Jump to content


The Florida Supreme Court case is still lingering


fanfish
 Share

Recommended Posts

September 29, 2008

Marlins Stadium Update No. 54,929

 

> Posted by Sarah Talalay at 11:54 PM

Attorneys for the plaintiff, Dr. Gregory Strand, in the Florida Supreme Court case that has been holding up a decision in auto dealer Norman Braman?s suit targeting the financing for a Marlins ballpark filed a motion today to request yet another re-hearing of the case.

 

The court has already re-heard the case once - a year ago. On Sept. 18, the state's high court overturned its earlier 7-0 decision, deciding instead in a 4-2 ruling that a public vote isn't necessary when using property taxes to pay off bonds issued for large public projects. The case, Strand v. Escambia County, deals with using property tax dollars to repay a $135 million bond issue without first asking taxpayers.

 

Miami-Dade Circuit Judge Jeri Beth Cohen has said she plans to follow the court?s newest ruling that referendums aren?t needed to use property taxes to pay back bonds on large public projects. But at the request of Braman?s attorneys, she agreed to wait until Oct. 2, when the period to request a re-hearing expires.

 

It?s unclear whether the motion to re-hear the case will alter Cohen?s decision to release her ruling on Thursday, but it?s unlikely. It also seems unlikely the court would decide to re-hear the case a second time.

The court is not required to re-hear the case, but it also has no timetable for making its decision.

Link to comment
Share on other sites


It’s unclear whether the motion to re-hear the case will alter Cohen’s decision to release her ruling on Thursday, but it’s unlikely. It also seems unlikely the court would decide to re-hear the case a second time.

 

Let's hope that's the case (no pun intended).

Link to comment
Share on other sites

So whats up? lol. Sorry but i dont understand this stadium business at all, so if any one can help me out please

In a nut shell:

 

Judge Cohen is delaying her final ruling on the stadium and Mega Plan issue until Oct. 2nd because that was the deadline to file a motion to re-hear the Supreme Court decision. The Court recently reversed itself on the ruling in question. They now say that communities can use CRA (Community Redevelopment Agency) money to fund projects without a public referendum. This change helps the Marlins stadium since now the City and County can use CRA money for the PAC (Performing Arts Center) loan payments and free tourist tax revenue to help fund the stadium.

 

Braman will undoubtedly now point to the motion filed by the attorneys in the case in Tampa as a reason for further delaying Judge Cohen ruling since technically the case is not completely settled. However, as Ms. Talalay states on her blog, it is unlikely that Judge Cohen will delay the ruling further since it is also unlikely that the Supreme Court will re-hear the case again, specially after just doing it a few weeks ago.

 

I hope this helps you understand this mess a little better.

Link to comment
Share on other sites

So whats up? lol. Sorry but i dont understand this stadium business at all, so if any one can help me out please

In a nut shell:

 

Judge Cohen is delaying her final ruling on the stadium and Mega Plan issue until Oct. 2nd because that was the deadline to file a motion to re-hear the Supreme Court decision. The Court recently reversed itself on the ruling in question. They now say that communities can use CRA (Community Redevelopment Agency) money to fund projects without a public referendum. This change helps the Marlins stadium since now the City and County can use CRA money for the PAC (Performing Arts Center) loan payments and free tourist tax revenue to help fund the stadium.

 

Braman will undoubtedly now point to the motion filed by the attorneys in the case in Tampa as a reason for further delaying Judge Cohen ruling since technically the case is not completely settled. However, as Ms. Talalay states on her blog, it is unlikely that Judge Cohen will delay the ruling further since it is also unlikely that the Supreme Court will re-hear the case again, specially after just doing it a few weeks ago.

 

I hope this helps you understand this mess a little better.

In other words Bramen's legal challenge has pretty much gone down the crapper and he is out of legal options to impede the Staduim

Link to comment
Share on other sites

October 3, 2008

Marlins Stadium Update No. 100,308

 

> Posted by Sarah Talalay at 9:23 PM

Another deadline, another delay.

 

Rather than issue her ruling on the final count in auto dealer Norman Braman?s case challenging the financing for a Marlins ballpark, Miami-Dade Circuit Judge Jeri Beth Cohen said Friday she would wait - once again - until the Florida Supreme Court?s ruling in a similar case is final.

 

Since attorneys for Gregory Strand filed a motion Monday with the Florida Supreme Court to re-hear Strand v. Escambia County, which challenges the use of property tax dollars to repay a $135 million bond issue without first asking taxpayers, the high court?s ruling is not considered final. After re-hearing the case last year, the court overturned an earlier 7-0 ruling and decided on Sept. 18 in a 4-2 ruling that referendums are not needed to use property taxes to pay back bonds on large public projects.

 

The court isn?t likely to re-hear the case a second time, but it also has no deadline by which it must decide whether to re-hear the case.

 

?Although I anticipate that the Court will deny the rehearing, it is incumbent on me to wait until the decision becomes final before issuing a definitive ruling. Thank you for your patience,? Cohen wrote Friday in a note to the attorneys in the Braman case.

 

Cohen has said she plans to follow the Supreme Court and rule a public vote is not needed for a portion of the financing for $3 billion in Miami projects. Braman has said he plans to appeal.

 

The Marlins, Miami-Dade County and the city of Miami do not believe a referendum would apply to the ballpark financing and are likely to continue with their plans to finalize definitive agreements spelling out the financing, construction management and other details of the ballpark.

Link to comment
Share on other sites

How much longer will we have to wait for the Supreme Court to decide not to rehear the case?

 

Since there is no time limit, technically we can be waiting long enough for the make-up of the actual Supreme Court to change. If this happens, the favorable 4-3 vote may be in jeopardy.

 

The more important question is: Once the Supreme Court decides not to rehear the case, will that decision be final?

