MIAMI – A little more than two months after sending a notice to the owners of the troubled Miami Seaquarium, Miami-Dade County filed a lawsuit Tuesday seeking MS Leisure Company’s eviction from the Virginia Key property.
It comes after the “company failed to vacate the premises,” county officials said in a news release.
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The lawsuit, filed Tuesday afternoon in county court, cites concerns over animal welfare and structural issues at the park, saying MS Leisure Company has failed to “maintain the animals in their care in accordance with federal laws and regulations” and has failed to keep the premises “in a good state of repair and in a clean condition,” among other things.
Miami-Dade Mayor Daniella Levine Cava and Commissioner Raquel Regalado, whose district includes Virginia Key, issued a joint statement on the lawsuit Tuesday afternoon to Local 10 News.
Joint statement:
“Our ultimate priority has always been to ensure the safety and wellbeing of the hundreds of animals in the Seaquarium’s care, and it’s critical that we proceed in a manner that best protects them.
Miami-Dade County continues to believe that the grounds for the termination of the lease are still present, and for that reason we have decided to continue with the eviction process in court. We expect the Dolphin Company to take the necessary steps to vacate the premises and ensure that the transition is done in a safe and orderly manner, especially for the animals under their care.
It’s time to turn the page on a new chapter as we remain committed to the health and wellbeing of these animals.
Thank you to all the residents and advocates who have made your voices heard on this important topic.”
Joint statement of Miami-Dade Mayor Daniella Levine Cava and Commissioner Raquel Regalado
The marine park’s owners, the Dolphin Company, have argued that they’ve improved conditions at the park and have sued the county to “protect our legacy and ensure our ability to continue making positive impacts on marine conservation.”
Questions have been raised over what will happen to the animals at the Seaquarium.
However, the Seaquarium’s parent company recently dropped a request for a temporary restraining order against the county’s eviction process, after it said it received an assurance from county officials that the animals would be protected.
While the county owns the land, the animals are considered the company’s property.
As for the land the park sits on, Levine Cava and Regalado said during a March news conference that the Virginia Key site is considered “parkland” and is subject to charter restrictions and covenants as to how it can be used in the future.
Legal analyst David Weinstein, who’s not involved in the case, said Tuesday’s filing, a summary eviction proceeding, “begins the ticking of a 5-day clock for the Dolphin Company to file their answer and any defenses that they have to the eviction,” adding that the process is “much faster” than a traditional eviction proceeding.
Weinstein said the Seaquarium’s operators may choose to re-file its request for a temporary restraining order in its lawsuit against the county in light of its latest move to evict.
Local 10 News contacted a spokesperson for the Miami Seaquarium seeking comment on the latest legal filing, and their statement can be read below:
County leaders have said they planned for a “new future” for the site after the lease termination/eviction process with its current tenant concludes.
“We are a long ways away from determining what happens to the site,” said Miami-Dade County Commissioner Raquel Regalado during a March 7 news conference.
Read the lawsuit: