Jump to content

FL Supreme Court rules referendum NOT required for CRA money use


Orlando Rays

Recommended Posts

http://www.miamiherald.com/459/story/691573.html

 

In a ruling carrying implications for Miami's megaplan -- a public-works package that includes a new Florida Marlins stadium and other projects -- the Florida Supreme Court Thursday ruled that voter referendums are not required when spending large chunks of community-redevelopment money.

 

The ruling had been holding up the final court decision in auto dealer Norman Braman's lawsuit attempting to derail the stadium. But the Supreme Court's ruling could well pave the way for the end of Braman's case.

 

The development money, usually administered by community redevelopment agencies, or CRAs, is the glue that holds Miami's megaplan together. Although not used to directly fund the Marlins stadium, CRA money would flow to other pieces of the megaplan -- freeing up separate dollars to pay for the stadium.

 

The voter-referendum issue has been one of the biggest headaches for megaplan backers, though they have done their best to work around it.

 

The issue was raised by megaplan opponent Braman in court, and despite Braman's string of recent court defeats, it still had the potential to complicate the issue of stadium funding going foward.

 

No longer.

 

Thursday's ruling is a 180-degree about-face from a 2007 decision by the same court. Last year, Florida Supreme Court justices found that in order to bond out CRA money -- the typical method of funding big-ticket projects -- voter approval had to be obtained.

 

That decision sent shock waves to local governments throughout the state. With CRA coffers swelled by the recent real estate boom, local governments had been assembling a virtual laundry list of construction projects to use the money on.

 

For decades, taking that spending to voters was never a requirement. In its new ruling, the court acknowledged that its decision last year held the potential to upend the state's financial structure, which had come to depend on spending CRA money under a certain set of rules.

 

Adding the voter requirement, the court found, "would cause serious disruption to the governmental authorities that have relied upon that precedent for planning public works that are in various stages of development and approval.''

Game, set, match. The stadium is as good as yours. :mischief

Link to comment
Share on other sites

What about all this talk about the commissioners voting again and needing 9 yes'?

 

they have to vote on the construction agreement....alot of them were undecided but because they felt the public should have a say in it, or a referendum...but i think this decsion by the supreme court sums it up...

 

here is the link to the article i mentioned earlier:

 

http://www.miamitodaynews.com/news/080918/story4.shtml

 

the supreme courts ruling is a great thing...but we need the commisioners votes to get this thing fianlized

Link to comment
Share on other sites

I'm sure Braman will appeal, but looking at this from afar, I don't see how this will slow things down. Most of the court's rulings seemed pretty clear; the referendum was the toughest call. Now that the FL Supreme Court has ruled, he would be silly to even raise it as a ground of appeal. Regardless, as others have pointed out, unless an appellate court issues an injunction (highly unlikely), the Marlins can move forward. The only real remaining issue, it seems, is contract approval, but, I imagine, after much political posturing, it will pass with the minimum number of votes needed.

Link to comment
Share on other sites

i bet Braman going say he going appeal to highest court he want delay it too end of year he is ass*** that Braman donot know when to stop

Not an attorney, but I would think that somewhere he needs to be getting advice that he is throwing away his money, unless he has a bunch of yes people around him. There seems to be just to much precedent on the rulings for the Supreme court to reverse anything. So, miamibaseball, I know you worry alot about this, and I guess justifiably so given the politics, but we could really be seeing this thing break ground this year.

Link to comment
Share on other sites

i bet Braman going say he going appeal to highest court he want delay it too end of year he is ass*** that Braman donot know when to stop

Not an attorney, but I would think that somewhere he needs to be getting advice that he is throwing away his money, unless he has a bunch of yes people around him. There seems to be just to much precedent on the rulings for the Supreme court to reverse anything. So, miamibaseball, I know you worry alot about this, and I guess justifiably so given the politics, but we could really be seeing this thing break ground this year.

yes i want to see ground breaking but Braman want to be pain in ass

Link to comment
Share on other sites

I trust that the county manager won't bring the stadium agreements up for a vote if the votes are not there. I am sure they know each commissioner's concerns and hopefully have a plan to try to convince the commissioners to vote for the stadium.

 

Sorenson and Souto are hopeless. Gimenez will probably vote against.

 

We need Martinez or Heyman to vote for the stadium. I think Heyman is a no vote. Martinez I think can be convinced.

 

The other eight commissioners will vote for the stadium. We need 9

Link to comment
Share on other sites

Talked to my source today. Because of his position in the city, its hard not to trust what he says. Since the whole Braman thing started, he told me not to worry. I explained to him why I was worried, and he basically predicted this entire thing. He predicted exactly every court decision and around what time they were made. Anyone who thinks they wait for decisions just like we do is naive. Every commissioner knows how they are going to vote already. Certain commissioners held their yes vote for a ransom. Some are going to get what they want, and already have, while others wont. Thats the beauty of these things. You don't need everyone to say yes. You just need to make the minimum requirement of votes.

 

From my source in the city, "Technically, the vote hasn't passed. But in reality it will, because we already have the required amount of votes." I'm not worried at all, and haven't been. He showed me another sneak peak at final renderings. They are the same ones I saw a month ago. The stadium looks great, and I cannot wait until everyone gets to see what I have.

 

 

wow, awseome info...thanx!!!!!

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.



×
×
  • Create New...