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A judge from Miami-Dade County halted the sale of the historic Instituto San Carlos de Cayo Hueso and ordered a review of the case, in a decision viewed as a crucial victory for the preservation of Cuban heritage in the United States.
The ruling, issued on December 24 by Judge Mavel Ruiz, halts the legal maneuvers aimed at auctioning the historical building, a symbol of the patriotic and cultural legacy of the Cuban emigration since the 19th century, reported journalist Wilfredo Cancio Isla in the media outlet Café Fuerte.
The court ruling favors the board of directors of the San Carlos Institute, which requested to intervene in the civil lawsuit regarding the property ownership of the property, valued at around four million dollars.
The American citizen Marilyn Wiederspan claimed that the building should be seized and sold to compensate for a court ruling of 63.6 million dollars issued in 2012, arguing that it belongs to the Republic of Cuba.
However, Judge Ruiz deemed that the Instituto San Carlos has demonstrated a "legitimate right to intervene" in the process.
The ruling specifies that the intervention of the representatives of the Institute may occur in order to annul the execution of the seizure or to prevent any future judgment from affecting the property.
According to the property deed, issued on land acquired by exiled Cuban tobacco farmers during the colonial era, the Instituto San Carlos holds the equitable title and has been the legitimate beneficiary since its establishment.
The Republic of Cuba appears only as trustee, not as the owner, clarifies the ruling.
“This ruling is the best Christmas gift that a U.S. court could give to the Cuban people and their exile community,” stated attorney Rafael Peñalver, president of the board of trustees of San Carlos, a facility built entirely with materials from the island.
Peñalver announced that the legal team will present new motions and sworn statements to strengthen the defense of the property, which holds, for example, the flag that flew over the Morro of Havana on May 20, 1902, when the Republic of Cuba was founded.
The lawyer also questioned the irregularities in Wiederspan's lawsuit, represented by attorneys William Sánchez and Milton Fuentes.
Wiederspan's claim is based on an exception in the Foreign Sovereign Immunities Act (FSIA), which allows lawsuits against states designated as sponsors of terrorism.
However, the victim of the case, Lieutenant José Velázquez Fernández, was executed in 1959, when Cuba did not yet have that designation (which was applied in 1982), making the grounds for the claim questionable.
The Department of Justice (DOJ), with support from the Department of State, requested to overturn the ruling and block any seizure of Cuban assets in the United States, arguing lack of jurisdiction in the original decision.
Founded on November 11, 1871 by Cuban exiles to promote the island's independence from Spanish rule, the San Carlos Institute is the oldest Cuban institution on U.S. soil and a landmark in the history of exile.
Its headquarters, located on Duval Street, in the heart of Key West, was rebuilt in 1924 and has been the site of historic gatherings, including the visits of José Martí, Máximo Gómez, and Antonio Maceo.
In his theater, Martí founded the Cuban Revolutionary Party in 1892.
In 1902, the tobacco workers also celebrated the founding of the Republic there.
The San Carlos Institute is a must-visit for Cubans traveling to Key West. This center also houses the famous bronze sculpture of Father Félix Varela, created by Cuban artist Gay García.
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