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Marlins Stadium Update No. M6

Miami-Dade Circuit Judge Jeri Beth Cohen threw another curve in court today.

After showing the proceedings in two Florida Supreme Court hearings on video in the courtroom, Cohen said she’s decided to hold off on ruling on the referendum portion of auto dealer Norman Braman’s lawsuit, until the court rules in those cases. The two cases deal with the issue of using property tax dollars to pay off bonds on public projects long term without a public vote.

Cohen said she believes the “spirit” of the cases applies to the issue she’s considering in the Braman case: whether a public vote is required on the use of property tax dollars generated in Miami’s Community Redevelopment Agency districts – meant to improve impoverished neighborhoods -- to pay off bonds on Miami projects, including debt on the performing arts center.

The $515 million Marlins ballpark is tied to the $3 billion in Miami projects – at least on paper – because the financing plan for the projects says use of the property tax money will free up hotel bed tax dollars for the ballpark. Whether the ballpark financing would be up for a vote is up for debate, since it doesn’t rely on property tax dollars (other than $50 million in general obligation bond funding that was already the subject of a referendum). Braman wants the public to vote on all the projects.

It’s unclear when the Supreme Court may rule. It’s on recess until next month and isn’t expected to issue a ruling before Aug. 28. Three members will be off the court by January.

An impassioned and occasionally fiery Cohen told the court why she was delaying her ruling. She said without the Supreme Court’s decisions, the law is unclear. She said the court got itself into a “quagmire.”

“I know you’ve got to start building your stadium,” Cohen told attorneys for the Marlins, city and county. “I don’t know what the law is and neither do you.”

Cohen said she would not change her mind, but would write to the court to ask when it might rule. Cohen is up for re-election in late August – meaning it’s possible she could be out of office by the time the court rules.

Braman said he was pleased with Cohen’s decision to weigh the decision carefully. Team, city and county attorneys were annoyed and urged Cohen to rule.

“I think your obligation is to rule now and take your chances,” Marlins attorney Sandy Bohrer said. Bohrer said a delay “hurts my client but helps Mr. Braman.”

Marlins President David Samson wasn’t commenting today, but it’s possible he might say something if the case wraps up Wednesday. Cohen has scheduled closing arguments and may rule on whether the stadium serves a “paramount public purpose,” or is, as Braman alleges, use of public dollars to subsidize a private enterprise.

POSTED IN: Florida Marlins (45), Marlins Stadium Updates (42)

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Comments

Sean, that was great. Nice work. I hope your right and this plan to steal money for baseball is stalled until the Marlins have no choice but to leave town. Good Riddance!

Ugh. Just ugh. What is this judge ON?

Here's a WILD idea. READ THE LAW AND MAKE YOUR OWN RULING. Now, Cohen wants the Supreme Court to make the ruling for her.

Meanwhile, this delay makes the stadium more expensive and just wastes everyone's time. It's hard not to wonder if she thinks the law favors the Marlins, and thus wants to delay the project so long that the construction would extend past the end of the Marlins lease at Dolphin Stadium.

It's a courtroom. One side argued a point. The other side argued another point. There are laws that apply. Read them, and make a decision.

If she's scared to make a ruling that's wrong, she shouldn't be. We all know that either side will appeal if they lose. Go ahead and rule in favor of the Marlins so they can start issuing bonds, and let the appeal process take its course.

How shall I say goodbye to the Marlins stadium chances now?

Let's see.

Goodbye
Bye-bye
Bye
Buhbye
Talk to you later
Ta ta for now
Ciao
Sayanora
Kamsahamnidah
See ya
Live long and prosper
Cheerio!
Out
So long
Farewell
Bon voyage
Aloha
Shalom
Peace out
Adios
Arrivaderci
Do svidanja
Au revoir
Hasta la vista
Fare thee well
Auf Wiederhören
That is all.
In a while, crocodile!
Cheers
Na-na-naa-na, hey hey hey, Goodbye!
Not now, brown cow
Hasta luego
And of course ... Go (bleep) yourself, San Diego.

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About the Author

SARAH TALALAY
After a decade as a news reporter in New Jersey, Southern California, Chicago and South Broward, Talalay decided to trade in covering meetings about city government and schools for meetings about sports deals and stadium finance...
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