Attorney Charles Michael Baron's Legal Cases

Land use and zoning

CHALLENGE TO CITY OF NORTH MIAMI BEACH INAPPROPRIATELY REZONING LAND TO ALLOW HIGH-RISE NEXT TO PARK

Apr 15, 2009

OUTCOME: Developer dropped project in face of Mr. Baron's persuasive lawsuit petition.

The North Miami Beach City Council voted to re-zone a 4-acre parcel to allow a 10-story commercial complex with rooftop restaurant and parking garage for hundreds of vehicles, over the objections of ma ... ny in the neighborhood consisting of low-scale housing and businesses and adjacent Greynolds Park, a County regional park that is eco-sensitive. Mr. Baron filed suit in Miami-Dade Circuit Court on the grounds that the City was violating its own code as well as other laws. The developer, after consulting attorneys, decided to back down and drop the project. Then, in 2012, the developer applied anew with a proposal for another monster project, a hotel/office bldg. complex, and re-zoning was again approved. For the last three years, Mr. Baron has been litigating that approval, and in Dec. 2015, the appellate court agreed with Mr. Baron, ruling that the city disregarded its own code. As of Jan. 2016, that decision is awaiting finalization. The local group Friends of the Oleta River is supporting Mr. Baron's efforts - see fb page "Save Greynolds Park".

Land use and zoning

Land Use/Zoning Case Against County and Developer of Storage Facility

Aug 02, 2000

OUTCOME: Appellate Court quashed Circuit Court's approval of County Commission, and the Court invalidated the County's use of a "fundamental fairness" provision in the County zoning code that the County was using to allow developers to deviate from the code.

Successful legal challenge overturning County approval of a storage warehouse development next to residential lands. Baker v. Metropolitan Dade County, published at 774 So.2d 14 (Fla. 3d DCA 2000).

Civil rights

False Arrest Due to Mistaken Identity; 10 Days in Jail

May 07, 1997

OUTCOME: Persuaded Fed. Dist. Court to deny City's and police officer's motion to dismiss complaint for arrest due to mistaken identity. The case then settled. Decision published at 992 F.Supp. 1365 (S.D. Fla. 1997).

Hernandez v. Metro-Dade County, City of Miami Springs, Tarrant County, TX, et al. Client arrested due to mistaken identity (had same name as fugitive). Client was jailed 10 days and extradited to Te ... xas before it was discovered he was NOT the fugitive. Sued Dade County, Tarrant County, TX, City of Miami Springs and City police officer who made arrest. Federal Court denied City's and officer's motion to dismiss civil rights claims. I argued that the City took no action to discover the numerous differences between client and the fugitive. The case then settled.

Land use and zoning

Land Use/Zoning Case Against County and Developer of Medical Complex Next to Residential Properties

N/A

OUTCOME: Settled lawsuit challenging County approval of medical office development next to clients' residential properties

Lawsuit in Circuit Court challenging Miami-Dade County’s approval of development of high-rise medical office complex with parking garage that would have overlooked clients’ residential properties in Ho ... rse County in West Dade. Challenge based on inconsistency with neighborhood and defects in traffic study. The lawsuit resulted in a settlement with the developer scaling down the complex to 3 stories and paying money damages to clients. After settlement, developer gave up on the project and did not build anything.

Residential real estate

Fraud and Breach of Contract case against home seller and mortgage lender

N/A

OUTCOME: Settled after lengthy litigation.

Seller concealed material construction defects in single-family home sold to client and also was mortgagor, then assigned mortgage. Home became non-habitable so client stopped paying on mortgage. New ... mortgagor sued, and client made claims against both seller and mortgagor for fraud, breach of contract, and other claims. Case heavily litigated, and Mr. Baron was able to obtain a settlement including monetary damages, the mortgage being canceled, and the property going into client's sole ownership to sell the land.

Spinal cord injury

Car Accident - Personal Injury/Spinal Cord Injury Case

N/A

OUTCOME: Settled after lengthy litigation.

Represented teenage girl who sustained cervical (neck) disk bulges when vehicle was rear-ended. Liberty Mutual Insurance first offered a paltry amount to settle, so lawsuit was filed. Though Liberty ... substantially increased offer at mediation to an amount that is customary for bulging disk cases, we insisted that the value of the case was much higher due to the young age of client and her remaining symptoms after years. Pushed case to trial, and settled for over twice the amount offered at mediation.

Sexual harassment

Sexual Harassment case against City of Miami

N/A

OUTCOME: Case settled on appeal.

Female City of Miami Police Officer was sexually harassed by a male supervisor who made lewd remarks, and client did not get her desired work assignment after telling supervisor to leave her alone. La ... wsuit was filed case in Federal Court and ended up at the Fed. 11th Circuit Court of Appeals. The case settled at appellate mediation.

Government

Code Enforcement/Foreclosure Litigation Against Town of Surfside

N/A

OUTCOME: Settlement with town resulting in town giving up on foreclosure action against client.

The Town of Surfside, in the early 2000's, cited client for multiple code violations regarding his single-family home, which was built in the 1940's a few feet too close to the adjacent property. The ... maniacal then-Town Attorney demanded that client "chop off" part of the home, and also had client cited for having non-family members residing in the house, though they were servants. Lengthy litigation in the trial and appellate courts ensued, and Mr. Baron successfully fended off the Town's effort to foreclose on code enforcement liens. The case resulted in a satisfactory settlement, with the Town dropping the foreclosure action.

Spinal cord injury

Product Liability Case for Defective Tire Iron

N/A

OUTCOME: Settled for substantial sum.

Client sustained spinal disk injury when tire iron broke while turning a lug nut, causing him to fly forward. Claim made against car company and tire iron manufacturer. After lengthy negotiations, s ... ettled for substantial sum.

Criminal defense

Criminal Defense Case

N/A

OUTCOME: Court granted Motion for Judgment of Acquittal

Defended fellow Sierra Club member charged with trespassing on fossilized coral reef area off Key Biscayne. After evidence/testimony was presented in jury trial, Mr. Baron made a motion for judgment o ... f acquittal, requesting the Court to find that the State's case was insufficient to find the defendant guilty and should therefore not be put in the hands of the jury. Judge Ed Newman granted the motion, saying that it was the first time in his lengthy career that he had granted such a motion.

Charles Michael Baron's Legal Cases (14)

CHALLENGE TO CITY OF NORTH MIAMI BEACH INAPPROPRIATELY REZONING LAND TO ALLOW HIGH-RISE NEXT TO PARK

Land Use/Zoning Case Against County and Developer of Storage Facility

False Arrest Due to Mistaken Identity; 10 Days in Jail

Land Use/Zoning Case Against County and Developer of Medical Complex Next to Residential Properties

Fraud and Breach of Contract case against home seller and mortgage lender

Car Accident - Personal Injury/Spinal Cord Injury Case

Sexual Harassment case against City of Miami

Code Enforcement/Foreclosure Litigation Against Town of Surfside

Product Liability Case for Defective Tire Iron

Criminal Defense Case