The Future
07-15-2008, 12:05 AM
Court Battle Begins In Marlins Stadium Suit
Braman: Only A Public Vote Will Bring A Settlement
Judge Found Much Of What Braman Wanted To Say Was Inadmissable
MIAMI (CBS4) ― 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.
After being ordered to negotiate some sort of settlement, auto dealer Norman Braman's lawsuit against the City of Miami and Miami Dade County headed back to court on Monday morning.
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.
"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.
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 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," County Mayor Carlos Alvarez said before the city vote. "We are building a stadium for Miami-Dade County residents. We are going to own that stadium."
The $3-billion plan also includes a tunnel to the Port of Miami, a downtown trolley and pay off $484 million of construction debt at the Adrienne Arsht Center for the Performing Arts.
The Marlins hope to begin playing at the new 37,000-seat stadium in 2011.
The trial will continue Tuesday, and is expected to take up to 2 weeks.
," County Mayor Carlos Alvarez said before the city vote. "We are building a stadium for Miami-Dade County residents. We are going to own that stadium."
FOP This comment by the county mayor is disturbing. "we are going to OWN the stadium". What actions are being taken to prevent us from losing another peice of land to the county. We already lost the PAC, The airport, and the port of miami. What's next the AAA areana
Braman: Only A Public Vote Will Bring A Settlement
Judge Found Much Of What Braman Wanted To Say Was Inadmissable
MIAMI (CBS4) ― 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.
After being ordered to negotiate some sort of settlement, auto dealer Norman Braman's lawsuit against the City of Miami and Miami Dade County headed back to court on Monday morning.
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.
"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.
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 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," County Mayor Carlos Alvarez said before the city vote. "We are building a stadium for Miami-Dade County residents. We are going to own that stadium."
The $3-billion plan also includes a tunnel to the Port of Miami, a downtown trolley and pay off $484 million of construction debt at the Adrienne Arsht Center for the Performing Arts.
The Marlins hope to begin playing at the new 37,000-seat stadium in 2011.
The trial will continue Tuesday, and is expected to take up to 2 weeks.
," County Mayor Carlos Alvarez said before the city vote. "We are building a stadium for Miami-Dade County residents. We are going to own that stadium."
FOP This comment by the county mayor is disturbing. "we are going to OWN the stadium". What actions are being taken to prevent us from losing another peice of land to the county. We already lost the PAC, The airport, and the port of miami. What's next the AAA areana