Random thoughts and tidbits from the trial in the lawsuit filed by auto dealer Norman Braman against Miami-Dade County, the city of Miami and the Marlins over a plan to finance $3 billion worth of projects, including the Marlins' proposed $515 million ballpark:

First: if you haven't read my colleague Mike Berardino's notes from Tuesday's All-Star Game, read them here. MLB officials remain optimistic about the Marlins opening their new ballpark at the site of the Orange Bowl in 2011, but they are a tad concerned about the timing, particularly with the ongoing lawsuit.

What if: What will happen if the ballpark isn't ready in time for the 2011 season? Unclear. The team's lease expires after the 2010 season and Dolphin Stadium officials have previously said the team won't be kicked out if its new home isn't ready. Asked about this issue during the trial Wednesday, Miami-Dade County Manager George Burgess said "My assumption is they'd either renew their lease or it would be up to them and Major League Baseball to find an alternative place to play."

While much of the testimony has focused on the intricate details of bond financing, requirements for public referendums, "paramount public purpose," and ad valorem taxes, there have been some moments of levity.

Oscar v. Super Bowl: During his testimony about the economic benefits of a publicly-financed baseball stadium, University of South Florida economics professor Philip Porter compared stadiums to movie theaters to show that private enterprises don't deserve public dollars. Even though he has repeatedly disputed the economic benefits of Super Bowls and other large events, he acknowledges he is a sports fan who loved attending Super Bowl III at the Orange Bowl when he was growing up in Miami.

The movie theater comparison prompted Assistant County Attorney David Hope to ask Porter what was the last movie he saw in a theater. Practically stumped for an answer, Porter said, "Oh, I don't know...Ben-Hur." The answer elicited laughs from the courtroom.

Hope was questioning Porter about determining quality of life issues. He acknowledged that Ben-Hur, released in 1959, won an Academy Award and wondered which Porter received more enjoyment from - the movie or Super Bowl III? Porter said Super Bowl III.

"Ben-Hur won an Oscar and you still remember Super Bowl III," Hope said.

"It had nothing to do with public subsidies," Porter said.

Dueling cell phones: At one point Wednesday, a cell phone chirped -- a no-no in court. Burgess pointed out the culprit was his wife. Judge Jeri Beth Cohen gave Mrs. Burgess a pass.

She wasn't so lenient with Braman attorney Bob Martinez, whose phone cell phone also began ringing. "Mr. Martinez," Cohen admonished: "Mrs. Burgess's wife is not usually in court."

A red-faced Martinez chuckled about his Bob Marley-playing phone.

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After hours of intricate technical debate over public financing, Florida Supreme Court decisions, public referendums, the definition of “pledge” and whether the Miami Community Redevelopment Agency has taxing authority (really exciting stuff!), things got a little more spirited in the courtroom Monday afternoon.

When auto dealer Norman Braman -- plaintiff in the case against the financing for a Marlins ballpark and other Miami projects -- took the stand at the end of the first day of the trial in Miami-Dade Circuit Court, that’s when things got interesting.

Braman told the court he didn’t believe public tax dollars should be used to fund a private enterprise – and ballplayers’ salaries – without a vote of the public. He also raised an issue his attorneys had spent a lot of time questioning public officials about: the financial wherewithal of the Marlins. Too bad Judge Jeri Beth Cohen agreed with Marlins attorney Sandy Bohrer that the team’s finances were irrelevant to the case.

But not before Braman and his attorneys made their point about the team’s financial health.

“I’m opposed to the baseball stadium for a lot of reasons,” Braman said. “I know the Marlins do not have the financial capacity…”

But Braman was cut off by Bohrer, who repeatedly objected to questioning about the team’s finances and admitting into evidence a document Braman says he received from Marlins President David Samson in 2003. The Marlins were seeking local investors at the time and the document was said to include financial data about the team.

Braman attorney Bob Martinez said the document shows the team was $150 million in debt and had no equity. Braman later slipped in that he turned down the team’s request to invest because “I could not invest in a company that had $163 million…” but he was again cut off.

Martinez halted his questioning and team, county and city attorneys refused to cross-examine Braman.

After court ended for the day, Samson said he had "no recollection" of the document he is said to have shared with Braman. "There’s nothing to talk about. It’s not allowed in evidence. There’s just nothing to say," Samson said shaking his head over the court proceedings. "It’s just a lot of taxpayer money going to waste right now."

