Miami Seaquarium sues county to stop eviction, claiming animals will ‘likely perish’ otherwise

MIAMI – The Miami Seaquarium filed a federal lawsuit Friday against Miami-Dade County, just two days before a deadline to vacate the Virginia Key property.

It’s the latest volley in an ongoing battle between the troubled marine park and the county, which, citing U.S. Department of Agriculture inspection reports documenting a series of repeat violations, is pressing forward in its lease termination process, with an April 21 deadline.

The lawsuit, filed in U.S. District Court by MS Leisure Corporation, alleges unfair regulatory practices, breach of contract, restrictive zoning and land use policies, economic damages and reputational harm.

USDA report reveals more animal welfare issues at Miami Seaquarium

The 32-page document seeks a halt to the county’s plan to evict the company. It also seeks $35 million from the county as compensation for the lease termination.

It says that the county’s plan to “eject MS Leisure from the Seaquarium, without any lawful plan of action for the animals,” is a violation of the Endangered Species Act. It also alleges that the county would be violating the Migratory Bird Treaty Act and the company’s constitutional rights.

The suit states that without MS Leisure being able to access the property, “the animals will undoubtedly suffer and likely perish.”

It also claims that the county officials violated the company’s First Amendment rights by retaliating against it for protesting county actions by citing it with “inapplicable code violations” and “by leaking false information about USDA inspections.”

The Seaquarium’s parent company released a statement on the lawsuit Friday:

“Filing this lawsuit against Miami-Dade County is a step we take with heavy hearts but clear minds, driven by our duty to protect our legacy and ensure our ability to continue making positive impacts on marine conservation. We stand firm in our belief that with fair treatment and support from Miami-Dade County, we can overcome the current challenges and emerge stronger, for the benefit of our community, our staff, and the animals we are dedicated to protecting, just like we do in all our parks.”

Eduardo Albor, Dolphin Company CEO

The county has yet to comment on the suit.

This is a developing story. Stay with Local 10 and Local10.com for updates.

Read the lawsuit: