i think judge will gave both side to talk

Another battle won: the judge ruled that Braman has no legal standing to challenged the agenda issue. That means he can't force a re-vote with this lawsuit.

Another battle won: the judge ruled that Braman has no legal standing to challenged the agenda issue. That means he can't force a re-vote with this lawsuit.

Yep, here it is...

 

MIAMI-DADE

Braman loses skirmish in megaplan suit

Auto dealer Norman Braman lost a round in his attempt to derail a pact to build a Marlins stadium and other projects.

 

By MICHAEL VASQUEZ

mrvasquez@MiamiHerald.com

With the trial a week away, City Hall scored one victory Monday in its defense of the so-called megaplan for Miami, when Circuit Court Judge Pedro Echarte Jr. tossed a key portion of a lawsuit that strives to topple the project.

 

Auto dealer Norman Braman, suing to halt the project, argued that Miami commissioners' December approval of the $3 billion megaplan broke city and county open-government rules.

 

His suit could have forced Miami to re-vote that approval -- a potentially embarrassing scenario for the backers of a plan that would help build a new Florida Marlins stadium, a Museum Park downtown, a port tunnel, and other projects.

 

Yet the judge's ruling Monday showed that won't happen, as the city argued successfully that Braman didn't have legal standing to challenge the agenda issue, according to Miami City Attorney Julie Bru.

 

''I'm extremely ecstatic and satisfied,'' Miami City Manager Pete Hernandez said late Monday.

 

Attorneys for Braman could not be reached.

 

Braman's court filings accused commissioners of approving the massive spending pact without the issue being properly placed on the city-commission agenda.

 

The Dec. 13 agenda item was billed as a ''status update'' on city-county talks over infrastructure improvements. The agenda did not mention the specific projects, the hefty cost, or imply a vote was coming.

 

Yet a historic vote followed that green-lighted the plan. Miami leaders argued that while city-commission rules call for legislation to be properly noticed five days ahead of time, the city routinely waives such rules.

 

Monday's ruling was the second time recently that Braman lost a legal argument. Friday, the Florida Marlins and Miami-Dade County won a slight victory when Judge Echarte shot down several attempts to get Marlins president David Samson to disclose the ball club's financial picture.

 

Though on the losing end on those fronts, Braman's lawsuit is still moving forward on larger issues. Trial is set to start July 1.

 

Miami Herald

Jeffrey Loria and someone else stopped by Joe Martinez's office today to discuss the stadium. They were having casual conversations and in the middle of their little "meeting" Joe Martinez called Bruno Barreiro to ask what the possibilities are to detach the stadium from the overall deal. I have no other details

Another battle won: the judge ruled that Braman has no legal standing to challenged the agenda issue. That means he can't force a re-vote with this lawsuit.

 

So, is that it? I thought this was what he wanted? if he doesnt get it why continue?

Jeffrey Loria and someone else stopped by Joe Martinez's office today to discuss the stadium. They were having casual conversations and in the middle of their little "meeting" Joe Martinez called Bruno Barreiro to ask what the possibilities are to detach the stadium from the overall deal. I have no other details

There must be something to that. I heard the same thing elsewhere.

Anyway, it would make sense.

The judge in the case has been changed. Reportedly, the judge's mother has a cousin that is married to Braman's lawyer's brother in law, or something like that.

 

There will probably be a delay and the case will probably not be heard on July 1st as it was scheduled.

Delays are not good. They were waiting for the law suit to be settled before the City and the County would vote on the management agreements etc.

There was something about this on the 6pm news today. I am SICK of this talk. I WANT a stadium!!!

I have a bad feeling Braman will win the lawsuit.

The judge in the case has been changed. Reportedly, the judge's mother has a cousin that is married to Braman's lawyer's brother in law, or something like that.

 

There will probably be a delay and the case will probably not be heard on July 1st as it was scheduled.

Delays are not good. They were waiting for the law suit to be settled before the City and the County would vote on the management agreements etc.

I might be wrong about this, but if the judge knows Braman personally, he would have to take himself off the case, no?

The judge in the case has been changed. Reportedly, the judge's mother has a cousin that is married to Braman's lawyer's brother in law, or something like that.

 

There will probably be a delay and the case will probably not be heard on July 1st as it was scheduled.

Delays are not good. They were waiting for the law suit to be settled before the City and the County would vote on the management agreements etc.

