ST. AUGUSTINE, Fla. – As the chorus of voices grows, calling on a federal bankruptcy judge to save Marineland Dolphin Adventure, new court filings from attorneys for the current owners argue that the best course of action is for the attraction to be sold to a developer.
Since 2019, Marineland has been owned by The Dolphin Company, a Mexico-based company that owns dolphin attractions around the world. The company filed for bankruptcy in March and Marineland was put up for sale over the summer. Last month, at a bankruptcy auction, a Texas-based developer called Delightful Developments, LLC was the highest bidder, offering more than $7 million for the property near the St. Johns-Flagler county line.
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The sale to Delightful Developments, LLC was set to be approved by a federal bankruptcy judge at a hearing on Oct. 27. However, at the outset of the hearing, the judge explained how documents in the case had not made it clear that Marineland was still operating, and had 17 dolphins in its care, until she started reading the letters and other filings from people who were opposing the sale to the developer.
Some letters came from current or former employees, some came from dolphin experts, and dozens of others came from area high school students, all raising concerns about the future of the property and its marine mammals. The letters draw attention to Marineland’s historic nature, the conservation efforts, and the health and welfare of the animals in its care.
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One of those objections to the sale came from Jack Kassewitz, a dolphin expert who is one of the leaders of a coalition looking to save Marineland. The coalition includes financial backing from a Clay County couple, Barbara and Jon Rubel, who have offered $4 million for the purchase of the facility, along with putting up another $1.5 million toward operating expenses during the winter season that is expected to be slow. In court filings and at the hearing, the coalition argued it had been “shut out” of the bankruptcy auction, saying it had been told it could bid, until it was told two days later that it could not.
Now, ahead of a Nov. 10 hearing to take up the proposed sale again, attorneys for The Dolphin Company argue that the coalition had ample time to enter a bid, and also contend that their proposal to buy the facility faces “issues and practical realities, for which they offer no solution.”
In court filings, attorneys state that after the Oct. 27 hearing, the coalition was given until noon on Oct. 31 to submit a bid and its required documentation. The day before the deadline, attorneys received a request for an additional extension, and the deadline was pushed to Monday, Nov. 3. Two days after that deadline, attorneys for The Dolphin Company submitted their latest filing stating no bid had been received.
Attorneys also argue that the coalition wasn’t “shut out,” rather, that they had been given ample time to submit a bid. At the end of May, Jim Jacoby, a developer and owner of property near Marineland, discussed a potential sale with the firm marketing Marineland for sale.
Those conversations led Jacoby to submit a non-binding letter of intent in late June, offering a purchase price of $3 million. The court filing explains that Jacoby then began working with the Kassewitz-led group, though no formal bid was received. The coalition then expressed interest again once the Rubels had joined the effort.
The court filings on behalf of The Dolphin Company also raise concerns about issues faced by the potential bid from the coalition. They point out that even if a qualified bid had been received from the coalition, the total cash value was less than what was offered by the developer, and they have a duty to deliver the highest possible value for Marineland. The attorneys also raise concerns that the facility can’t be sold to a group that doesn’t currently have the needed licensing and permits to operate the facility, and that the group hasn’t provided a plan or timeline to get those requirements satisfied.
A separate court filing from the restructuring officer working with The Dolphin Company sheds light on other issues facing Marineland. According to the filings, Marineland is expected to operate at a loss of approximately $150,000 through the end of the year.
Restructuring officials also learned that due to neglect of ordinary upkeep and maintenance at Marineland, there are approximately $750,000 to $1 million worth of capital expenditure projects that were deferred or ignored, and some of the projects relate to ongoing care of animals and safety of guests, such as concrete repairs and generator maintenance.
As some of the letters have raised concerns about what would happen to the dolphins if the property were to be sold to a developer, the filing from the restructuring officer states that an animal relocation plan was already in the works. Over several months, the owners began soliciting offers from other facilities where they could relocate their animals, and they engaged with an international animal transfer consultant.
According to the filing, The Dolphin Company already has commitments with 13 institutions to take the marine animals, and more than 40 facilities for their non-marine animals. They expect those transfers could be complete by December.
Attorneys for The Dolphin Company may call witnesses at Monday’s hearing, including from executives involved in the restructuring efforts and the sale and marketing of Marineland, as well as from Craig Cavileer, the head of Delightful Developments, LLC.