Miami-Dade Circuit Court Judge Jeri Beth Cohen ruled Tuesday that building a ballpark for the Florida Marlins serves a public purpose -- a significant victory for the team and local government in their quest to bring a new stadium to South Florida.

 

''The court is well aware that the building of the Marlins stadium is a contentious and emotional issue in Miami-Dade County,'' the judge wrote in the 41-page ruling.

 

''The court is also aware that the citizens of the county are passionately committed to their respective beliefs regarding the wisdom of building the stadium with public monies. Moreover, the court is well aware that more citizens may be opposed to the building of the stadium, even to retain the Marlins in Miami, than in favor of building the stadium,'' the judge noted.

 

``These considerations, however, may not sway this court. The job of this court is to examine the facts and apply those facts to the law.''

 

She said the law backs that stadiums serve a public purposed.

 

The decision means six of auto dealer Norman Braman's seven lawsuit counts trying to topple the deal have now been tossed.

 

The sole issue remaining, however, is significant: A decision on whether the county is spending money legally on the new stadium. Cohen has yet to decide that question.

 

LINK

WOO! One last issue to go, although the Marlins, County, and City don't seem to think that the part applies to the Stadium.

Although there is nothing but positives out of this particular ruling, why did she have to leave one last detail hanging?

Although there is nothing but positives out of this particular ruling, why did she have to leave one last detail hanging?

 

She's waiting on the Florida Supreme Court to rule on a case which might apply to this one.

Here's another article:

 

http://southflorida.bizjournals.com/southf...08/daily18.html

 

Braman suffers big loss in Marlins stadium trialSouth Florida Business Journal - by Paul Brinkmann

 

Auto dealer Norman Braman has lost the biggest question remaining in his lawsuit challenging funding for a new Florida Marlins stadium.

 

Miami Dade County Circuit Court Judge Jeri Beth Cohen release a 40-page order Tuesday afternoon, ruling that the stadium serves a ?paramount public purpose,? while acknowledging the project is a controversial and emotional issue for many South Florida residents.

 

Only one question ? Count 5 ? remains in Braman?s lawsuit, and that was aimed at a more narrow question in the $3 billion list of public projects including the stadium: whether a public vote should be required because redevelopment funds were being tapped.

 

According to her ruling, ?with respect to Count IV, the Court finds that the County's decision to construct a publicly owned baseball stadium to be operated by the Florida Marlins serves a paramount public purpose within the meaning of Article VII, Section 10 of the Florida Constitution, and Plaintiffs application for declaratory and injunctive relief as to Count IV as set forth in the Second Amended Complaint and other amendments is DENIED.?

 

The judge said she still plans to wait until after Sept. 15 to rule on Count 5, in anticipation of a ruling by the Florida Supreme Court in Strand v. Escambia County and related cases in which the high court is expected to clarify the use of redevelopment funds from tax-increment financing districts.

good news , I wish it was finally resolved but we are getting closer to finalizing this one way or another

DOWN GOES BRAMAN! DOWN GOES BRAMAN!

 

:notworthy :notworthy :notworthy

Awesome.

GREAT NEWS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

F*ck you Braman! :arms :brigginbounce

That was a huge ruling for the future of the Florida Marlins...just a bit more of the road to go now. I am sure The Marlins are optimistic on that as well. Damn we needed that bit of news!

Just saw this on the news! :cheers :dkdance :brigginbounce :beer :arms :arms

great news in marlins nation...f*** you braman...loser

BRAMAN GOT OWNED!!! MOVE YOUR sh*tty BUSINESS SOME WHERE ELSE YOU POS!

Dade leaders, Marlins: We're moving forward on stadium

 

Posted on Tue, Sep. 09, 2008

BY Admin LEBOWITZllebowitz@MiamiHerald.comMiami-Dade leaders say they are ready to move forward now on a retractable roof baseball stadium for the Florida Marlins in the wake of Tuesday's court ruling.

