Jul 18, 2008 7:52 pm US/Eastern
Judge May Send Marlins Stadium Decision To Voters
Judge Cohen Will Decide On Braman's Request For A Public Vote On The Construction Plan For The Ballpark
MIAMI (CBS4) ―
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Norman Braman With His Attorneys Suing Miami-Dade over issues that include public money to fund a baseball stadium.
CBS
The Florida Marlins' hopes for a new ballpark in Miami were in renewed jeopardy Friday night.
A Miami-Dade circuit judge says it appears case law may demand that those ambitious plans be put to voters for their "yes" or "no" verdict. Just this week, CBS4 News reported on a survey that indicated a majority of those polled think a new $515 million dollar ballpark would be a "bad investment."
The stadium plan, already approved by Miami and Miami-Dade elected officials, would largely be funded with tourist tax dollars. Moreover, special community development money—bond financing—would pay for a far larger three billion dollar makeover of Miami. Now all of those blueprints could be put on hold, because a lawsuit filed by auto tycoon Norman Braman is gaining traction.
Judge Jeri Beth Cohen acknowledged as much, noting that existing Florida case law says if tax dollars are tied up in a financing package---even indirectly—then voters must have a say in the matter. Judge Cohen put lawyers on alert in court Friday. She said, "I am not ruling today, but I am telling you where I am going. I think it's important."
Braman's lawyer, Bob Martinez, is optimistic about the signals the judge is sending. He told CBS4's Michael Williams, "When you structure financing schemes to try and do something indirectly that law prohibits you from doing directly, that is a legal fiction."
However, some parts of the suit were thrown out by Cohen. No longer allowed in the suit is Braman's claim that Miami-Dade County commissioners had no authority to reallocate $50-million in voted-on bond money to the stadium. Also dismissed was Braman's position that those who bought construction bonds for the Adrienne Arsht Center for the Performing Arts were misled when county leaders crafted the megaplan.
The lawsuit, brought by auto dealer Norman Braman, challenges the legality of the $3-billion community development package, which includes the new stadium for the Marlins in Little Havana.
The Marlins' lawyers, led by Sandy Bohrer, read the Florida Constitution differently, saying there is no need for a public referendum on the ballpark. After leaving the courtroom Bohrer remarked, "They are not entitled to a referendum, because the constitution doesn't require it. Also this is without a doubt a paramount public purpose. This is what governments do. They build things like this, not just stadiums but all sorts of things so the public can have use of them."
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CBS4/Miami Herald news poll found 57-percent of those surveyed said building a new stadium for the Florida Marlins is "a bad investment for Miami-Dade taxpayers." Only 37 percent of voters believe the stadium is a good investment.
In the courtroom on Thursday, attorneys representing Braman hammered Samson on the fact that while the Marlins are a major league team, they are minor league when it comes to game attendance.
"Is it not so that the Marlins are last in attendance," asked Braman's attorney. "Yes," replied Samson, "which is why we need a new stadium."
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.
Earlier in the week, Miami-Dade County Manager George Burgess disputed Braman's claim that the public did not have a say in the plan; he testified that citizens and civic leaders have had a chance to weigh in on the topic for years.
On Tuesday, former state attorney Bob Martinez, who represents Braman, argued the city and Miami Dade County orchestrated the plan so as to avoid having it brought before voters for approval.
Braman has referred to the Mega plan as 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.
Under the Megaplan, city and county officials will 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.
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.
Attorneys for the city, Miami-Dade County and the Marlins say the Mega plan 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. 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 arguments in Braman's lawsuit are not finished yet, and the judge could still reverse field before issuing a final ruling. Either way, the whole matter is certain to be appealed, and that prospect would dim the hopes of the Marlins to have a sparkling new ballpark ready for opening day in 2011.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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