Jul 15, 2008 10:46 pm US/Eastern
Financial Planning Center Stage In Megaplan Trial
Braman: Only A Public Vote Will Bring A Settlement
County Manager George Burgess Is Expected To Take The Stand Wed.
MIAMI (CBS4) ―
The nature and structure of financial plans and market values took center stage in day 2 of the trial over the financing structure of the $3-billion Megaplan for downtown Miami.
Former state attorney Bob Martinez, representing auto dealer Norman Braman, who brought the suit, argued Tuesday that the city and Miami Dade County orchestrated the plan so as to avoid having it brought before voters for approval.
Experts took the stand explaining what they thought the economic impact would be.
"It has got a slim to none chance of stimulating economic activity in the neighborhood area around the stadium," testified Dr. Phillip Porter, a sports economic expert.
Braman has called the "Megaplan" deal a classic Robin Hood deal in reverse, with the government taking from the poor to give to the rich. Braman himself took the stand briefly on Monday.
"I have always been opposed to the use of public funds for the construction of the stadium," said Braman while on the stand.
His testimony was cut short when Judge Jeri Cohen ruled that much of what Braman wanted to say on the stand was considered inadmissable.
Tuesday on the stand, county Finance Director Rachel Baum defended Miami Dade's part of the plan and explained how it was put together.
City and county officials plan to expand two community redevelopment taxing districts and then use the money to build a port-to-interstate tunnel and do a number of other civic improvements. In doing so, they would be able to free up money to help the Florida Marlins build a retractable roof stadium at the former Orange Bowl site.
"What you get at the end of the day is really one big shell game," said Martinez in his opening statements on Monday. "The community and the neighborhoods don't get it. It goes to the Marlins."
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.
Attorneys for the city, Miami-Dade County and the Marlins say the Megaplan is a legitimate use of tax dollars for a public purpose, one that was approved by several government bodies and 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."
"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.
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