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Mr. "a hole" Braman is at it again


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This Braman "a hole" has enough money to go on, and on, and on.......

This is the latest on Miamitodaynews.com a newspaper that has been against the stadium from the begining.

 

 

 

 

 

Judge to determine whether Braman's legal team will get information about parking garage financials

 

By Risa Polansky

Financial projections for parking at a planned new Marlins ballpark should have come into play when a judge ruled this summer that stadium plans serve a public purpose, says auto dealer Norman Braman, who vows to continue his ongoing legal battle against local governments' plans for a stadium and other large-scale public works projects.

The parking numbers themselves are secondary, argues Miami City Manager Pete Hernandez, maintaining that it's the concept that the garage would be self-sustaining that really matters.

The decision lies now in Circuit Judge Jeri Beth Cohen's hands as she considers a motion filed by the Braman team asking permission to seek evidence from the city and question Mr. Hernandez about parking garage financial projections they say were not revealed during this summer's legal battle.

"We feel it's important information," Mr. Braman said. "We want the right to go in discovery and ask why they did it."

The motion applies only to one count of the multi-pronged lawsuit: whether the stadium serves a "paramount public purpose." The judge ruled that it does. She has ruled against Mr. Braman on all but one outstanding count in the suit.

The city was not a party to the "public purpose" count, but an assistant city attorney made closing arguments at the trial.

Mr. Hernandez, who maintains that a garage should cost no more than 10% above his original $94 million estimate, said the city provided all information available when Mr. Braman's lawyers requested it, including, "in my understanding," October 2007 Miami Parking Authority estimates that show building a garage could cost $150 million and operating it could lose the city more than $8 million a year.

According to the motion, that document was never considered by the court.

"If they're asking for additional information, it may be they're fishing ? I don't know what," Mr. Hernandez said.

Bob Martinez, Mr. Braman's attorney, said it could be that the city's attorney did not have the information the city manager had, rather than an omission.

"Sometimes the left hand doesn't know what the right hand is doing in government," he said.

Assistant City Attorney Henry Hunnefeld, who represented the city in court, declined to comment on the record. City Attorney Julie Bru did not respond to calls and e-mails.

It's important that the judge see the parking authority document now, along with June 2008 numbers ? also tens of millions of dollars higher ? prepared by consultant Jones Lang LaSalle, "because the court's order on that issue relied upon in some part benefits from parking garage" revenues, Mr. Martinez said.

In her court order, Judge Cohen wrote that "the court does credit evidence that the Marlins are required to pay $10 per space for all parking spaces for all stadium events, even if the spaces are not actually used. This is estimated to produce $200 million in revenues to the city over the term of the lease."

But the Miami Parking Authority estimates drawn up for the city a year ago project a nearly $8.3 million annual net loss.

Those numbers were run before the Marlins and local governments agreed to their space-payment arrangement, Mr. Hernandez noted, which, as the judge wrote, says the team is to pay for each home game $10 a space, a number set to rise gradually to $12.50 per space by the stadium's 31st year.

Mr. Hernandez added that the Jones Lang LaSalle report "was done in June or end of June '08. So when they did discovery, obviously that was not available. That didn't exist"

But Mr. Martinez points out in the motion that the information was in the city's hands "in the month preceding the trial."

The motion says the information should have been brought to light during the trial itself, not specifically during the discovery period.

But it "doesn't make any sense" that parking cost estimates would matter in determining whether the stadium serves a paramount public purpose, Mr. Hernandez said, especially when the garage price depends heavily on timing and could change due to outside factors such as materials costs.

All of that will be considered when the time comes, he said.

John Paccione of Jones Lang LaSalle said in an interview last week that the consultant is taking another look at garage costs.

"There's a lot of fluctuation in the marketplace right now, and that's an advantage to the city," he said.

No matter what, Mr. Hernandez insisted any garage built would pay for itself, as the city cannot afford a project that would require a subsidy.

"What's of most importance is that whatever we end up building? it will be done in such a way that's self-sustaining," he said.

He maintained that the judge was not addressing the issue of cost ? "the court was dealing with an issue of paramount public purpose."

Still, Mr. Braman's motion emphasizes that the city used its lower numbers in making its case in court, and the judge referred to them in making her ruling.

"Having argued that the parking garage would provide an economic benefit to the city and the community, the city should have also informed the court that its own hired consultant and the MPA (the public expert on the construction and operation of parking garages) had disagreed with its conclusion on these key issues, and that they had, in fact, told the city that it would suffer a substantial operating loss and that the cost of construction would be at least 50% greater than the amount represented to the court," the ruling says. "Instead, the court only received an incomplete, one-sided, favorable presentation that appears not to have been accurate."

