Local News

Judge Delays Ruling In Marlins' Ballpark Plan

Judge Will Issue Decision On Oct. 2nd

Braman Wants Plan To Go Before Public Vote

MIAMI (CBS4) ― Auto dealer Norman Braman has to wait a little longer before learning whether or not he'll win or lose his challenge against Miami-Dade County over a financing plan which includes funds for a new multi-million dollar stadium for the Florida Marlins at the site of the old Orange Bowl in Little Havana.

Miami-Dade Circuit Court Judge Jeri Beth Cohen announced Monday afternoon that she will rule on the financing plan on October 2nd. 

Braman's lawsuit contends the County's Megaplan proposal improperly diverts money intended to fix urban blight and should be put to a public vote.

Judge Cohen, however, indicated a favorable ruling for the City of Miami and Miami-Dade County that a referendum is not required to move forward with the Megaplan projects.
 
The judge said she'll delay her ruling until time runs out on final appeals to a Florida Supreme Court decision, which was made last week.

In that decision, the high court members announced they were reversing its earlier decision which required voter approval when spending large amounts of community redevelopment funds. The high court ruled it made a mistake by requiring voter approval for billions of dollars worth of local redevelopment projects. Judge Cohen won't issue her final decision until the automatic rehearing period ends.

The Megaplan project includes construction of a new $515 million, 37,000-seat, retractable-roof stadium for the Marlins. It also includes plans for construction of a tunnel to the Port of Miami, a park at Bicentennial Park, the payoff of a large construction debt at the Adrienne Arsht Center for the Performing Arts and possibly the creation of a streetcar system.

Earlier this month, Cohen ruled that the new stadium would serve a 'paramount public purpose'; a key criteria in allowing a controversial city-county financing plan to build the stadium to go forward.

Miami Mayor Manny Diaz has been adamant in his fight for the stadium saying the plan does not use taxpayer dollars. "It is tourist tax dollars, from people coming here from Wisconsin. We keep saying that taxpayer money and dollars will be used – they're not!" Mayor Diaz put his foot down last week when he said, "This constant reference that the money could be spent for something else. It is just not true."

Braman claimed the City of Miami and Miami-Dade County had not proved the new stadium would benefit the area, that the Marlins would be able to meet future obligations under the agreement, and claimed the Marlins were getting what he called a 'sweet deal' under the plan.

But in a 41 page ruling issued September 9th, Judge Cohen said Braman's claims were debatable.

"Evidence concerning the revitalization of Little Havana, the effect on tourism resulting from jewel events and national broadcasting, the entertainment value of the stadium and its effect on civic pride and social cohesion, the ability of the stadium to retain and induce businesses to reside in South Florida are all issues of great debate," Judge Cohen wrote.

"The Plaintiff has failed to meet its burden and, therefore, failed to convince this Court that such determinations by the Commission and the witnesses at trial are not, at least, "fairly debatable."

Judge Cohen also disagreed with the claim that the city and the county would not see significant economic benefits from the stadium.

"The building of the stadium utilizes land that would otherwise lay bare, and the City of Miami will collect at least $200 million in parking revenues over the course of the Marlins' lease," Judge Cohen wrote. "…it is just as reasonable to believe that businesses will come into the area immediately surrounding the stadium as to believe that they will not."

In making its argument that the stadium deal was part of a paramount public purpose, attorneys for Miami-Dade County argued that without it the region might lose the Marlins, which loses its rights to play at Dolphin stadium in just 2 years. Lack of a stadium would leave the team homeless, the county argued, and likely to leave the area.

Judge Cohen ruled that argument was valid.

"Regardless of how likely such a move actually is or was, it is certainly reasonable for County officials to believe the Marlins might leave Florida that without the (agreement), Judge Cohen said. "It is also reasonable for them to believe that if the Marlins left, the County's reputation and image would suffer."

Judge Cohen said the county's purpose was served by its efforts to use the stadium, and the agreement to keep the Marlins in South Florida, as an effort to build civic pride.

"By building the stadium, the County seeks to improve civic pride and camaraderie. In changing their name from the Florida Marlins to the Miami Marlins, both the City of Miami, the largest city in the County, and the County will benefit with respect to branding and image building. As Mayor Alvarez told the County Commission, "That publicity you can't put a price tag on. It's a good global public relations coup for us every time the name is mentioned."

Braman has previously indicated he would appeal any negative decision issued by the high court justices.

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