I might be wrong about this, but if the judge knows Braman personally, he would have to take himself off the case, no?

They said that they did not realize that there was some sort of connection (weak as it may be)until yesterday. Braman's lawyer said that he did not socialize with the judge, but if there is a family connection between the judge and the lawyers, the judge needs to changed. Things were not going well for Braman as evidenced by the pre-trial decisions handed down by the judge. The speculation is that the Braman people welcomed this judge change.

Reportedly, the judge's mother has a cousin that is married to Braman's lawyer's brother in law, or something like that.

That's not much of a connection. :blink:

This trial is such a f***ing joke.

From today's Sun-Sentinel....

 

Braman just wants public say on Marlins' ballpark

 

Dave Hyde | Sports Columnist

May 25, 2008

 

 

Just so you know that he knows what everyone's thinking, he enters the room and asks before anything else can be said, "Why?"

 

That's what you're wondering about Norman Braman, right?

 

Why is he fighting city hall? Why is he blockading the Marlins' new stadium? Why is this entrepreneur who built himself from nothing, who has made mega-millions from drugstores and cars, who has given $20 million to South Florida philanthropies, who has been friends of Presidents ? who has owned a pro team himself, for heaven's sake ? why is he threatening baseball in South Florida in the twilight of his life?

 

This is where it gets interesting. When it comes baseball, the auto dealer with a bad back throws only fastballs.

 

Dave Hyde Dave Hyde Bio | E-mail | Recent columns

 

"When you sit around and see what's going on under your nose, the same stories of corruption, same stories of bad government ? the constant cost overruns at the (Miami) airport, corruption at the port, $200-million-plus overruns involving the performing arts center ? and then they push through a stadium that's obviously cooked ahead of time with no public notice, it was enough," he says.

 

"Somebody has to stand up and do something. Stop this kind of government. Stop with the idea the taxpayer will do nothing. I went home to my wife the day I heard of this stadium deal and said, 'I'm going to fight this.'

 

"I couldn't sit and tolerate what was going on here. Every day it's something else."

 

Sitting here, in the office of Braman Cadillac in downtown Miami, Braman says he isn't against the stadium or against Marlins owner Jeffrey Loria. He knows Loria. They met in the art world. He has been to Loria's New York studio.

 

Why, three years ago Marlins President David Samson called Braman asking him to invest in a share of the Marlins.

 

"I said, 'No,'" says Braman, who used to own the Philadelphia Eagles.

 

Here's what Braman wants: The law to be followed. That's it. He wants everyone to do what's right. He wants elected officials to conduct scheduled and open meetings. He wants the public to vote on any stadium deal. That's the main thing. Let the people vote. He'll live with whatever happens.

 

To this end, he has sued Miami-Dade, pitted himself against stables of political power and thrown himself into a spotlight he says he doesn't want but can't help take on.

 

"I knew I was right when the day I said I was fighting it [Miami mayor] Manny Diaz called asking why I was doing this," Braman said. "He's a friend. Then George Burgess, the county manager, called asking, 'What could I do to make you stop this?'"

 

His voice is even. "I knew then what they were doing was so wrong."

 

Entertaining, isn't it, Broward and Palm Beach taxpayers? Getting a front row seat to a man fight the machine? And knowing your dollars aren't on the line here?

 

The lawsuit's opening pitch is scheduled for July 1. The opening swings began last week with some depositions. Miami-Dade is financing $347 million plus another $35 million loan to the Marlins for the stadium. Here's an excerpt from Miami-Dade mayor Carlos Alvarez's at-bat:

 

Q: "Have you ever seen financial statements from the Florida Marlins?"

 

Alvarez: "No, I have not."

 

Q: "Has one ever been requested of the Florida Marlins?"

 

Alvarez: "Not by me."

 

Yet Miami-Dade is counting on the cost over-runs being covered by the Marlins? When the Marlins are such a financial riddle that a few years ago they were calling around for an investor?

 

It's amazing how people tap-dance less under oath. Like that $2.3 million the Marlins supposedly would pay for "rent" every season? Burgess testifies it's not rent at all. It's to pay down that $35 million loan the county is floating the Marlins.

 

Braman fears the stadium and infrastructure won't come in at the proposed price. "It's going to cost $1 billion," he says.

