Legal Challenge to David Beckham Soccer Stadium in Miami Tossed Out, Appeal Planned
Attorney Douglas Muir, who filed the original lawsuit against the city over the upcoming Nov. 6 referendum, said he plans to appeal the decision to dismiss his suit.
August 16, 2018 at 02:18 PM
6 minute read
The lawsuit over the November referendum on David Beckham's proposed Miami soccer stadium has been tossed out.
Miami-Dade Circuit Court Judge Reemberto Diaz on Wednesday dismissed attorney Douglas Muir's lawsuit accusing the city of Miami and its top officials of skirting their own procedures when they decided to hold the referendum.
Muir said he plans to appeal to the Third District Court of Appeal.
Diaz said Muir has no standing to sue because he failed to show he was harmed beyond any harm experienced by the public, that he fails to show a constitutional or statutory right has been violated, and that the city complied with all legal requirements for the election.
Muir “fails to allege or even demonstrate that he has suffered any injury, let alone an injury that is different from the public,” Diaz wrote, adding that Muir doesn't say in his complaint that he is a registered voter and that he wants to bid on the property.
Muir disagreed with the judge's determination of no standing.
“The voters voted by referendum to grant standing, so the court negating standing and the will of the voters, I don't think that would be upheld,” he said.
“The charter and the Citizens' Bill of Rights enacted by referendum in 2016 is clear that residents have standing to bring suit to enforce the charter,” he added in an email.
Muir is referring to a November 2016 referendum in which Miami voters approved a charter amendment that, among other things, gave them the right to sue and be heard in court to enforce charter compliance.
In the upcoming Beckham referendum, Miamians on Nov. 6 will cast ballots whether to lease the city-owned Melreese golf course for a base rent of $3.5 million annually to the retired English soccer player and his project partners. They want to build a 25,000-seat stadium and develop about 1 million square feet of real estate, including tech-focused offices, a hotel and entertainment.
The Miami City Commission on July 18 voted 3-2, with Commissioners Manolo Reyes and Willy Gort dissenting, to hold the referendum.
On the same day but hours before the vote, Muir filed his petition for writ of mandamus accusing the city of intending to “consider favorably” the referendum and potentially leasing public land without competitive bidding.
The commission had previously held a nearly 7-hour meeting on the project July 12 but didn't take a final decision because swing voter Commission Chairman Ken Russell asked the developers to tweak parts of their proposal to include things such as a $15-an-hour minimum wage in order to win his vote.
Muir, who was both plaintiff and the attorney who filed the complaint, argued that the ballot question asks voters to change one part of the city charter, Section 29-B, to allow the city to lease the land without competitive bidding. But a different section, Section 29-A, also requires competitive bidding, Muir said.
Muir sued the city as well as City Manager Emilio Gonzalez, City Attorney Victoria Mendez, Mayor Francis Suarez and the five city commissioners. He alleged a lack of guidance from the city attorney led to confusion about the correct process.
Miami Freedom Park LLC, the official name for the developers, successfully intervened as a defendant — and, based on Diaz's decision Wednesday, it also successfully argued that Muir had no standing.
The court agreed with Miami Freedom Park's response that “while plaintiff's self-proclaimed status as the defender of the public rights may be viewed by some as virtuous pursuit, this court is bound by stare decisis to require plaintiff to demonstrate a special injury,” Diaz wrote in his order to deny the writ of mandamus with prejudice.
Diaz also denied an alternative writ of mandamus that Muir filed Tuesday afternoon, the day before the hearing. In this amended complaint, Diaz added Miami-Dade County Supervisor of Elections Christina White as a defendant. One of his additional arguments was that the city violated the state constitution in part by creating laws that put a private company at an advantage that it didn't have before.
Miami-Dade Deputy Supervisor of Elections, Government Affairs and Media Suzy Trutie declined to comment on White being named as a defendant, only saying that the elections department's role in the election is administrative.
Now that the lawsuit was dismissed, the department will proceed with putting the referendum to voters, she added.
The city in a July 31 response to Muir's lawsuit argued it complied with its charter and that Section 29-A doesn't apply to this project as it deals with unified development projects, or projects in which the city buys services from a company.
Diaz, the judge, also disagreed with Muir's argument to require the city to designate the project as a unified project development. That's a discretionary decision for the city to take and as such the judge can't force it to do this as a mandamus is used in courts to enforce a legal requirement, not an elective one.
Diaz also ruled that he is prohibited by a separation of powers doctrine from interfering with the city's decision to hold the referendum and disagreed with Muir's argument that the ballot question violates the single-subject rule.
Muir had argued in his lawsuit that the city violated Florida law by trying to “log-roll” multiple subjects into one referendum.
This rule, however, doesn't apply to the upcoming referendum, Diaz said.
“Finally, as further grounds for denial it is clear from the four corners of the complaint that the public was provided an opportunity to comment during the public hearing,” Diaz wrote toward the end of his five-page complaint.
Diaz's denial of the writ was a victory for the city.
“We are pleased with the Court's decision. The Court agreed that the City followed the proper process in proposing the charter amendment and gave the public the opportunity to comment during public hearing,” Mendez, the city attorney, said in an email.
If voters approve the referendum, then the City Commission still has to vote on the land lease. Four out of five commissioners must approve the lease for the project to move forward.
Beckham and his project partners — who locally are brothers Jorge and Jose Mas, heads of infrastructure firm MasTec Inc. — want to develop their project on 110 of the 150-acre International Links Melreese Country Club at 1802 NW 37th Ave., east of Miami International Airport.
Beckham, who was awarded an MLS franchise in January, also is working with British entrepreneur Simon Fuller, Sprint and SoftBank chairman Masayoshi Son and Sprint CEO Marcelo Claure.
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