Residents Sue Miami-Dade to Force a Vote on Seaquarium Marina

Two Miami-Dade residents sued the county Wednesday to force a countywide referendum before a new marina can be built at the former Miami Seaquarium site on Virginia Key, a day after commissioners took steps to advance the project.

Aaron Stauber and Gregory Frankel’s complaint invokes Article 7 of the county charter, which the plaintiffs say gives voters the right to decide whether county waterfront and offshore submerged lands can be leased to a private developer for commercial use. They argue the submerged bay bottom where the marina would sit was never covered by the Seaquarium’s existing lease or its referendum exemption. The pair notified the county mayor and attorney on Sept. 30 that they intended to file a “citizen enforcement action,” the charter’s mechanism for residents to sue over alleged violations.

The suit targets a marina redevelopment tied to Terra’s David Martin, who is seeking a county ground lease for the Seaquarium site Miami-Dade reclaimed after evicting the prior operator in 2024, and who filed plans in July for the Virginia Key waterfront site, reported here at the time. Martin has said an expedited lease amendment left no time for a lengthy referendum process he maintains is not legally required, arguing Article 7’s exemption for the Seaquarium and its marinas already covers the plan.

Why it matters

The case tests how far the county’s referendum exemption for the Seaquarium site stretches, specifically whether submerged bay lands used for a 325-slip marina fall inside or outside it. A ruling against the county would stall a marquee waterfront redevelopment and add Miami-Dade to a year of South Florida marina fights already playing out over the separate Rickenbacker and Marine Stadium referendum in the city of Miami.

The numbers

The plan calls for 325 boat slips and dry-stack racking for 552 more vessels, roughly in line with the figures Martin’s team filed in July. The plaintiffs are seeking an injunction and a declaratory judgment, not damages.

What’s next

A judge must first rule on the injunction request before the county can finalize the amended lease. Martin’s side is expected to argue the charter exemption controls, while Stauber and Frankel press for the matter to go before voters, as a separate Virginia Key marina question already has in the South Florida market this fall.