ileen Bicaba reflects on the past seven years of her life with sadness and frustration.
“It’s been a nightmare,” she said. Her home in North Miami has become a battleground against unrelenting flooding.
What was once a peaceful suburban retreat has since become a source of constant stress. For years, flooding has made Bicaba’s street impassable, damaging her backyard and causing mold and sewage backups. She now seeks justice and relief.
(Amelia Orjuela Da Silva for Biscayne Times)
The Citadel Plaza and SmartStop Self Storage developments have allegedly exacerbated the flooding due to "improper drainage systems."
North Miami, a coastal city vulnerable to rising sea levels and climate change, has long had drainage issues. But for residents of Northeast Third Court, the problem is no longer occasional; it’s a recurring disaster. Bicaba dates the beginning of the worst back to 2018, when a nearby development first touched down on her street. She claims flooding has worsened significantly since the Citadel Plaza Project — a large commercial development next door to Bicaba’s property — broke ground, followed by the neighboring North Miami SmartStop Self Storage development and the soon-to-come Delmas Homes Apartments.
THE LAWSUIT
(Courtesy of Eileen Bicaba)
Severe flooding in the Bicaba's backyard is seen here. Beneath the water lies a large porch, with only its pillars visible above the surface.
in January, Bicaba and her husband, Irenee, filed a lawsuit against the property owners. They accuse Citadel Plaza, LLC, Delmas Homes, LLC, North Miami Self Storage, and 135 Memorial LLC of negligence in stormwater drainage. The Bicabas argue that actions such as clearing and elevating the land led to severe water runoff onto their property, causing continuous flooding and significant damage.
Since 1994, the Bicabas have lived in their home without significant flooding, they say, with only a few exceptions.
“We had one instance during Hurricane Irma, but that was extreme,” Bicaba said. “It was never this routine. We’d never had to deal with this kind of flooding before.”
However, she continued, everything changed in 2018 when construction on the Citadel Plaza Project began at 13400 N.E. 3rd Court. South Florida’s heavy rain soon overwhelmed the neighborhood, and Bicaba’s property was one of the hardest hit.
(Amelia Orjuela Da Silva for Biscayne Times)
How the Bicabas' backyard looks without flooding.
According to the lawsuit, in 2020, 135 Memorial “cleared and elevated the land where the Storage Unit was built, causing more stormwater runoff onto the Plaintiff’s property.” The same year, the LLC also “cleared and elevated the Delmas Homes property without authorization, worsening flooding in the Plaintiff’s backyard and the street,” reads the complaint.
The Miami Times, sister publication to the Biscayne Times, contacted 135 Memorial’s owner, Jesus E. Flores, for comment. He stated he no longer owns the Delmas Homes or Self Storage properties and denied developing them. According to Miami-Dade Property Appraiser records, 135 Memorial sold the storage lot to North Miami Self Storage LLC, managed by Daniel Abreu of Abreu Development, in 2022, and in 2024, the project was completed and sold to SmartStop Self Storage.
(Courtesy of Eileen Bicaba)
Severe flooding instances have affected not only the Bicaba family, but also neighbors down the street. This is Bicaba's next-door neighbor's backyard.
Similarly, Flores denied ownership of Delmas Homes. Records show that the property was sold to Delmas Homes LLC in December 2024. According to Sunbiz, Abreu is the title manager for Delmas Homes and Citadel Plaza.
“My understanding is that this area has historically been prone to flooding and stormwater issues for many years,” Flores said in an email, further noting his disagreement with the complaint. He did not specifically address whether his company elevated the land before refusing further comment.
The Miami Times reached out to the other involved parties and their attorney, John C. Lukacs of John C. Lukacs, P.A., but received no response.
The lawsuit claims that defendants have installed multiple berms in attempts to reduce flooding, though Bicaba says they’ve been ineffective.
“It didn’t matter how small the rain was,” she said. “We flooded,”
(Amelia Orjuela Da Silva for Biscayne Times)
Delmas Homes' future development site and a berm that, according to residents, has broken several times, worsening the situation.
Last October, the North Miami City Council approved a site plan for Delmas Homes to develop an 18-unit building. According to the Bicabas’ complaint, the construction will worsen flooding and sewage spills on their property.
The city’s resolution identified 135 Memorial as the property owner, though it was around this time that the LLC was finalizing its sale to Delmas Homes LLC, adding complexities to the complaint.
While the lawsuit doesn’t name the city as a defendant yet, Bicaba’s attorney, Raul Gastesi Jr., said that could change depending on future investigations.
(Amelia Orjuela Da Silva for Biscayne Times)
Delmas Homes' site plan was approved by the city council in October 2024.
