade at the L-shaped indented building corners were eliminated and replaced with a 90-degree building corner and integral corner edge column. The elimination of this feature detracts from its appearance and makes the building look wider.
2. The north façade of the east tower, level 5, was constructed with a balcony that extends well beyond the balcony line of the tower to the edge of the amenities deck.
3. West-facing level 4 of the east tower is constructed with large expanses of concrete, inconsistent with renderings that depict all glass and an open, unobstructed balcony.
1. The one-story spa extending from the west tower was reduced on the second administrative revision, adding about 30 feet more north-south open area.
2. The portion of the dog park west of the stair tower was eliminated and walled off from the reconfigured dog park. This is inconsistent with unit-view renderings.
3. The fourth level of the east tower is only partially glass, inconsistent with unit-view renderings that show an all-glass façade.
1. On the unit-view renderings, glass comprises between 65% and 70% of the west-facing podium façade's vertical section of levels 1.5, 2 and 3, but only about 47% as constructed.
2. The unit-view renderings show no exposed columns other than at the corners, whereas an exposed middle column was added to the constructed product.
3. The agreement calls for frosted glass on the west face of the parking structure. The actual construction appears to show tinted glass.
The towers are expected to open later this year.
'Plaintiff believes that there are additional violations and defaults of the terms of the agreement and shall, hereafter, seek a complete inspection of the property,' the lawsuit says.
Susannah Bryan can be reached at sbryan@sunsentinel.com. Follow me on X @Susannah_Bryan
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
4 days ago
- Yahoo
Condo next door sues developer building tallest twin towers on Fort Lauderdale beach
Can you sue over a view? Alhambra Place, a condo tower in Fort Lauderdale with a view of the beach, is doing just that — alleging breach of contract and seeking more than $10 million in damages. For 24 years, residents of the 16-story condo tower at 209 N. Birch Road have enjoyed an unfettered view of the ocean. Then along came Selene, twin 26-story condo towers going up to the east of Alhambra Place. The project's design was substantially altered despite a development agreement the builder made with Alhambra's condo association in July 2020, according to a lawsuit recently filed in Broward Circuit Court. The lawsuit lists The Kolter Group and KT Seabreeze Atlantic as defendants, claiming they submitted a slew of plan revisions 'aimed at cutting costs and increasing profits' without the knowledge or consent of Alhambra's condo association. The revisions dramatically altered the exterior design of the project and were 'solely made to enhance (the developer's) bottom line,' according to the suit. 'It's a totally different project,' said Keith Poliakoff, one of the attorneys representing Alhambra Place. 'Alhambra had no idea. Some of those changes affect the view corridor for Alhambra.' The Kolter Group has not yet filed a formal response to the lawsuit. KT Seabreeze Atlantic is no longer in business, according to the lawsuit as well as state records. Bob Vail, a high-ranking official at Kolter, referred questions to Stephanie Toothaker, attorney for the developer. Toothaker could not be reached this week despite two texts seeking comment. Jim Novick lives on the 11th floor of Alhambra Place, where he serves as president of the condo association. In March, Novick said he noticed the towers going up across the street didn't quite look like the renderings he and his neighbors had been shown before construction began nearly four years ago. 'It was pretty far along when we noticed things didn't seem right,' Novick said. 'There was equipment in the way. When the cranes came down, I was like, 'Oh my God, that's not supposed to be there.' They took out the glass. They added more stucco to save money. They made the one balcony on the sixth floor bigger.' Novick says he contacted the developer with his concerns. 'I was telling them to take the balcony down,' he said. 'I told them my board's not going to be happy with this. See what you can do to fix these things. They said they'd get back to me on all these changes. And they never got back to me.' That's when the condo board decided to sue, Novick said. Selene's twin towers will be the tallest on the beach, rising 300 feet above sea level at 3000 Alhambra St. Residential projects built on that part of the beach have a height cap of 200 feet. But in late 2020, Fort Lauderdale commissioners signed off on special zoning that allowed the builder to go higher. An earlier design called for a shorter and blockier set of towers that would have stood 200 feet high, with nearly 100 more condos and three times the space for restaurants and shops. But residents at Alhambra Place preferred the developer build taller, thinner towers to help preserve their views. 'If they build a big giant box in front of us, it's the end of our universe,' Novick told commissioners at the time. 