Miramar Offers Deal In Lawsuit

MIRAMAR — After meeting with city attorneys for more than one hour, the City Commission voted on Wednesday to make a final offer to Ryan Eastern Inc. to settle a lawsuit over landfill.

Fill -- dirt and rocks that result from creating artificial lakes -- is used by developers to raise future constructions above the flood plain.

On Feb. 4, Ryan sued Miramar because in December the city stopped the company from selling extra fill obtained from blasting in the Sunset Lakes development. The firm claims it stands to lose millions of dollars. The city claimed developers were blasting excessively -- and damaging homes in the process -- to make a profit from the extra fill.

In the settlement offer, Ryan would pay the city $541,000 and be able to sell up to 1.8 million cubic yards of fill for two years. Of that, 366,000 cubic yards could be sold outside of Miramar. Also, for 24 months the city would have the option to buy 142,000 cubic yards at $2.63 per cubic yard for city projects, and the city gave Ryan Eastern specific routes to move the fill from the quarries to the development sites.

"This is our final offer, we do not intend to have any other offers. We do not want to spend any more time in this issue," said Mayor Lori Moseley.

Ryan Eastern has until 5 p.m. Friday to accept or decline the offer. Adam Linkhorst, the attorney for Ryan, said the offer has some sticking points to which his client is likely to object.

"The routes are a big problem. The option the city gave us was to haul the fill through private property and unfinished roadway," Linkhorst said, pointing out that some of the roads are partly or completely unpaved.

He also said that being able to sell only 366,000 cubic yards outside of the city is a tough sell for Ryan. However, he said the offer will be discussed with Ryan and the company's response will be given on Friday.

If Ryan accepts, the settlement would bring to an end a court case that might drag on for months. In April, City Attorney Jamie Cole asked Circuit Judge Jeffrey E. Streitfeld to throw out the case because Ryan was not the owner of the land at 184th Avenue and Miramar Parkway, where the Sunset Lakes community is being built.

Streitfeld instead ordered Ryan to include Sunset Lakes Associates in the suit. Cole said that meant starting over almost from scratch. A court date has not been set.

This is not the first time the city has tried to settle a case over excess fill. In March, Smith & Co., a Weston-based company, also sued, claiming it had the necessary permits to blast and sell its fill. The city and Smith agreed that the developer would pay the city $189,000 and sell it 91,000 cubic yards of fill at $2.63 per cubic yard for city projects. Smith dropped its suit and was allowed to sell its remaining fill for the next two years.

Residents like Larry Rockliff, president of the Country Club Ranches Homeowner Association, are leery of these settlements. Rockliff said before the city makes any concessions to developers, the damage to homes from blasting should be corrected.

Jose Dante Parra Herrera can be reached at jparra@sun-sentinel.com or 954-385-7907