Jul 16, 2008 8:36 pm US/Eastern
County Says Business Community Supports Megaplan
Braman: Only A Public Vote Will Bring A Settlement
County Manager George Burgess Is Expected To Take The Stand Wed.
MIAMI (CBS4) ―
The lawsuit between auto dealer Norman Braman, and the city of Miami and county continued in court on Wednesday, with Miami-Dade county manager George Burgess taking the stand.
Burgess argued citizens and civic leaders have had a chance to weigh in on the topic for years.
"Essentially, the entire business community has shown its support," Burgess said.
The city and the county see the planned stadium as a key piece to help the area restore some of its image in the tough economic times.
Braman argues the voters must vote on the issue. "We are in a recession and a financial meltdown, some say, and to do this now, it is just wrong," Braman said.
On Tuesday, former state attorney Bob Martinez, who represents auto dealer Norman Braman, argued the city and Miami Dade County orchestrated the plan so as to avoid having it brought before voters for approval.
On Tuesday 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 on Tuesday when Judge Jeri Cohen ruled that much of what Braman wanted to say on the stand was considered inadmissable.
Also on the stand Tuesday, 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.
"I think it would be embarrassing for the franchise to leave Miami-Dade County," Miami-Dade mayor Carlos 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.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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