 

They said they do not need to wait for the judge to rule on a seventh -- and final -- issue in auto dealer Norman Braman's lawsuit seeking to stop the project.

 

Earlier Tuesday, Miami-Dade Circuit Court Judge Jeri Beth Cohen ruled that building a ballpark for the Florida Marlins serves a public purpose -- a significant victory for the team and local government in their quest to bring a new stadium to South Florida.

 

''We're obviously pleased with the judge's ruling,'' County Manager George Burgess said late Tuesday afternoon at County Hall. ``We were quite confident that was how this ruling was going to come down.''

 

With the ''public purpose'' issue out of the way, Burgess said the administration will be asking county commissioners to ratify their end of the ballpark deal in the next few weeks.

 

Burgess and Mayor Carlos Alvarez said the only outlying issue in Braman's lawsuit -- regarding the use of community redevelopment agency funds to pay down debt on the county-owned Adrienne Arsht performing arts center -- will not have any impact on the ballpark construction.

 

The ballpark, they said, will be financed with an array of tourist and convention-development and sports-franchise taxes and a $50 million general obligation bond that voters approved in 2004 for Orange Bowl renovations -- but no CRA funds.

 

The Marlins are pushing ahead with architectural drawings and finalizing arrangements with a contractor. But the ballpark, set to be built on the old Orange Bowl site, will require several land-platting and permitting approvals from Miami commissioners as well.

 

Alvarez, in a phone interview, said that building the ballpark will not only help to revitalize the Little Havana neighborhood but will also create thousands of construction jobs at a time when the building trades are in a down cycle.

 

''When the economy is hurting, it means thousands of jobs -- good paying construction jobs -- for people who need them now,'' Alvarez said.

 

 

http://www.miamiherald.com/news/breaking-n...ory/679171.html

The issue is over folks. The last issue deals with CRA funding for the Arscht Center. The Marlins will not being using CRA funds to build the stadium. Done Deal. Time to celebrate. As Mark Grace said after the Cubs made the playoffs in '98, where's the $&%king champagne!!!!

From my post in the latest Talalay thread:

 

Braman is nothing more than a blowhard. By the time his appeal is even heard, people will be filling the new Bacardi Field in Little Havana, 37k a night.

 

His seat in the middle of the eastbound lanes of the 836 will be waiting. :mischief

but Braman's say he will go back to court and appeal ruling

but Braman's say he will go back to court and alpear ruling

 

He can appeal until he is blue in the face. We are moving forward on construction, and there is nothing Braman can do about that. He lost, and even when he does appeal, there is no reason to think he will win, and like Orlando Rays said, the construction will probably be well under way when his appeal is heard!

if any one here know rule can appeal hold construction of ballpark???????

Yesterday?s ruling is a HUGE victory, but we need to keep the momentum going. Those against the stadium will be firing off letters to the newspapers. We need to make sure we're heard!!! The Miami Herald and Sun Sentinel websites say you have to include your contact info so don?t forget. We want our letters published!!! The email address for the Miami Herald and Sun Sentinel are HeraldEd@MiamiHerald.com and letters@sun-sentinel.com. :thumbup

if any one here know rule can appeal hold construction of ballpark???????

 

An appeal can't, but if he got an injunction against construction, it would, which is highly unlikely!

Yesterday's ruling is a HUGE victory, but we need to keep the momentum going. Those against the stadium will be firing off letters to the newspapers. We need to make sure we're heard!!! The Miami Herald and Sun Sentinel websites say you have to include your contact info so don't forget. We want our letters published!!! The email address for the Miami Herald and Sun Sentinel are HeraldEd@MiamiHerald.com and letters@sun-sentinel.com. :thumbup

 

 

ok, wrote them both an email...

Although there is nothing but positives out of this particular ruling, why did she have to leave one last detail hanging?

 

She's waiting on the Florida Supreme Court to rule on a case which might apply to this one.

 

 

Why does she have to wait for that ruling???

 

What does that have to do with what happens here?????