Fla. judge delays ruling on Marlins park lawsuit

MIAMI (AP) -- A judge said Monday she will delay her final ruling on the financing plan for a new Florida Marlins ballpark until early October.

Circuit Court Judge Jeri Beth Cohen said she would wait until the end of a 15-day period in which the state Supreme Court could rehear motions on a decision. The high court's ruling undermined one of the key claims in auto dealer Norman Braman's lawsuit.

Cohen said she would issue her ruling on the remaining count in the lawsuit by the close of business Oct. 2, and said she was unlikely to switch her opinion in the case.

"You think he's going to file something and I'm going to change my mind?" Cohen told attorneys representing the team and local officials. "It's not going to happen. This is a dead issue as far as I'm concerned."

Last week, the state Supreme Court said voter approval was not required for the use of redevelopment bonds in roads, buildings and other local projects. Those projects typically increase property values, which in turn generate more tax revenue. The bonds then are repaid with that additional income.

The ruling, which is not final until the period for rehearing motions ends, helped clear the way for the Marlins' proposed 37,000-seat, retractable-roof stadium.

"They've nailed multiple number of nails into the coffin on that claim," Marlins attorney Sandy Bohrer told the court. "It's time to just enter a final judgment and not delay, delay, delay."

The proposed stadium cleared another hurdle earlier this month, when Cohen ruled it would serve a public purpose, giving her no right to overturn the decision of the elected officials who approved it.

"This project's ready to go," Bohrer said after Monday's hearing. "And Mr. Braman and his attorneys are apparently willing to stand up in court and say they have something new. The trial's over. The judge should rule at the end of the trial, she didn't. ... She should rule right now, enter a final judgment and cut 10 days off the delay they are going to ask for."

Braman sued shortly after approval of the county's $3 billion so-called "megaplan," which includes the new stadium, a tunnel to the Port of Miami and a museums park. Braman, a philanthropist, art collector and former owner of the NFL's Philadelphia Eagles, argued the project financing is unconstitutional.

Braman's attorney said he planned to appeal the decision and wanted the additional time to analyze the Supreme Court's ruling.

"I want to see whether there's something we need to file to the court to preserve our position. I'm being a cautious attorney, protecting my client's interest," said Braman's attorney, Bob Martinez. "I want to make sure that the issues on appeal that we're able to raise are properly protected. Sometimes when you don't do that, sometimes courts of appeal will not allow you to bring them up for the first time on appeal."

The Marlins look to build their new ballpark on the site of the Orange Bowl in Miami's Little Havana neighborhood. The team has played at Dolphin Stadium since its inception in 1993. But team advocates for a new stadium say that the ballpark is not designed for baseball and that fans need a roof in the hot, rainy Florida summers.

(Copyright 2008 by The Associated Press. All Rights Reserved.)