Other testimony during the day – shown via video -- focused on whether public officials had questioned the Marlins about their finances, ever asked to look at their books and if they knew why the Marlins need public money for a stadium.

“My understanding is they can’t afford it,” County Mayor Carlos Alvarez said, when asked why the team needed tax dollars for its proposed $515 million ballpark at the site of the Orange Bowl.

The trial resumes Tuesday morning with witnesses expected to include Miami-Dade County Manager George Burgess and perhaps Samson.

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Unless auto dealer Norman Braman has a giant change of heart, his lawsuit is going to trial Monday morning.

Miami-Dade Circuit Court Judge Jeri Beth Cohen ordered the parties into mediation talks Thursday afternoon to try to settle the case, in which Braman is suing the Marlins, Miami-Dade County and the city of Miami over a plan to fund $3 billion worth of Miami projects, including a ballpark.

But formal talks were stalled as of Friday. And on Saturday morning, Braman told a rally of supporters on Watson Island he won’t settle unless there’s a public vote on the city-county plan. (I was not at the rally, but spoke with someone who was). Fewer than 100 people attended the rally organized at Watson Island precisely because it’s one of the areas the city and county want included in an expanded Community Redevelopment Agency district (meant to include areas of “slum and blight”) to generate millions more in property tax dollars to help fund the city-county projects.

Braman has said he would drop his lawsuit if the public was allowed to vote on the financing for the $515 million ballpark and the other projects. He objects to funneling dollars meant to revitalize neighborhoods into paying off construction debt for the performing arts center. He wants voters to have a say.

The county, city and Marlins believe they can win the case – several rulings have stripped some key arguments from Braman’s case – and they don’t believe a referendum is necessary.

I’m told settlement talks had included a variety of options, such as projects that would improve neighborhoods, increasing the percentage the community would receive if the Marlins were sold and providing more public access to the ballpark to be built at the site of the Orange Bowl. Those ideas appear to be off the table.

More on Monday…

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The Miami courtroom was packed Thursday afternoon in anticipation of opening statements in the lawsuit filed by auto dealer Norman Braman that targets the financing for the Marlins ballpark.

But Miami-Dade Circuit Court Judge Jeri Beth Cohen surprised everyone by ordering the sides back into mediation – talks had taken place Tuesday and Wednesday without reaching agreement – to try to reach a settlement. She said the trial would resume Monday morning, meaning it’s possible a settlement could be close.

Braman has said he would drop his suit if the financing for the $515 million ballpark were put to a public vote. That’s not something the defendants – the Marlins, Miami-Dade County and city of Miami – will support. County Manager George Burgess, who was set to testify in the case Friday, said as much Thursday, when asked by a reporter if he’d agree to a referendum.

“Why?” was all Burgess said.

Both sides seem willing to continue talking, but they weren't revealing what a possible settlement might entail.

“If we could work out something that’s positive for the community, that’s been my objective from the very outset,” Braman said. “If it makes sense for the community and makes sense for everybody, I certainly have no objection to it.”

What Braman objects to, among other issues, is the way the city-county plan to fund $3 billion worth of projects by expanding Miami’s Community Redevelopment Agencies (CRA) to generate millions in special property tax dollars directs some of those tax dollars to pay down debt on the performing arts center. Those CRA dollars are meant to be used to revitalize areas deemed “slum and blight.”

The Marlins, county and city believe they can win the suit, but whoever loses is expected to appeal. And Braman could take the issue to the Florida Supreme Court.

The team hopes to break ground for the 37,000-seat ballpark at the site of the Orange Bowl in November. While the county could issue the bonds to pay for construction while the case is still in court, it’s not only unlikely, but who would buy those bonds? A delay is also expected to drive up the cost of the ballpark.

The Marlins' lease at Dolphin Stadium expires after the 2010 season.

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Against the backdrop of the rubble that once was the Orange Bowl stadium, the Marlins made what they hope is viewed as their boldest statement of commitment to South Florida to date: the “official” signing of shortstop Hanley Ramirez to a long-term contract.

On a hot and dusty field across the street from the OB site in Little Havana -- the scoreboard is all that remains standing from the 70-year-old former home of the Dolphins and Hurricanes – the Marlins held a choreographed announcement Saturday that included politicians, Little Leaguers, Billy the Marlin and even members of the Manatees, the team’s burly men’s dance troupe.

Ramirez, who signed a six-year, $70 million contract, arrived on a bus and was greeted with cheers and the ding of a cowbell. Marlins officials said all the right things about making a commitment to the community because a new stadium “will” be built.

