Unanimous appellate ruling allows neighboring residents to present evidence and participate as the matter returns to the City of Miami.

MIAMI, FL / ACCESS Newswire / August 13, 2026 / Brickell residents neighboring the First Miami Presbyterian Church property have won the right to weigh in on the removal of historic protection from the church’s school building and parking lot, a step that would clear the way for demolition and redevelopment. In a unanimous ruling, Miami’s appellate court quashed the City of Miami’s approval and found the City had wrongly shut the neighboring community out of that decision. The Brickell Homeowners Association (BHA) welcomed the ruling, giving neighboring residents a voice in decisions on design, environmental impact, and historic preservation for the future of their community.

On July 16, 2026, the Circuit Court of the Eleventh Judicial Circuit, Appellate Division, granted a petition by the neighboring community, IconBrickell Condominium No. Two Association, Inc. (“Tower 2”), recognizing its right to take part. The ruling set aside the City’s approval of an application by First Miami Presbyterian Church to remove the educational building behind the church and the parking lot from the historic protections that also cover the 1949 church building. Any removal of those protections requires a public, on-the-record hearing, and the matter now returns to the City.

Many Brickell residents appeared before the City to voice their concerns and ask that the neighboring community be included in the process, but those requests were denied. On December 3, 2024, the City of Miami’s Historic and Environmental Preservation Board denied Tower 2’s request to intervene and approved the application that same day. On April 10, 2025, the City Commission denied Tower 2’s appeal on standing grounds and upheld the Board’s decision. On July 16, 2026, the Court quashed both decisions, finding that Tower 2 had been denied procedural due process and that the Board and City Commission had “contravened the essential requirements of law.”

“The Brickell Homeowners Association has represented Brickell’s residents since 1990, and has championed a balanced approach to development, one that respects historical integrity while accommodating thoughtful progress. When this came before the City, we stood with the Icon Brickell community in urging that a directly affected community be heard, and in calling for a transparent and equitable process. The Court’s decision affirms exactly that principle, a good outcome not just for one community, but for every Brickell resident who believes decisions that shape our neighborhood should be made fairly, and in the open,” said Ernesto Cuesta, President, Brickell Homeowners Association.

Under the City of Miami Code, a property owner within 500 feet of a site who has an interest different in kind and degree from that of the general public is entitled to take part in these proceedings, with the right to present evidence, question witnesses, and make arguments on the record. Tower 2 sits about 160 feet from the church property, and the Court found its interests sufficient.

Icon Brickell is a longtime member of the Brickell Homeowners Association and has supported an approach to growth that values both thoughtful progress and historic preservation. Icon Brickell residents help fund and care for neighboring Brickell Park along the bay. Tower 2’s position is that progress and preservation are not in conflict, and that Brickell should welcome what comes next while protecting the places that connect the neighborhood to its history.

“Since 2009, the residents of Icon Brickell have called this stretch of Brickell Avenue home, and we’ve looked after this historic corner as neighbors, not bystanders. We want Brickell to thrive in every sense, and we want the people who live here to have a say in how that happens. The Court agreed we had that right, and we intend to take part thoughtfully, on the record, and in good faith,” said Basil Marcelline, President of IconBrickell Condominium No. Two Association, Inc.

The property is home to Miami’s oldest congregation, organized in 1896, the year Miami was incorporated. Henry Flagler donated the land and funded the congregation’s first permanent home, built in 1900, and the church’s Flagler Memorial Chapel preserves pieces of that original building. In 2003, following a designation report prepared for the City by preservation consultants, the City of Miami designated the property as a single historic whole, comprising the church, the School Annex, and the parking lot.

About Brickell Homeowners Association

The Brickell Homeowners Association (BHA), founded in 1990, is the collective voice of Brickell’s condominium associations, spanning from the Miami River to SE 26th Road, representing a thriving urban neighborhood of more than 90,000 residents. The BHA advocates for smart growth that aligns with Brickell’s residential character, monitoring municipal planning, zoning, and infrastructure while engaging directly with elected officials at Miami City Hall and Miami-Dade County. Committed to enhancing the quality of life for residents, businesses, and visitors, the association works to shape Brickell as a premier place to live, work, and play while safeguarding the neighborhood’s future. Learn more at brickellhomeowners.org.

FOR FURTHER INFORMATION

Ernesto Cuesta
egc@bellsouth.net

SOURCE: Brickell Homeowners Association

View the original press release on ACCESS Newswire

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