MIAMI – The operators of the Miami Seaquarium have dropped a motion for a temporary restraining order against Miami-Dade County, which is moving to evict the troubled marine park from the county’s Virginia Key property over conditions and animal welfare concerns at the site.
In filing the motion in federal court in April, MS Leisure Company said the park’s animals would “likely perish” if the company was evicted.
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However, the newly-filed motion to dismiss states that a county assurance to protect the animals “alleviated the need for immediate intervention by the Court, at least for the moment.”
The company states that it “retains the right to re-file the same or similar motion should the need arise.”
The park’s other litigation against the county continues. Seaquarium leadership, at the time, said it sued to “protect our legacy and ensure our ability to continue making positive impacts on marine conservation.”
Daniel Wehking, an attorney and former Seaquarium animal caretaker, who is now a critic of the park, weighed in.
“(The) Seaquarium retains its lawsuit asking the court to insert itself into a landlord-tenant dispute through the Endangered Species Act which is both unprecedented and laughable,” Wehking said in a statement to Local 10 News. “The county’s request to dismiss the case is still pending.”
At last check, the county has yet to formally file an eviction motion in court.
Local 10 News has contacted a Miami-Dade County spokesperson seeking comment.
Motion to withdraw: