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.
CRAIG DAVIS In more than 33 years at the Sun Sentinel, Craig Davis has written about a wide variety of sports topics from baseball to yachting, fishing to triathlons, and also worked as a copy editor and page designer. Recently he reported on local sports, including running, swimming, cycling, equestrian and beach volleyball. He enjoys sports as a participant as well as a spectator, is active in the South Florida running scene plays in the curling club at Saveology Iceplex. This blog offers a glimpse at the business side of sports in the interest of enhancing enjoyment of the games and sporting options as a spectator as well as a participant.