'We had one unit owner say, 'We'll never see the sun if they build this.'' The project won commission approval in October 2020. Less than two years later, the developer returned to the commission to request approval for what it called an administrative amendment to the approved site plan. Alarmed by the proposed changes, Novick said he flew down from his second home in Boston to speak at the July 2022 meeting and voice his objection. During the meeting, Toothaker told the commission her client was requesting changes to the project's dimensional standards and architecture. That night, the developer withdrew the request for changes related to dimensional standards and architecture, the lawsuit states. The only changes requested — and approved — involved a reduction in the number of condo units from 215 to 196; an increase in the restaurant and retail space by 500 square feet; and a corresponding reduction in private parking spaces from 497 to 480. 'I came back on July 4 from Boston, left my family, got on the plane and went down to City Hall to testify,' Novick said. 'And they withdrew the proposal. And I thanked them.' But the developer came back later on to ask city staff to sign off on several modifications identical to those that had been withdrawn at the commission meeting, the lawsuit alleges. 'They submitted changes and got them administratively approved by city staff with no one knowing,' Poliakoff said. 'City staff said they were minor modifications. These were not minor modifications.' On April 23, 2025, Alhambra's condo association sent the developer a notice accusing them of breach of contract. The notice claims several design changes were made in violation of the development agreement the developer made with Alhambra Place. Among them: 1. The elegant, round columns that floated outside of the façade at the L-shaped indented building corners were eliminated and replaced with a 90-degree building corner and integral corner edge column. The elimination of this feature detracts from its appearance and makes the building look wider. 2. The north façade of the east tower, level 5, was constructed with a balcony that extends well beyond the balcony line of the tower to the edge of the amenities deck. 3. West-facing level 4 of the east tower is constructed with large expanses of concrete, inconsistent with renderings that depict all glass and an open, unobstructed balcony. 1. The one-story spa extending from the west tower was reduced on the second administrative revision, adding about 30 feet more north-south open area. 2. The portion of the dog park west of the stair tower was eliminated and walled off from the reconfigured dog park. This is inconsistent with unit-view renderings. 3. The fourth level of the east tower is only partially glass, inconsistent with unit-view renderings that show an all-glass façade. 1. On the unit-view renderings, glass comprises between 65% and 70% of the west-facing podium façade's vertical section of levels 1.5, 2 and 3, but only about 47% as constructed. 2. The unit-view renderings show no exposed columns other than at the corners, whereas an exposed middle column was added to the constructed product. 3. The agreement calls for frosted glass on the west face of the parking structure. The actual construction appears to show tinted glass. The towers are expected to open later this year. 'Plaintiff believes that there are additional violations and defaults of the terms of the agreement and shall, hereafter, seek a complete inspection of the property,' the lawsuit says. Susannah Bryan can be reached at sbryan@ Follow me on X @Susannah_Bryan
Yahoo
17-05-2025
- Yahoo
Pharmacists stockpile most common drugs on chance of targeted Trump tariffs
Prescription drugs sit ready to be distributed to patients at 986 Pharmacy in Alhambra, California. (Jackie Fortíer/KFF Health News) In the dim basement of a Salt Lake City pharmacy, hundreds of amber-colored plastic pill bottles sit stacked in rows, one man's defensive wall in a tariff war. Independent pharmacist Benjamin Jolley and his colleagues worry that the tariffs, aimed at bringing drug production to the United States, could instead drive companies out of business while raising prices and creating more of the drug shortages that have plagued American patients for several years. Jolley bought six months' worth of the most expensive large bottles, hoping to shield his business from the 10% across-the-board tariffs on imported goods that President Donald Trump announced April 2. Now with threats of additional tariffs targeting pharmaceuticals, Jolley worries that costs will soar for the medications that will fill those bottles. In principle, Jolley said, using tariffs to push manufacturing from China and India to the U.S. makes sense. In the event of war, China could quickly stop all exports to the United States. 'I understand the rationale for tariffs. I'm not sure that we're gonna do it the right way,' Jolley said. 'And I am definitely sure that it's going to raise the price that I pay my suppliers.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Squeezed by insurers and middlemen, independent pharmacists such as Jolley find themselves on the front lines of a tariff storm. Nearly everyone down the line — drugmakers, pharmacies, wholesalers, and middlemen — opposes most tariffs. Slashing drug imports could trigger widespread shortages, experts said, because of America's dependence on Chinese- and Indian-made chemical ingredients, which form the critical building blocks of many medicines. Industry officials caution that steep tariffs on raw materials and finished pharmaceuticals could make drugs more expensive. 'Big ships don't change course overnight,' said Robin Feldman, a UC Law San Francisco professor who writes about prescription drug issues. 