When is Florida going to get that new stadium we hear about??
WWWELLLLLLL....ah...
Long-awaited ruling could advance Marlins stadium
South Florida Business Journal
Thursday, September 18, 2008 - 2:10 PM EDT | Modified: Friday, September 19, 2008 - 11:36 AM
by Paul Brinkmann
The Florida Supreme Court has dealt another blow to efforts by auto magnate Norman Braman to stop construction of a new Florida Marlins stadium using taxpayer money.
In a ruling issued Thursday, the state’s high court found that voter referendums are not needed to approve spending money earmarked for community redevelopment.
Marlins attorney Sandy Bohrer said he believes the Supreme Court ruling shows the team was right all along.
“We are pleased … to learn the [Supreme Court] decision underscores and reconfirms what the city, the county and the Marlins have said all along: No referendum is required,” he said.
Frank Schnidman, an attorney on Braman’s legal team, acknowledged that the Supreme Court ruling is bad news for the auto dealer.
Braman's trial attorney, Bob Martinez of Colson Hicks Eidson, said he was encouraged by the dissenting opinion written by Justice R. Fred Lewis and agreed to by Chief Justice Peggy Quince. He said he expects to take the Braman lawsuit to the Florida Supreme Court by next year, when four of the justices who wrote the recent Strand opinion no longer will be on the bench.
Thursday’s ruling in the controversial Strand vs. Escambia County case, overturns a previous state Supreme Court decision.
Last year, the court determined that a referendum should be required if money generated by Tax Increment Financing districts was being used for long-term projects of more than $1 million -- specifically for a road improvement project in Escambia County. That ruling caused a storm of protest by governments statewide that, for decades, have relied on such funding for redevelopment.
Following the protests, the court quickly revised its opinion last fall and promised to reconsider.
Braman had cited last fall’s Strand ruling in his lawsuit challenging funding for the Marlins’ new $515 million stadium. He used that ruling to seek a public vote on the stadium project.
Schnidman expressed surprise that the Supreme Court would reverse itself so dramatically on Strand within a year.
“Given this ruling by the Supreme Court, it is unlikely that Judge Cohen will require the projects of the megaplan to go to referendum,” he said.
Schnidman criticized the high court for appearing to bow to political pressure when it said in its new ruling that the old decision “would cause serious disruption to the governmental authorities.”
The question of whether the public needs to vote for certain portions of the stadium funding plan is all that remains of Braman's lawsuit after he lost several rulings in Miami-Dade Circuit Court.
Circuit Judge Jeri Beth Cohen delayed the final ruling in the suit until the Supreme Court issued its decision. With the high court’s Thursday ruling, she is expected to rule on Braman’s last challenge soon.
In the ruling, the high court stated: “Upon consideration of appellee Escambia County’s motion for rehearing, we withdraw our revised opinion, filed on Sept. 28, 2007, and substitute the following opinion. We affirm the [Escambia County] circuit court’s final judgment.”
Two justices dissented, saying: “The local government shell game, which is played to avoid the Florida voter, should not be sanctioned by this tribunal. Unfortunately, we have done so today ….”
Long-awaited ruling could advance Marlins stadium - South Florida Business Journal: