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County to withdraw challenge to Greater Miami Expressway Agency order, commissioners say
Summary
The Miami-Dade County Commission voted to accept a court order affecting the Greater Miami Expressway Agency (GMX) and to direct the county attorney to stop further litigation, in a move commissioners said will allow work with GMX on pending projects.
Miami-Dade County commissioners voted on Feb. 11 to direct the county attorney to accept a trial-court order regarding the Greater Miami Expressway Agency Act of 2023 and to withdraw the county from current litigation challenging that law.
Supporters of the motion said withdrawing would allow the county and GMX to move forward on stalled projects and negotiations. Commissioner Alex Diaz de la Portilla moved the action; it was seconded on the floor and approved by the commission.
The motion asked the county attorney to accept the trial-court order entered Sept. 25, 2024 in case no. 2021-024025 and to “voluntarily withdraw any pending motion” and dismiss any county appellate participation, while directing the attorney to memorialize the action in a resolution. Commissioners said the motion does not change the county’s position on home-rule powers in general and that the move was intended to “move beyond the current dispute” and restart cooperative work with GMX.
During debate, some commissioners pressed for clarity about the status of appeals and rehearing motions; the county attorney explained there was a motion for rehearing that had held the appellate timeline in abeyance and that withdrawing it would allow appeals to proceed (or not) as permitted by the courts. Commissioners who supported the motion said the withdrawal of county participation in litigation would help restart land-swap and right‑of‑way conversations with GMX and MDX.
The motion passed on a voice vote. Commissioners said the clerk of the board would transmit a certified copy of any resolution memorializing the action to GMX’s executive director and chair.
Why it matters: Commissioners framed the vote as a pragmatic step to resume planning and construction on projects that involve state‑owned expressway components inside the county. The action removes an ongoing source of litigation risk between the county and the newly created GMX authority, according to commissioners and staff.
