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May 8--MIAMI -- A lawsuit filed by luxury auto dealer Norman Braman challenging a plan to finance a Florida Marlins ballpark will go forward after a judge chose Thursday not to dismiss complaints that the plan is unconstitutional and misappropriates voter-approved bond funding.
Miami-Dade Circuit Judge Pedro Echarte Jr. let stand Braman's claims that the proposed $515 million ballpark at the site of the Orange Bowl violates Florida's constitution. Braman's suit says the deal relies on public funding for a private business and uses $50 million approved by voters in 2004 to renovate the Orange Bowl, not build a ballpark.
Echarte dismissed claims that County Manager George Burgess violated the state's public records law by negotiating the agreement in private.
"[It's] a good day for the people of South Florida because finally we'll have an opportunity to have a trial," said Bob Martinez, an attorney representing Braman, said.
The trial date is set for July 1.
County officials declined comment, but County Attorney Robert Cuevas issued a memo to commissioners explaining the court had ruled in favor of the county on the public records issues. Cuevas said the court will consider the funding arrangements and whether the stadium "serves a paramount public purpose."
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