'Even if companies pledge to bring manufacturing home, it will take time to get them up and running. The key will be to avoid damage to industry and pain to consumers in the process.' Trump on April 8 said he would soon announce 'a major tariff on pharmaceuticals,' which have been largely tariff-free in the U.S. for 30 years. 'When they hear that, they will leave China,' he said. The U.S. imported $213 billion worth of medicines in 2024 — from China but also India, Europe, and other areas. Trump's statement sent drugmakers scrambling to figure out whether he was serious, and whether some tariffs would be levied more narrowly, since many parts of the U.S. drug supply chain are fragile, drug shortages are common, and upheaval at the FDA leaves questions about whether its staffing is adequate to inspect factories, where quality problems can lead to supply chain crises. Private equity snaps up disability services, challenging state regulators On May 12, Trump signed an executive order asking drugmakers to bring down the prices Americans pay for prescriptions, to put them in line with prices in other countries. Meanwhile, pharmacists predict even the 10% tariffs Trump has demanded will hurt: Jolley said a potential increase of up to 30 cents a vial is not a king's ransom, but it adds up when you're a small pharmacy that fills 50,000 prescriptions a year. 'The one word that I would say right now to describe tariffs is 'uncertainty,'' said Scott Pace, a pharmacist and owner of Kavanaugh Pharmacy in Little Rock, Arkansas. To weather price fluctuations, Pace stocked up on the drugs his pharmacy dispenses most. 'I've identified the top 200 generics in my store, and I have basically put 90 days' worth of those on the shelf just as a starting point,' he said. 'Those are the diabetes drugs, the blood pressure medicines, the antibiotics — those things that I know folks will be sicker without.' Pace said tariffs could be the death knell for the many independent pharmacies that exist on 'razor-thin margins' — unless reimbursements rise to keep up with higher costs. Unlike other retailers, pharmacies can't pass along such costs to patients. Their payments are set by health insurers and pharmacy benefit managers largely owned by insurance conglomerates, who act as middlemen between drug manufacturers and purchasers. Neal Smoller, who employs 15 people at his Village Apothecary in Woodstock, New York, is not optimistic. 'It's not like they're gonna go back and say, well, here's your 10% bump because of the 10% tariff,' he said. 'Costs are gonna go up and then the sluggish responses from the PBMs — they're going to lead us to lose more money at a faster rate than we already are.' Smoller, who said he has built a niche selling vitamins and supplements, fears that FDA firings will mean fewer federal inspections and safety checks. 'I worry that our pharmaceutical industry becomes like our supplement industry, where it's the wild West,' he said. Narrowly focused tariffs might work in some cases, said Marta Wosińska, a senior fellow at the Brookings Institution's Center on Health Policy. For example, while drug manufacturing plants can cost $1 billion and take three to five years to set up, it would be relatively cheap to build a syringe factory — a business American manufacturers abandoned during the covid-19 pandemic because China was dumping its products here, Wosińska said. It's not surprising that giants such as Novartis and Eli Lilly have promised Trump they'll invest billions in U.S. plants, she said, since much of their final drug product is made here or in Europe, where governments negotiate drug prices. The industry is using Trump's tariff saber-rattling as leverage; in an April 11 letter, 32 drug companies demanded European governments pay them more or face an exodus to the United States. Brandon Daniels, CEO of supply chain company Exiger, is bullish on tariffs. He thinks they could help bring some chemical manufacturing back to the U.S., which, when coupled with increased use of automation, would reduce the labor advantages of China and India. 'You've got real estate in North Texas that's cheaper than real estate in Shenzhen,' he said at an economic conference April 25 in Washington, referring to a major Chinese chemical manufacturing center. Despite historic indictment, doctors will keep mailing abortion pills across state lines But Wosińska said no amount of tariffs will compel makers of generic drugs, responsible for 90% of U.S. prescriptions, to build new factories in the U.S. Payment structures and competition would make it economic suicide, she said. Several U.S. generics firms have declared bankruptcy or closed U.S. factories over the past decade, said John Murphy, CEO of the Association for Accessible Medicines, the generics trade group. Reversing that trend won't be easy and tariffs won't do it, he said. 'There's not a magic level of tariffs that magically incentivizes them to come into the U.S.,' he said. 'There is no room to make a billion-dollar investment in a domestic facility if you're going to lose money on every dose you sell in the U.S. market.' His group has tried to explain these complexities to Trump officials, and hopes word is getting through. 'We're not PhRMA,' Murphy said, referring to the powerful trade group primarily representing makers of brand-name drugs. 