They insisted the out of character move was about signing a “special” player who will be part of the Miami Marlins – which will become the team’s new name when it moves to a new ballpark, the team hopes in 2011. They do not have any other long term contracts in the works at the moment, however.

They say it had nothing to do with appeasing some politicians who have been expressing reservations about the deal the city and county approved in February to fund a $515 million ballpark and $94 million parking garage. Final stadium documents need the approval by July 1 of two-thirds of Miami-Dade County Commissioners (nine if 13 members are present), rather than a simple majority.

“It has to do with signing a player we want to be here when we open the stadium and we will open a stadium here,” Marlins owner Jeffrey Loria said emphatically. “It has nothing to do with smoothing anything. We don’t run our business based on politics, we run our business based on the baseball department and our baseball people thinking what they think and making recommendations.”

But it was abundantly clear the Ramirez deal would not have come without a ballpark deal in hand.

“I think the stadium obviously changes the equation,” Loria said. “Clearly, the city have voted yes, the county has voted yes. And the leaders have made their statements and with the stadium coming on now, it does change the future. Clearly.”

The pols who did show – Miami Mayor Manny Diaz; City Commissioner Angel Gonzalez; City Manager Pete Hernandez; County Commission Chairman Bruno Barreiro; Hialeah Mayor Julio Robaina – are all supporters of the stadium.

“I think clearly this does show the ownership is investing in the future of this ballclub,” Diaz said. “This is as big an investment as I can remember in the years that they’ve been around. It’s a huge investment and it’s an investment premaced on the fact there’s a new stadium that’s going to be built here and that with those additional revenues they’re going to reinvest to get the kind of quality players that we need to bring another World Series trophy home.”

There’s plenty more work to be done to ensure a ballpark is actually built. A suit filed against the plan by luxury auto dealer Norman Braman, still looms. But team and city officials are optimistic about a November ground-breaking.

“I’m hoping the message, first of all, is we all know we’re here to stay with the stadium coming on board now,” Loria said. “But the message is we’re going to build this team to where I want to have it again. It’s a great bunch of players, and as I said a couple of times now, we’re going to evaluate this and the baseball people will bring me their recommendations and we’ll sit down with them.”

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I have been asked repeatedly if the new agreement forged by the Marlins, Miami-Dade County, the city of Miami, and Major League Baseball for a ballpark at the site of the Orange Bowl spells the end of the team’s years-long quest for a home of its own.

The simple answer is: I don’t know. As many of you know, I have followed this saga for eight and a half years. I have read numerous Memorandums of Understanding, been at press conferences with smiling officials who proclaimed the day had finally come to build a stadium. I've followed the goings-on in Tallahassee six times in eight years.

So for me to believe that the $515 million, 37,000-seat retractable roof ballpark will finally be built, I will need to see the shovel put in the ground -- something team officials hope will happen by year’s end.

That said, here’s why this agreement is different from all previous proposals: On paper the ballpark is fully funded without a gap.

It is a binding 35-year agreement that includes penalties should any side breach its responsibility or terminate the deal. (It’s a complex formula, but it ensures that all sides will essentially be out the same amount of money if the deal fails). It lays out specific time frames for every element of the deal -- from environmental reviews of the Orange Bowl site to definitive financing documents.

City and county commissioners are now being briefed on the deal. Historically, the commissions have supported the ballpark project – although rarely unanimously – and there should be interesting debate at Thursday’s 9 a.m. city meeting and 1 p.m. county meeting.

This is a significant amount of public money, but officials will take pains to stress that the $297 million of county dollars and $13 million of city dollars are derived from tourist taxes that can only be used for convention centers, sports venues and related projects and to attract conventions and tourists -- not schools, roads or social services.

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Another week, another delay. Representatives of the Marlins, Major League Baseball, Miami-Dade County and the city of Miami are still negotiating a $525 million deal for a ballpark for the Marlins, but it won’t be ready – again – in time for Tuesday’s scheduled vote of the county commission.

Those involved still believe the outstanding issues can be resolved and the framework of the financing plan is in place. Among the biggest unresolved issues is who will pay for a 6,000-space parking garage.

In an earlier draft of the deal, the city was to be responsible for the parking garage. Miami Mayor Manny Diaz, however, has said in order for the garage to pay for itself, there need to be an additional 15 to 20 event dates at the location.