Link to comment
Share on other sites

IRRELEVANT!! IRRELEVANT!! IRRELEVANT!! :banghead :banghead :banghead Why do these continue. The deal is done. Let's focus on getting the thing built now in the limited time we have.

 

Don't bang your head so much....your brain damage may worsen.

 

1. The financial crisis will affect the loans banks are willing to make. If there is a chance that the Supreme Court re-hears the case, the banks may balk at lending the kind of mega bucks needed to build the stadium.

2. The Miami-Dade County commissioners still need to vote in favor of several agreements for the project to move forward. We need 9 of the 13 members to vote in favor. Right now we only have 8 sure votes. Sorenson, Gimenez and Souto are definitely voting NO. Martinez and Heyman are threatening to vote NO. If we don't get either Martinez or Heyman to vote for the stadium, the deal WON'T be done.

 

The only deal that is done is the fact that the Baseball Stadium Agreement passed. That's it. The rest remains to be seen.

I hope you're right. I hope it is true that it is all in the bag, that I'm worrying needlessly.

Once it is really done, we'll celebrate together.

Link to comment
Share on other sites

When will those guys vote yes or no?

The recent Braman trial put everything on hold. The Marlins and the county manager have been working on the agreements since the trial ended as it appears that the final judgment may also be in their favor, but the judge is still waiting to see what finally happens in Tallahassee. I would hope that they're taking into account the concerns of commissioners Martinez and Heyman. Reportedly, the team will present the agreements to the commission for a vote in late October or early November. If there is a lot of back and forth the stadium construction will be delayed and the target completion date of April 2011 will not be met. That may set off another new set of problems such as extending the lease at Dolphin stadium beyond 2010, higher construction costs, etc...

Link to comment
Share on other sites

IRRELEVANT!! IRRELEVANT!! IRRELEVANT!! :banghead :banghead :banghead Why do these continue. The deal is done. Let's focus on getting the thing built now in the limited time we have.

 

Don't bang your head so much....your brain damage may worsen.

 

1. The financial crisis will affect the loans banks are willing to make. If there is a chance that the Supreme Court re-hears the case, the banks may balk at lending the kind of mega bucks needed to build the stadium.

2. The Miami-Dade County commissioners still need to vote in favor of several agreements for the project to move forward. We need 9 of the 13 members to vote in favor. Right now we only have 8 sure votes. Sorenson, Gimenez and Souto are definitely voting NO. Martinez and Heyman are threatening to vote NO. If we don't get either Martinez or Heyman to vote for the stadium, the deal WON'T be done.

 

The only deal that is done is the fact that the Baseball Stadium Agreement passed. That's it. The rest remains to be seen.

I hope you're right. I hope it is true that it is all in the bag, that I'm worrying needlessly.

Once it is really done, we'll celebrate together.

 

 

absolutley...and dont think the econonmic crisis isnt lingering in the back of the commissioners minds...the faster they can get this to a vote the better, the more they wait and the economy worsens, the more chances there is of this thing going the other way...

 

but, i am confident it will be finalized. hopefully, very, very soon.

 

in the midst of all this, people here who are passionate about this issue SHOULD CONTACT YOUR LOCAL COMMISSIONERS and pledge your support for the stadium. i have done it, so have others i know. the only way to swing the "NO" votes or the undecided is persuade them through public support.

 

here is the site where you can get their contact info: http://www.miamidade.gov/commiss/

Link to comment
Share on other sites

When will those guys vote yes or no?

The recent Braman trial put everything on hold. The Marlins and the county manager have been working on the agreements since the trial ended as it appears that the final judgment may also be in their favor, but the judge is still waiting to see what finally happens in Tallahassee. I would hope that they're taking into account the concerns of commissioners Martinez and Heyman. Reportedly, the team will present the agreements to the commission for a vote in late October or early November. If there is a lot of back and forth the stadium construction will be delayed and the target completion date of April 2011 will not be met. That may set off another new set of problems such as extending the lease at Dolphin stadium beyond 2010, higher construction costs, etc...

 

I dont really think that will be a problem as Huizenga has said he would not kick the Marlins out if they dont have a home. Now that can change considering he said that before the Hurricanes played at Dolphin Stadium, so its a little more crowded than before. I still think it wouldnt be too much to ask for an extra half season.

Link to comment
Share on other sites

  • 2 weeks later...

When will those guys vote yes or no?

The recent Braman trial put everything on hold. The Marlins and the county manager have been working on the agreements since the trial ended as it appears that the final judgment may also be in their favor, but the judge is still waiting to see what finally happens in Tallahassee. I would hope that they're taking into account the concerns of commissioners Martinez and Heyman. Reportedly, the team will present the agreements to the commission for a vote in late October or early November. If there is a lot of back and forth the stadium construction will be delayed and the target completion date of April 2011 will not be met. That may set off another new set of problems such as extending the lease at Dolphin stadium beyond 2010, higher construction costs, etc...

 

I dont really think that will be a problem as Huizenga has said he would not kick the Marlins out if they dont have a home. Now that can change considering he said that before the Hurricanes played at Dolphin Stadium, so its a little more crowded than before. I still think it wouldnt be too much to ask for an extra half season.

 

Well he also said he lost money after the first World Series win...so he's not too trustworthy =[

Link to comment
Share on other sites

An extension of a year shouldn't be a problem except that crator face has the deck stacked totally in his favor, and will charge the Marlin's organization a scary and obscene amount of money. Huipinga the landlord from hell!

 

To hell with that.

 

Just have the MLB schedule the first half of that season completely on the road, then when we move in to the OB, have the rest of our games be home games :thumbup :cool :shifty :mis2

Link to comment
Share on other sites

  • 5 weeks later...

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.

 Share

×
×
  • Create New...