 

He says Denver voters elected to fund their ballpark. He says the Eagles, his old team, put up $310 million for a stadium. He fought the county on publicly funding a Dolphins stadium ? "Joe Robbie paid for it himself," he says ? and fought H. Wayne Huizenga getting a state rebate for his stadium and now is fighting the Marlins' stadium.

 

He's Howard Beale, the TV anchor in Network, opening the window and screaming outside, "I'm mad as hell and I'm not going to take it anymore!"

 

I entered this interview in search of one question, the one Braman asked: Why? I left with a different question: How can any reasonable person disagree with his fight?

he know that voter will vote nooo for ballpark ((voter kill marlins ballpark)) that what he want to see

The judge in the case has been changed. Reportedly, the judge's mother has a cousin that is married to Braman's lawyer's brother in law, or something like that.

 

There will probably be a delay and the case will probably not be heard on July 1st as it was scheduled.

Delays are not good. They were waiting for the law suit to be settled before the City and the County would vote on the management agreements etc.

let us know if any update today friday monday is last day of june so their will need to notice party soon

Here are the details of the judge change for the Braman lawsuit.

 

 

June 26, 2008

Marlins Stadium Update No. 13,471

 

> Posted by Sarah Talalay at 11:58 PM

With the trial in luxury auto dealer Norman Braman's lawsuit against Miami-Dade County, the city of Miami and the Marlins set to begin Tuesday, the timetable is in flux again.

 

At the request of Braman's attorney, Bob Martinez, Miami-Dade Circuit Court Judge Pedro Echarte Jr. recused himself Thursday from the case he has overseen for months, because Martinez said in court papers that he discovered Tuesday he had a distant familial relationship with Echarte. Echarte's mother is related to Martinez's sister-in-law.

 

Already hampered by the case, which targets the $3 billion downtown redevelopment megaplan that includes a Marlins ballpark at the site of the Orange Bowl, Marlins representatives were none too pleased with the timing of Thursday's decision. Braman has lost on a couple of points in the case in the past week, and Marlins President David Samson accused Braman of trying to deflect attention from a case he can't win.

 

Samson said he was ?flabbergasted? at the timing of the request for the recusal.

 

?I just think it?s sad. It?s a waste of taxpayers money," Samson said. "It?s the desperate musings of a man who knew he couldn?t prevail."

 

The timing may seem unusual, but I'm told there's no way Braman's legal team would move forward if there were even an inkling there could be a conflict.

 

The case has been reassigned to Circuit Court Judge Jeri Beth Cohen, who is holding a status hearing in the case on Friday afternoon. Perhaps then we'll learn a new date for the trial.

 

?Miami-Dade County continues to be confident with its case and hopes the trial can continue moving forward in a timely fashion,? Miami-Dade County Mayor Carlos Alvarez said in a statement. ?Important timelines and funding streams are attached to this package of critical public works projects which are designed to improve the quality of life of County residents. In the short-term, these projects can provide an important economic boost in an uncertain economy, and get jobs on the street when they are needed most.?

 

Samson says plans for the ballpark are proceeding on schedule. The Baseball Stadium Agreement approved in February specified that definitive agreements on specifics such as construction management and financing, must be in place by July 1. But the county, city and Marlins have agreed to wait until after the trial in the Braman case.

Braman: "Someone has to stand up and be gay!"

Jeffrey Loria and someone else stopped by Joe Martinez's office today to discuss the stadium. They were having casual conversations and in the middle of their little "meeting" Joe Martinez called Bruno Barreiro to ask what the possibilities are to detach the stadium from the overall deal. I have no other details

 

Are you aware that if what you just wrote above is true, Martinez and Barreiro just violated Florida's Sunshine Law?!?!

if judge move day trial to other day that could doom ballpark because their need deal to be done july 1 so could be good news for Braman

The trial was originally scheduled to begin July 1 but has been postponed this came from this report on ch4 web site http://cbs4.com/local/city.county.carlos.2.758480.html that not good for marlins that want deal to be done by july1

Jeffrey Loria and someone else stopped by Joe Martinez's office today to discuss the stadium. They were having casual conversations and in the middle of their little "meeting" Joe Martinez called Bruno Barreiro to ask what the possibilities are to detach the stadium from the overall deal. I have no other details

 

Are you aware that if what you just wrote above is true, Martinez and Barreiro just violated Florida's Sunshine Law?!?!

