An appeals court Friday cleared the way for the demolition of the old Silver Sands motel on Key Biscayne, rejecting a challenge from a nearby condo owner who said the 14-story tower would block its views. The parcel was sold for $205 million – an island record – but developers have said the investment in the Atlantic Ocean property will be much more.

The suit involved a due-process challenge to the way the Key Biscayne Village Council approved the 301 Ocean Drive project last October. The owner, an LLC managed by the family of the late billionaire Sheldon Adelson, argued it wasn’t given proper written notice of the meeting.

The Village argued it followed all the required legal steps.

The appellate court denied the challenge in an unsigned ruling without an opinion. Such a “per curiam” ruling likely ends the litigation, said appellate law expert Mark Hicks.

“A per curiam denial without a written opinion effectively precludes further appellate review,” he said, while noting that technically, owner Key Biscayne Park Acquisition can ask for a rehearing.

David Martin’s Terra Group expects construction to start in late 2026. The luxury condo will have 56 units, the same number of units at the motel it will be replacing. The acquisition price, confirmed last week, involves a partnership with Fortune International Group.

In Miami-Dade Circuit Court ,Judges Miguel de la O, Daryl Trawick, and Ramiro Areces hear a challenge to a new Key Biscayne zoning law adopted to allow a new luxury condo tower at the site of the Silver Sands motel, Thursday, March 27, 2025