Marlins Stadium Update No. M3
File this under: Nothing is ever simple when it comes to the ballpark.
Miami-Dade Circuit Court Judge Jeri Beth Cohen was all ready to slam the door on auto dealer Norman Braman’s case this afternoon, but we’ll have to wait until Oct. 2 for her final ruling.
That’s because the re-hearing period for the Florida Supreme Court ruling issued last week (the one Cohen was waiting for before deciding in Braman’s case if a referendum is needed on a portion of the financing for the $3 billion in Miami projects) doesn’t expire until then. Braman’s attorney Bob Martinez convinced Cohen to wait, saying he wants time to study the ruling and protect his client’s interest.
But that wasn’t before Marlins attorney Sandy Bohrer raised a fuss about any more delays.
“The time for the final ruling has come,” Bohrer told the court. “It’s over. The Supreme Court has ruled.”
But Cohen wasn’t having any of Bohrer’s arguments. She clearly wants to follow the Supreme Court, which after a re-hearing reversed its own opinion from a year ago and said referendums are not required to issue bonds for large public projects.
“I think the Supreme Court has pretty much spoken to us,” Cohen said.
Although she said she “will be absolutely shocked” if the state’s high court decides to re-hear the case a second time, she also didn’t see any harm in waiting.
“What’s the difference if I enter it today or on Oct. 2?” Cohen asked Bohrer. “I’m not going to change my mind.”
Cohen reminded the court that the Marlins, Miami-Dade County and city of Miami are already working on final agreements for the ballpark’s construction.
She also cautioned Martinez about appealing the referendum count.
“You can only appeal where the law’s not clear,” she said. “The law is very clear.”
After the hearing, Martinez said since the Supreme Court opinion isn’t final until the re-hearing period has expired, he wants time to review it.
“The fact of the matter is we are going to be appealing,” Martinez said. “The fact that the defendants think we’re going to lose, they’ve articulated that. They’ve said as recently as two weeks ago, they’re going to move forward. Let them move forward. They have to deal with the reality we’re going to appeal.”


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Comments
I'm with Braman, the stadium shouldn't be built with taxpayer money.
Posted by: Frank | September 24, 2008 11:20 AM
I'm with Braman, the stadium shouldn't be built with taxpayer money.
Posted by: Frank | September 24, 2008 11:20 AM
You know, Cohen SAYS she just wants to be absolutely sure...but when you put it together with everything else it really looks like she's grasping at straws at preventing this deal, though she does have a point that the Marlins are working on the final details anyway.
And kudos to her for warning Braman's attorney not to waste any more of the court's time. The law was SO clear on most of the other counts that even Cohen ruled quickly.
At the moment, it still looks like a win. I think the Marlins will get their bonds because the law is clear and Braman just looks like a griping old man upset that the land he wanted to develop is getting snatched away.
Posted by: Sean | September 23, 2008 4:24 AM