“That is something we are developing, and we have the right to bring the city in at any time if necessary,” Gastesi said. "We are retaining experts to help us with that, and I want to see what the defendants have to say and all of the communications between the defendants and the city, including their engineers.”
The lawsuit claims negligence, citing poor drainage and improper construction techniques that worsened the water flow. It argues that the flooding isn’t just inconvenient, but violates property rights and makes the home “uninhabitable.”
“The bottom line is that you have to understand that you have to contain water on your property under Florida law and the common law,” Gastesi said. “You can't flood somebody else's property.”
The Bicabas are seeking an injunction requiring 135 Memorial to cure and abate the flooding on their property, along with damages exceeding the sum of $75,000. The complaint further requests a trial by jury.
BICABA’S EFFORTS WITHIN THE CITY
(Amelia Orjuela Da Silva for Biscayne Times)
The Bicabas say they have experienced significant flooding since 2018, when new construction began on their street.
Bicaba’s daily life is filled with anxiety.
“Every time it rains, I wonder, ‘Is this going to be the big one?’” she said.
Her family struggles with impassable roads and limited mail delivery. Despite investing in repairs like French drains and sump pumps, the flooding continues, damaging their AC, kitchen cabinets and even the house’s structural stability.
Bicaba said she has contacted every city official since 2018, prepared presentations, and lobbied for drainage funds in Tallahassee, but progress has been slow. After writing to the county complaining about the city's inaction, in an email titled “sold and abandoned,” the city finally cited the Citadel for flooding — seven years after the issue started.
The notice informs Citadel that it violates the City of North Miami Code. It set a hearing for April 2, 2025, noting a “public deficiency in the water/drain retention system.”
(Amelia Orjuela Da Silva for Biscayne Times)
The Bicabas keep sandbag supplies in their backyard for rainy days.
Bicaba criticized the city for breaking its promises to improve drainage, citing a 2022 commitment: The NE 3rd Court Stormwater Drainage Improvements project, scheduled for 2023-2024, is still in the design phase as of 2025, with construction expected to finish by June.
Bicaba’s frustration peaked when she attempted to return home during a rainstorm, only to find her house flooded.
“I had to go back out in the floodwaters to put sandbags in place,” she said. “The flood water was so high that the sandbags displaced the water into the house. I was so overwhelmed that day that I wept.”
Bicaba shed tears at a city council meeting, pleading with officials to “stop flooding her.” Several neighbors have joined her in the fight.
(Courtesy of Eileen Bicaba)
Northeast Third Court flooding has been constant for years.
Jose Rivera, who has lived on Third Court for over 35 years, agrees with Bicaba that the flooding began after Citadel Plaza’s construction started. He expressed frustration with the city’s failure to review plans and address drainage issues properly.
“The first step you take is to tell the developer, 'Okay, I see your plans. I understand what you want. But listen, we gotta put in a drain system because you're gonna flood this block. Let's start with the drain system first, then we'll allow you to build.' No. Everything just gets passed, passed, passed,” said Rivera.
Rivera shared his ongoing anxiety about the flooding.
“You’re at work, and you’re scared,” he said. “It’s terrifying,”
“The city approved all of this. They never protected us, and it doesn’t matter what we said. They ignored us,” Bicaba said.
(Amelia Orjuela Da Silva for Biscayne Times)
The storage house in the Bicabas' backyard has rotted due to flooding events.
The Miami Times contacted City of North Miami Mayor Alix Desulme and Councilwoman Mary Estime-Irvin, who represents the area where the Bicabas live. However, the communications department said they cannot comment on any active litigation.
Though still in its early stages, Bicaba hopes her lawsuit will address damage to her home and highlight what she sees as the government’s and developers’ failures to protect the community.
“We have to be properly compensated, not just for the damages but for the hell we’ve lived through for seven years,” Bicaba said. “We’ve lost the ability to use our home. Our property rights have been violated, our human rights have been violated. Every one of our rights has been violated.”
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(Amelia Orjuela Da Silva for Biscayne Times)
Sandbags are placed at one of the doors of the Bicabas' house to prevent water from entering.
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(Amelia Orjuela Da Silva for Biscayne Times)
The Bicabas had to replace their entire kitchen and install rebars, as the damage from the flooding events was irreparable.
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(Amelia Orjuela Da Silva for Biscayne Times)
Jose Rivera's house on Third Court. Rivera has experienced the flooding events and noted how difficult the situation has been since 2018.
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(Courtesy of Eileen Bicaba)
A Google Earth map shows the previous look in 2017 before construction began.
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(Courtesy of Eileen Bicaba)
Eileen Bicaba