Miami Circle - Controversy and Resolution

Controversy and Resolution

The developer Baumann, keen to continue construction of his condominium, offered to pay to relocate the circle to another site for preservation, an idea that Mayor Joe Carollo supported. But public opposition grew, with groups ranging from archaeologists and Native Americans to New Agers and schoolchildren protesting that the removal could potentially destroy one of the most archaeologically significant finds in North America. The Elizabeth Ordway Dunn Foundation made a donation of $25,000 to fund further exploration of the site, which continued until February 1999.

Following issuance of building permits by the City of Miami during the last week of January 1999, the Dade Heritage Trust (Miami-Dade County’s largest historic preservation organization) filed a lawsuit on January 31, 1999, seeking an injunction against further construction on site. Trust pro-bono attorney Gary Held, who filed the suit, arranged for an emergency hearing at the home of Circuit Court Judge Thomas Wilson. The basis for the lawsuit was that the developer had not obtained required approval in the form of a certificate of appropriateness from the City’s Historic and Environmental Preservation Board. At the hearing, the developer and the City were represented by counsel. Following arguments and the Trust’s admission that it was not prepared to post a bond to support the injunction request, the Judge denied the motion for temporary injunction. But, Baumann agreed to postpone construction on the site for thirty days while the archeologists finished their work.

Meanwhile, a plan to move the circle was proposed. Joshua Billig, stonemason of Rockers Stone and Supply, was to carry out the relocation. He quit on February 14, 1999, having become convinced the circle should not be moved. Using the 30-day delay in construction which Baumann agreed to, County Mayor for Miami-Dade Alex Penelas and others interested in saving the Circle, asked the County Commission to file a lawsuit to take ownership of the property. The Commission approved such action on 18 February, and Judge Richard Feder ordered a temporary injunction against building on the site. Baumann agreed to sell, but asked for $50 million, a price which he eventually lowered to $26.7 million. Baumann made a profit of 18.2 million minus the costs. In an unprecedented move, the State of Florida Preservation 2000 land acquisition program purchased the site from Baumann for that sum in November 1999, using both state funds and donations from various foundations and private citizens.

The "Brickell Point Site" was listed on the National Register of Historic Places on February 5, 2002.