“You need a certain number of events to generate the amount of income you need so it at least breaks even,” Diaz said last month.

That’s one of the reasons Diaz has been pushing for the building of a 25,000-seat soccer stadium for a future Major League Soccer team, next to the Marlins ballpark at the site of the Orange Bowl. He’s been in talks with MLS, but there are no guarantees the city will be granted a team.

County Commission Chairman Bruno Barreiro said if a Baseball Stadium Agreement is completed soon, the commission could consider it at its Feb. 5 meeting or at a special meeting, if commissioners agree to hold one.

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OK, so not everything’s up for sale. The city of Miami, which owns the 70-year-old Orange Bowl, is keeping the turf, which it plans to put in a park. It’s also hanging onto one set of goalposts, the murals, the giant Miami Orange Bowl letters on the outside of the stadium and the Welcome to the Orange Bowl sign inside the venue.

Gary Fabrikant, the assistant director of Miami's Department of Capital Improvements, says the city is also keeping the scoreboard.

But virtually everything else is up for grabs: seats, light fixtures, trees, urinals, two sets of goalposts, turnstiles, ticket booths, the tunnel Hurricanes players ran through to get to the field. You can order a specific seat on a first-come, first-served basis until Jan. 20, but those will cost you extra. There are a limited number of chairs with backs, including those two rows of white ones that sat closest to the field on the sidelines, the ones that bear an LA Dodgers logo. The thought is that those seats, referred to as the “Dodgers seats,” were installed in the early 1960s when Dodger Stadium was being built.

Sunrise-based Mounted Memories, a division of Dreams Inc. of Plantation, was awarded the salvage contract by the city last month in part because of its track record for producing uniquely packaged products. Orange seats will bear autographs and can be framed or installed in a display case; panoramic photos are paired with a piece of concrete.

Seats uncovered in the west endzone that were installed in 1966 and bear an orange and a seat number are being included in a shadow box frame with a copy of a black and white photo that shows those seats being installed for a price of $199. A set of four of those seats is being fashioned into small benches for $495 each. The company is also going to receive a piece or two of the lattice work from the outside of the stadium that it plans to package with other souvenirs.

On Jan. 26, Mounted Memories is hosting a Farewell to the Orange Bowl from 10 a.m. to 5 p.m. with a flag football game between Dolphins and Hurricanes greats, a small auction and an opportunity to get autographs. Tickets are $20 at Field of Dreams stores and at tickemaster.com. An auction will be held at 11 a.m. Feb. 9 at the Orange Bowl for the larger, one-of-a-kind items: the urinals, goalposts, trees, light fixtures. For more information, visit: orangebowlstadium.com

Ross Tannenbaum, president and CEO of Dreams Inc., and Fabrikant said they hope to raise about $1 million for the city to help pay for the stadium's demolition. Fabrikant said the stadium will be turned over Jan. 28 to DEMCO, a New York firm, that will spend the next five months pulling down the stadium for a cost of $1.9 million.

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The Orange Bowl Committee will install to its Hall of Honor this year, Oklahoma quarterback Steve Davis, Alabama tackle John Hannah and … the FedEx Corp.

Huh?

The corporate-sponsored Regions Bank Orange Bowl Hall of Honor is honoring FedEx, the express delivery company that title sponsors the Orange Bowl game. The corporation – and Davis and Hannah -- will be honored at the AvMed Coaches Luncheon on Jan. 2. And my favorite part of the press release announcing the inductees: “The trio will then be inducted into the Hall of Honor during the 74th Annual FedEx Orange Bowl on January 3, 2008.”

The trio.

The Hall has a lofty roster that includes Joe Namath, Paul “Bear” Bryant, Joe Paterno, Tom Landry and Howard Schnellenberger and includes journalists and NBC Sports Chairman Dick Ebersol, who are in the “contributor” category.

But FedEx’s induction marks a first for a corporation. The company is the longest continuous bowl sponsor, Orange Bowl Committee spokesman Larry Wahl said.

“They’ve been as loyal to us as we’ve been to them,” Wahl said, even as a he chuckled a bit. “I don’t believe there’s another [corporation],” he said as he scanned the list of 72 inductees.

“It’s kind of cool, isn’t it?” Wahl said. “It’s unique.”

Jim Andrews, editorial director of the IEG Sponsorship Report, doesn’t know of any others, but he bets there are some.

What’s next? AvMed, the luncheon sponsor, in the Hall? Regions Bank in the Regions Bank Hall of Honor?

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