It's now up to the judge what to make of the motion, attorney Mr. Martinez said. The judge could grant it and allow the city to be questioned. Or, she could declare it irrelevant and dismiss it altogether.

"A variety of different things could come out of it," he said.

Regardless, Mr. Braman vows to appeal his earlier losses once the judge issues her final written order on the last count in the suit, which deals with the financing plan for the stadium and other projects.

Judge Cohen has said she may rule against Mr. Braman but is waiting to formally issue her opinion until the state Supreme Court finalizes a related case.

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Whether we like it or not, he has every right to question anything he wants. Sounds like he is grasping for straws here and I would think the judge will also see it that way. This is really nothing to worry about, IMO. But let's hear from our lawyer friends on here to verify that.

 

There is something to worry about tho. If these numbers are right, then the Marlins must pay $10 for every available space for at least 81 home games. No doubt some of those spaces will go to employees (Marlins and stadium/parking), players, coaches, and staff and they won't have to be paying anything for parking. At least I wouldn't think they would. Point is, it's starting to look more and more like that at least $20 for parking I said some time ago is going to be a reality.

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Whether we like it or not, he has every right to question anything he wants. Sounds like he is grasping for straws here and I would think the judge will also see it that way. This is really nothing to worry about, IMO. But let's hear from our lawyer friends on here to verify that.

 

There is something to worry about tho. If these numbers are right, then the Marlins must pay $10 for every available space for at least 81 home games. No doubt some of those spaces will go to employees (Marlins and stadium/parking), players, coaches, and staff and they won't have to be paying anything for parking. At least I wouldn't think they would. Point is, it's starting to look more and more like that at least $20 for parking I said some time ago is going to be a reality.

 

Anyone that thinks we'll be getting bargain basement prices in a new half billion dollar retractable roof stadium is kidding themselves.

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From Miamitodaynews.com

 

 

Miami argues Braman's motion essentially requests a new trial, that estimates on parking facility costs would not change ruling

 

By Risa Polansky

Civic leader Norman Braman's motion to seek new evidence from the City of Miami in his fight against a publicly funded Marlins ballpark essentially requests a new trial and should be denied, says a response city attorneys sent to the Braman team Tuesday.

Mr. Braman's court motion this month asked permission to question the city for financial details on garage parking proposed for the stadium site.

The city had estimates that a garage could cost tens of millions more than officials said in court but never made it known, the Braman motion says.

The city in response acknowledges Mr. Braman has not asked for a new trial but says "the only relief the discovery would be relevant to is to try and obtain a new trial."

It argues that Mr. Braman's motion does not meet state requirements to re-open the case.

Examining parking cost estimates would not change the original ruling against Mr. Braman, the response says.

In deciding that the stadium serves a paramount public purpose, Judge Jeri Beth Cohen acknowledged that the stadium agreement between the city, team and Miami-Dade County says Marlins parking payments are to generate $200 million for the city over the life of the lease.

The city's response says the judge's order "is clear that the general benefits apart from the cost of the parking garage were substantial. The only reference by the court to this issue correctly states the fact that the revenues generated by this parking facility would be massive over the course of the [stadium] agreement."

In October 2007 the Miami Parking Authority projected a garage could cost $150 million ? the city continues to use $94 million ? and lose $8 million a year on operations for the agreement's 35 years.

The Braman motion said that was not made known in trial.

But those numbers were projected before the governments and team made an official agreement, which contains different figures than the parking authority used, the city's response says.

"If these numbers were included, the projections would be dramatically altered."

A report by consultant Jones Lang LaSalle that estimated 6,000 garage spots could cost $135 million was submitted to the city after discovery was completed and four days before the trial was to begin. It was never referenced during trial, but Florida law doesn't require a party to "supplement" information provided prior, the city says.

The response adds that while Mr. Braman's attorneys "challenged every aspect of the costs of the stadium itself for the purpose of establishing that the stadium did not qualify as a paramount public purpose to Miami-Dade County, when they deposed the city representative (CFO Admin Spring) with the most knowledge of the parking costs and revenues they asked essentially no questions of the witness regarding the parking garage revenues or cost estimates."

Also, an exhibit the city provided shows a garage could cost up to $104 million, but the Braman team never took issue with that higher estimate during the trial, the city says.

The response asserts that the Braman team is trying "to elevate parking garage estimates to a level of importance that they never did up through trial."

 

 

 

PARKING PRICE PROGRESS: Jones Lang LaSalle, consultant to the City of Miami in developing the former Orange Bowl site for a Marlins stadium, is making progress in designing parking structures in line with city cost projections, says John Paccione, managing director. City officials have said providing 6,000 garage spots should cost about $94 million. But consultants — including Jones Lang LaSalle — have projected costs upward of $135 million as recently as June. Now, "we're starting to see the numbers get very close to the city's budget," Mr. Paccione said. He declined to share specifics but attributed projected cost drops to design efforts and the construction market. "We've been very efficient with the design, layout and plans for the parking structures. We've simplified the facades of the parking structures… and the market is getting very competitive." Specifics should appear in a filing for a major use special permit expected next month.

