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Waldman Barnett Secures Victory in Critical Bath Club Beach Concession Lawsuit

Miami, Fla., March 17, 2021 – Partners Glen Waldman and Michael Sayre won a significant victory for developer Don Peebles and the iconic Historic Bath Club at the completion of a bench trial last week on Monday.

With this most recent victory, thus ended one vital battle in the multi-suit courtroom combat between the Bath Club Entertainment, LLC (BCE) and the Bath Club Condominium and Maintenance Associations. This particular battle began in 2018 when Waldman, co-managing partner of Waldman Barnett, filed suit in Miami-Dade Circuit Court on behalf of his client Peebles, majority owner through BCE of the Historic Bath Club on Miami Beach. It was filed on an emergency basis to halt the Associations’ surreptitious efforts to wrest away control of the beach and attendant Beach Concession License for the beach area that abuts the Bath Club and the Bath Club Condominium Property. Waldman Barnett was successful in 2018 and obtained an Emergency Injunction maintaining the status quo with BCE continuing to hold the Beach Concession License until a trial would determine the ultimate disposition of the property and license.

The lawsuit was intended to maintain The Bath Club’s license to control and utilize the vast majority of the beach property immediately to the Club’s east, for its relaunched burgeoning Club memberships so that the Club could provide families and guests with a beautiful beach to enjoy along with food and beverage concessions on the beach behind its landmark 1926 property on Collins Avenue. The Associations had made a power play to take ownership of the Beach Concession License (the City of Miami Beach would only issue one license for that property) for themselves. The Associations wanted to try to cripple The Bath Club’s business and ability to operate those concessions, in effect destroying a major component of The Bath Club, which has recently been renovated and reimagined in stunning fashion and to great acclaim.

he Associations’ most recent attempt to interfere with BCE’s business failed. “The Bath Club is moving forward and taking new memberships. The launch party took place a couple of weeks ago.” Waldman told The Real Deal last month. Waldman further commented: “Now that we have uncontroverted control of the majority of the Beach the sky is the limit for this iconic club.”

To access a copy of the Final Judgment, click here.

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