 

 

?? I don't know what that means. And I don't think that would be in any violation of anything considering the fact that this sort of thing is discussed EVERY SINGLE DAY by Martinez and many other commissioners. And this happened so I guess you may have to call the cops.

?? I don't know what that means. And I don't think that would be in any violation of anything considering the fact that this sort of thing is discussed EVERY SINGLE DAY by Martinez and many other commissioners. And this happened so I guess you may have to call the cops.

 

The Sunshine Law (Section 286.011, F.S.) extends to the discussions and deliberations as well as the formal action taken by a public board or commission. There is no requirement that a quorum be present for a meeting of members of a public board or commission to be subject to s.286.011, F.S. Instead, the law is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. Therefore, discussions between two members of a county commission regarding an item, like the stadium, that may become before the commission for a vote in the future must be conducted in accordance with the Sunshine Law.

 

What does "in accordance with the Sunshine Law" mean? The basic requirements of s.286.011, F.S., are that (1) meetings of public boards or commissions (even if just TWO COMMISSIONERS) must be open to the public; (2) reasonable notice of such meetings must be given; AND (3) minutes of the meetings must be taken. In laymen's terms, two or members of the same board cannot discuss board "business" without it being a duly noticed public hearing. "The use of a telephone to conduct such discussions does not remove the conversation from the requirements of s.286.011, F.S. State vs. Childers, No. 02-21939-MMC; 02-21940-MMB (Escambia Co. Ct. June 5, 2003), per curiam affirmed, 886 So.2d 229 (Fla 1st DCA 2004).

 

This is serious because violations of the Sunshine Law may result in criminal penalties against those members who knowingly violate the Sunshine Law. Other penalties for violating the Sunshine Law are the voiding of acts of the Board where action was taken outside of the Sunshine (i.e., what Braman was trying to do but go turned down because the City Manager was not subject to Sunshine Law because he is a staff person and does not have a vote).

 

It really doesn't matter if they "do this all the time," it is a serious violation. I just gave a presentation to the City of Opa-locka on this same subject two weeks ago, and I deal with Sunshine Law issues routinely as a local government lobbyist. If it were ever to get out that two or more Miami-Dade County Commissioners are communicating with each other over the phone over matters that are going to come to a vote, there may be all hell to pay and a wrath coming down from Tallahassee which won't be pretty.

SOMEONE DELETE THIS THREAD!

June 27, 2008

Marlins Stadium Update No. 460,701

 

> Posted by Sarah Talalay at 5:47 PM

We?ll have to wait until next week to learn the new start date for the trial in the lawsuit filed by auto dealer Norman Braman that targets the financing for the Marlins new ballpark among other items.

 

The case was reassigned to Miami-Dade Circuit Court Judge Jeri Beth Cohen Thursday after Circuit Court Judge Pedro Echarte Jr. recused himself at the request of Bob Martinez, one of Braman?s attorneys. Martinez said in court papers that he discovered this week that he has a distant familial relationship with Echarte.

 

In a status hearing Friday afternoon, Cohen said her calendar was likely full until September. The defendants -- Miami-Dade County, the city of Miami and the Marlins -- would prefer a trial be held sooner. Cohen has agreed to ask the chief judge about reassigning the case yet again. She promised to have an answer by Tuesday.

 

As always, stay tuned...

June 27, 2008

Marlins Stadium Update No. 460,701

 

> Posted by Sarah Talalay at 5:47 PM

We?ll have to wait until next week to learn the new start date for the trial in the lawsuit filed by auto dealer Norman Braman that targets the financing for the Marlins new ballpark among other items.

 

The case was reassigned to Miami-Dade Circuit Court Judge Jeri Beth Cohen Thursday after Circuit Court Judge Pedro Echarte Jr. recused himself at the request of Bob Martinez, one of Braman?s attorneys. Martinez said in court papers that he discovered this week that he has a distant familial relationship with Echarte.

 

In a status hearing Friday afternoon, Cohen said her calendar was likely full until September. The defendants -- Miami-Dade County, the city of Miami and the Marlins -- would prefer a trial be held sooner. Cohen has agreed to ask the chief judge about reassigning the case yet again. She promised to have an answer by Tuesday.

 

As always, stay tuned...

it donot look good for marlins because their want ground breaking by nov the more it delay more chance we wont see ballpark