 

 

 

BONDS ROADBLOCK?: The higher garage cost estimates revealed by Miami Today prompted stadium opponent Norman Braman to file a new motion in his legal battle against the ballpark. He's lost thus far in court but vows to appeal. Ongoing litigation could affect a bond sale, says South Carolina lawyer Margaret Pope, president of the American College of Bond Counsel. Miami-Dade does not plan to seek financing until spring, but if the suit is ongoing, the county's bond counsel would have to disclose it. "They would talk about whether it was material in their opinion or not, in their opinion what their chances of success are, and it would be up to the purchasers to weigh that as a factor in buying the bond," she said. If the legal issue could affect whether the project rises and the bonds get paid, it could deter buyers, she said. But "I have certainly closed bond issues when there has been outstanding litigation on it because the purchasers deemed it to have little probability of success, or it had little to do with the project itself."

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Whether we like it or not, he has every right to question anything he wants. Sounds like he is grasping for straws here and I would think the judge will also see it that way. This is really nothing to worry about, IMO. But let's hear from our lawyer friends on here to verify that.

 

There is something to worry about tho. If these numbers are right, then the Marlins must pay $10 for every available space for at least 81 home games. No doubt some of those spaces will go to employees (Marlins and stadium/parking), players, coaches, and staff and they won't have to be paying anything for parking. At least I wouldn't think they would. Point is, it's starting to look more and more like that at least $20 for parking I said some time ago is going to be a reality.

 

Anyone that thinks we'll be getting bargain basement prices in a new half billion dollar retractable room stadium is kidding themselves.

 

The stadium itself has nothing to do with it. Limited parking does. And there is no way around it. Right now, $20 a game sounds cheap to me. I would be willing to bet if there are enough spaces left after the org takes their spots and the season ticket holders take theirs, the cost for convenient parking is going up. But on the bright side, it will be a great built in excuse for not going to games. So for those folks that look for such things, and you know who you are, write this down as "Excuse #1". More to follow. Lots more.

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  • 4 weeks later...

As I said earlier last week, the ever philanthropic Norman "the gullible" Braman filed his appeal last week, right on schedule. There are Bar Associations throughout South Florida who are ready to memorialize him on courthouses throughout the region for keeping so many lawyers employed in these tough economic times. I only wonder how well sales of those nazi-mobiles he hawks are selling these days.:

 

 

Marlins Stadium Update No. 560,222

> Posted by Sarah Talalay at 2:25 PM

 

Apparently, auto dealer Norman Braman hasn't been put off by losing in circuit court ? or losing a "considerable amount" of money in Bernie Madoff's Ponzi scheme. Braman's attorneys filed notice Friday that he's appealing to the Third District Court of Appeal the case targeting the financing for $3 billion in Miami projects, including the Marlins ballpark.

 

Braman promised all along he would appeal. All that's been filed is the notice ?that's all that's required. Braman's briefs in the case are due in early March, unless deadlines are extended.

 

Several people have asked me if the state pulling its support of the traffic tunnel to the Port of Miami earlier this month will have any bearing on the ballpark. It shouldn't. Although the projects were tied together in the so-called "global agreement" that laid out financing for the $3 billion in projects, none of the projects is dependent on any other. Each needs its own set of government approvals and it's not a domino situation, where if one falls so do the others.

 

And speaking of government approvals, it's likely the financing, construction management, non-relocation and other agreements spelling out details of the $515 million ballpark proposed to be built at the site of the former Orange Bowl, will be presented to Miami-Dade County and city of Miami commissioners in early January, with votes coming later in the month.

 

http://blogs.trb.com/sports/custom/busines...te_no_5602.html

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As I said earlier last week, the ever philanthropic Norman "the gullible" Braman filed his appeal last week, right on schedule. There are Bar Associations throughout South Florida who are ready to memorialize him on courthouses throughout the region for keeping so many lawyers employed in these tough economic times. I only wonder how well sales of those nazi-mobiles he hawks are selling these days.:

 

 

Marlins Stadium Update No. 560,222

> Posted by Sarah Talalay at 2:25 PM

 

Apparently, auto dealer Norman Braman hasn't been put off by losing in circuit court ? or losing a "considerable amount" of money in Bernie Madoff's Ponzi scheme. Braman's attorneys filed notice Friday that he's appealing to the Third District Court of Appeal the case targeting the financing for $3 billion in Miami projects, including the Marlins ballpark.

