Jul 15, 2008 8:56 am US/Eastern
Day 2 In Court Battle Over Marlins Stadium
Braman: Only A Public Vote Will Bring A Settlement
Judge Found Much Of What Braman Wanted To Say Was Inadmissable
MIAMI (CBS4) ―
It's expected to be another fiery day in court as those for and against Miami and Miami Dade County's "Megaplan" square off in front of a judge.
Testimony began Monday in the Florida Marlins Stadium Trial, with the man bringing the lawsuit taking the stand briefly, calling the "Megaplan" deal a classic Robin Hood deal in reverse, with the government taking from the poor to give to the rich.
"I have always been opposed to the use of public funds for the construction of the stadium," Braman said when he took the stand briefly Monday.
His testimony was cut short when Judge Jeri Cohen hearing the case ruled that much of what Braman wanted to say on the stand was considered inadmissable.
Braman sued to stop the progress of a $3 billion so-called Megaplan, which city and county commissioners approved last year to build a new Marlins stadium in Little Havana, a port tunnel and a slew of other projects.
"What you get at the end of the day is really one big shell game," said former state attorney Bob Martinez in his opening statement. "The community and the neighborhoods don't get it. It goes to the Marlins."
Attorneys for the city, Miami-Dade County and the Marlins countered that the plan marked a legitimate use of tax dollars for a public purpose, one that was approved by several government
bodies and that shouldn't be overturned by a judge.
"We attracted the Florida Marlins. We're going to keep the Florida Marlins," said David Hope, an assistant county attorney. "And there is a price for doing that."
They also said no voter referendum is required under the law.
In a video taped deposition, Miami-Dade County Mayor Carlos Alvarez, testified that there is immeasurable "civic pride" in having the Marlins and that losing the team for failure to build a ballpark would be a major blow to Miami's image.
"I think it would be embarrassing for the franchise to leave Miami-Dade County," Alvarez said in a video deposition. "I wouldn't want to see that."
Braman's suit was supposed to go to trial last week, but Judge Cohen ordered both sides to try to negotiate a settlement out of court.
On Friday, negotiations between Braman and representatives from the city and county failed to yield results.
Saturday, Braman and a small group of people supporters protested the billion-dollar plan on Watson Island across from the Port of Miami, one of the beneficiaries of the Megaplan's millions. City officials want to use community development funds to help build a port-to-interstate tunnel and other civic improvements, freeing money to help the Marlins build a stadium at the former Orange Bowl site.
In his suit, Braman claims the plan violates taxpayers' rights on several levels and only an agreement to have the public vote on it would make him settle his lawsuit.
In addition to a public vote, Braman would like to see some of the terms of the Megaplan changed to give more control of the new baseball stadium to the city and county.
Under terms of the current plan, the Marlins control what activities can go on at the stadium for all but 16 days of the year. The Marlins must also agree to any event held at the stadium and receive profits from any concert or event held there. Braman also wants increased profits paid to the county if Jeffrey Loria sells the team before their 30 year contract expires. The auto dealer would also like to see some of the Community Redevelopment Agency money in the plan to go towards a community center with a computer lab and basketball courts built near the stadium.
Braman has his supporters on the Miami Dade Commission including Javier Souto who was so angry over the push to approve the stadium plan that he ripped the proposal in half the night the vote was taken.
"This is a disgrace to the democratic process, what we're doing here today," Souto told his fellow commissioners, "we're not consulting with the people."
City and county government officials say the mega-plan project will benefit a community that is in need.
"The way I see it, we're not building a stadium for the Marlins," Alvarez said before the city vote. "We are building a stadium for Miami-Dade County residents. We are going to own that stadium."
The Marlins hope to begin playing at the new 37,000-seat stadium in 2011.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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