'I don't have the resources to go to Mar-a-Lago to talk to the president myself.' Many of the active ingredients in American drugs are imported. Fresenius Kabi, a German company with facilities in eight U.S. states to produce or distribute sterile injectables — vital hospital drugs for cancer and other conditions — complained in a letter to U.S. Trade Representative Jamieson Greer that tariffs on these raw materials could paradoxically lead some companies to move finished product manufacturing overseas. Fresenius Kabi also makes biosimilars, the generic forms of expensive biologic drugs such as Humira and Stelara. The United States is typically the last developed country where biosimilars appear on the market because of patent laws. Louisiana considers 'homelessness courts' as housing advocates stress lack of resources Tariffs on biosimilars coming from overseas — where Fresenius makes such drugs — would further incentivize U.S. use of more expensive brand-name biologics, the March 11 letter said. Biosimilars, which can cost a tenth of the original drug's price, launch on average 3-4 years later in the U.S. than in Canada or Europe. In addition to getting cheaper knockoff drugs faster, European countries also pay far less than the United States for brand-name products. Paradoxically, Murphy said, those same countries pay more for generics. European governments tend to establish more stable contracts with makers of generics, while in the United States, 'rabid competition' drives down prices to the point at which a manufacturer 'maybe scrimps on product quality,' said John Barkett, a White House Domestic Policy Council member in the Biden administration. As a result, Wosińska said, 'without exemptions or other measures put in place, I really worry about tariffs causing drug shortages.' Smoller, the New York pharmacist, doesn't see any upside to tariffs. 'How do I solve the problem of caring for my community,' he said, 'but not being subject to the emotional roller coaster that is dispensing hundreds of prescriptions a day and watching every single one of them be a loss or 12 cents profit?' SUPPORT: YOU MAKE OUR WORK POSSIBLE This article first appeared on KFF Health News and is republished here under a Creative Commons license. KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF and subscribe to KFF Health News' free Morning Briefing.
Yahoo
22-04-2025
- Yahoo
CBP seizes fake jewelry with ‘suggested' price of $9M
EL PASO, Texas (KTSM) – A shipment of counterfeit designer jewelry with a manufacturer's suggested retail price of $9 million — had the goods been genuine — was seized by the U.S. Customs and Border Protection officers at the El Paso port of entry, the agency said in a news release. CBP said the shipment was intercepted on Wednesday, April 9. It originated from China and destined for a home in El Paso. The package contained 1,708 jewelry items such as rings, bracelets, earrings, and necklaces, which resembled the 'well-known luxury brand Van Cleef & Arpels' 'Alhambra' line,' CBP said. CBP worked with the trademark holder to confirm that the goods were not a legitimate product, and the seizure was authorized on Monday, April 21, the agency said. 'CBP officers inspect arriving international parcels for a variety of reasons to include protecting American consumers from potential safety violations and rooting out counterfeit goods that may be supporting an underground economy that thrives on deception and exploitation. Buying counterfeit luxury jewelry may seem like a bargain, but it may also be fueling criminal enterprises involved in money laundering, forced labor, and even organized crime,' CBP El Paso director of Field Operations, Hector Mancha, said. 'Counterfeit goods are generally poor-quality products that cost U.S. businesses billions of dollars a year while robbing our country of jobs and tax revenues.' CBP said officers seized the shipment and determined the jewelry was worth $15,480. The investigation is ongoing. CBP recommends consumers keep the following helpful hints in mind when shopping for discounts, according to the news release: Purchase goods directly from the trademark holder, original manufacturer, or from authorized retailers. Educate yourself on prices of legitimate goods. If the item is priced well below fair market value, the likelihood is higher that the merchandise being considered for purchase is counterfeit. If a price seems too good to be true, then it probably is. Stay away from web sites that do not offer customer service contact information, return policies, and legitimate phone numbers. Review CBP's E-Commerce Counterfeit Awareness Guide for Consumers for more detailed information. CBP said the agency provides basic import information about admissibility requirements and the clearance process for e-commerce goods. The agency encourages buyers to confirm that their purchases and the importation of those purchases comply with state and federal import regulations, according to the news release. 'The dangers of buying counterfeit products aren't always obvious to consumers. Particularly, when shopping online, beware of counterfeit goods. Fake goods can lead to real dangers,' read the news release. For more information, visit The Truth Behind Counterfeits page. Suspected intellectual property rights violations, fraud, or illegal trade activity can be reported by contacting CBP through the e-Allegations Online Trade Violations Reporting System or by calling 1-800-BE-ALERT. Violations can also be reported to the National Intellectual Property Rights Coordination Center at or by telephone at 1-866-IPR-2060. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