 

Braman promised all along he would appeal. All that's been filed is the notice ?that's all that's required. Braman's briefs in the case are due in early March, unless deadlines are extended.

 

Several people have asked me if the state pulling its support of the traffic tunnel to the Port of Miami earlier this month will have any bearing on the ballpark. It shouldn't. Although the projects were tied together in the so-called "global agreement" that laid out financing for the $3 billion in projects, none of the projects is dependent on any other. Each needs its own set of government approvals and it's not a domino situation, where if one falls so do the others.

 

And speaking of government approvals, it's likely the financing, construction management, non-relocation and other agreements spelling out details of the $515 million ballpark proposed to be built at the site of the former Orange Bowl, will be presented to Miami-Dade County and city of Miami commissioners in early January, with votes coming later in the month.

 

http://blogs.trb.com/sports/custom/busines...te_no_5602.html

 

So is his appeal concentrating on the stadium or on the tunnel.

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So is his appeal concentrating on the stadium or on the tunnel.

 

Having not seen the appeal his lawyers filed, and not being a lawyer in any event, I wouldn't hazard a guess although it's perhaps important to understand that while the focus of his last law suit appeared to be the stadium, in reality that was because his strategy was to find that part of the larger deal deal which he/his attorneys saw as the most vulnerable and easiest to undermine to pull the whole house of cards down.

 

That strategy failed for a number of reasons, not the least of which was the "global agreement" was really one in name only and none of the pieces wholly dependent on the others to succeed. This time it appears he's going directly after the Marlins as much for spite as anything else. After all, if you've just been a made fool of in the world press by being swindled by Madoff and Co., you might as well find someone or something you can bully around to make yourself feel better.

 

Norman Braman is no less the scum he was last month just a bit poorer. Hopefully the German car market suffers in the same way as our own and Toyota, and we can watch him further humbled in front of the alter of public opinion. No one deserves a good Chapter 7 bankruptcy more.

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So is his appeal concentrating on the stadium or on the tunnel.

 

Having not seen the appeal his lawyers filed, and not being a lawyer in any event, I wouldn't hazard a guess although it's perhaps important to understand that while the focus of his last law suit appeared to be the stadium, in reality that was because his strategy was to find that part of the larger deal deal which he/his attorneys saw as the most vulnerable and easiest to undermine to pull the whole house of cards down.

 

That strategy failed for a number of reasons, not the least of which was the "global agreement" was really one in name only and none of the pieces wholly dependent on the others to succeed. This time it appears he's going directly after the Marlins as much for spite as anything else. After all, if you've just been a made fool of in the world press by being swindled by Madoff and Co., you might as well find someone or something you can bully around to make yourself feel better.

 

Norman Braman is no less the scum he was last month just a bit poorer. Hopefully the German car market suffers in the same way as our own and Toyota, and we can watch him further humbled in front of the alter of public opinion. No one deserves a good Chapter 7 bankruptcy more.

 

You keep saying that, so I'm guessing he has a VW dealership in Dade. Here (PBC) he has Honda, Rolls Royce, Bently, and Coopers. I have major obstacles getting parts for the British made vehicles elsewhere, but I have boycotted his Honda dealership.

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So is his appeal concentrating on the stadium or on the tunnel.

 

Having not seen the appeal his lawyers filed, and not being a lawyer in any event, I wouldn't hazard a guess although it's perhaps important to understand that while the focus of his last law suit appeared to be the stadium, in reality that was because his strategy was to find that part of the larger deal deal which he/his attorneys saw as the most vulnerable and easiest to undermine to pull the whole house of cards down.

 

That strategy failed for a number of reasons, not the least of which was the "global agreement" was really one in name only and none of the pieces wholly dependent on the others to succeed. This time it appears he's going directly after the Marlins as much for spite as anything else. After all, if you've just been a made fool of in the world press by being swindled by Madoff and Co., you might as well find someone or something you can bully around to make yourself feel better.

 

Norman Braman is no less the scum he was last month just a bit poorer. Hopefully the German car market suffers in the same way as our own and Toyota, and we can watch him further humbled in front of the alter of public opinion. No one deserves a good Chapter 7 bankruptcy more.

 

You keep saying that, so I'm guessing he has a VW dealership in Dade. Here (PBC) he has Honda, Rolls Royce, Bently, and Coopers. I have major obstacles getting parts for the British made vehicles elsewhere, but I have boycotted his Honda dealership.

 

 

BMW - building a service center with 175 bays - may he choke on it.

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  • 2 weeks later...

In Dade he owns tons of dealerships including Honda, Cadillac, BMW,...etc.

 

 

When do we figure out what is happening with the appeal and all? I live in Gainesville during the school year so I don't get to read about it in the Miami Herald, is there anywhere I can get an update?

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  • 2 months later...

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