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September 10, 2008
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Judge Rules Marlins Ballpark Would Serve The Public Good

Judge Rules That New Marlins
Ballpark Would Serve Public Good 
Miami-Dade Circuit Court Judge Jeri Beth Cohen yesterday ruled that a new Marlins ballpark "funded primarily through tax dollars serves the public good," according a front-page piece by Rabin & Lebowitz of the MIAMI HERALD. With the ruling, the county and the Marlins said that they will "move ahead with construction" of the proposed $515M, 37,000-seat retractable-roof ballpark. Marlins President David Samson said of the ruling, "This is the one we've been waiting for. It's a complete victory. It took a long time." Rabin & Lebowitz report the agreement calls for the Marlins to "put $120[M] toward the stadium, and also repay the county another $35[M] in 'rent payments.'" The Marlins and the government are "going forward," even as Cohen has yet to rule on one of Miami auto dealer Norman Braman's seven lawsuits against the project. The Marlins and the government "believe that issue -- involving the complex financing that set the stadium and a string of other public works projects in motion -- would not affect the new ballpark." Braman after yesterday's ruling said, "It's not what we believe the constitution of the state of Florida states, and we will appeal the judge's decision to the Supreme Court." Samson replied, "Let's cut right through it. The trial court's job is to apply the law -- not to make the law." Cohen said that the case law was "unshakable, and that she could not counter 39 years of rulings that backed the Marlins, the county and the city of Miami's contention that the public would benefit from a new stadium" (MIAMI HERALD, 9/10).

CRUCIAL STEP IN LONG-TERM FUTURE: Marlins Owner Jeffrey Loria in a statement said, "This is a crucial step in securing the long-term future of [MLB] in Miami." In Ft. Lauderdale, Sarah Talalay reports the Marlins plan to unveil renderings of the ballpark "shortly." Cohen plans to rule on Braman's remaining count after September 15, as the judge is "waiting for the state Supreme Court to rule in similar cases" (South Florida SUN-SENTINEL, 9/10). Miami-Dade County Manager George Burgess said that Braman's remaining claim "is not related to the stadium" (BIZJOURNALS.com, 9/9).


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