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Court Tosses Bid to Block Marlins’ New Ballpark

(CN) - A Florida appeals court dismissed a bid to block the Florida Marlins' plans for a new baseball park in Miami, saying the objection is moot.

Graciela Solares and Elvis Cruz asked the court to stop Miami-Dade County and Miami from selling bonds to fund the ballpark pending the settlement of their previous legal challenge to the ballpark plan.

The trial court refused to issue the injunction, and the Third District Court of Appeal dismissed the appeal as moot, because the bonds have already been sold.

But Solares and Cruz insisted that the issue was not moot.

"The plaintiffs argue that the county is using the proceeds of the refunding bonds for an illegal purpose," Judge Gerald Cope Jr. wrote. "That argument makes no difference. ... The issuance and sale have occurred, and the bonds are now held by persons who are not parties to this litigation," the judge added.

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