Seventy-five freshmen and sophomores and their teacher at Flagler Palm Coast High School may be delighted to learn that their letters urging a bankruptcy judge not to let Marineland Dolphin Adventure be razed into yet another housing development may not have fallen on deaf ears.
A $7.135 million bid by a philanthropist couple looking to save Marineland Dolphin Adventure became the successful bidder at a reopened auction for the property Monday, displacing a developer’s $7.1 million bid.
The final sale hearing is scheduled for Tuesday at 10 a.m. before federal Bankruptcy Judge Laurie Silverstein in Wilmington, Del. It isn’t a given that the sale will go the couple’s way. But they are in the leading position now.
The successful bid by the couple, Barbara and Jon Rubel of Green Cove Springs, is the latest twist in a frantic three and a half weeks of efforts to save the 87-year-old oceanarium following what had appeared to be a done deal favoring Delightful Development. The Texas-based company owned by Craig Cavileer, a commercial developer, had placed the $7.1 million bid and had itself displaced the St. Augustine-based Hutson Companies as the leading bidder.
The Hutson Companies, a home developer, had been the stalking horse bidder before the emergence of Delightful Development.
Jack Kassewitz, a dolphin expert, had teamed up with former Marineland Dolphin Adventure General Manager Felicia Cook and won the financial backing of the Rubels. He told FlaglerLive–and the court–in late October that the Rubels’ bid was disallowed over a dubious timing issue.
In an Oct. 27 hearing, Silverstein repeatedly rebuffed Allison Mielke, the attorney representing the debtors, for having presented a less-than-complete case history of the bidding and of the fate of the dolphins, should the property be acquired by a developer. The Oct. 27 hearing was to finalize the sale in favor of Delightful Development. Silverstein declined to do so, ordering Mielke to submit a more complete documented history and to allow the Kassewitz-Rubel concern a fair chance to bid.
They did so.
At the time, the Kassewitz-Rubel bid was to be $4 million. The Rubels registered #1 Apex Association as a new corporation under whose umbrella they’d proceed. Once the judge essentially forced the reopening of the bidding, Apex placed its slightly higher bid, outflanking the developer. It was not orthodox. But none of the processes surrounding the fate of Marineland Dolphin Adventure have been orthodox.
The oceanarium’s parent company in Mexico filed for bankruptcy last year. Marineland, along with more than a dozen other companies owned by the parent, filed for bankruptcy in March.
By Mielke’s own admission, Marineland Dolphin has not been losing money. Kassewitz, with the Rubels’ backing, is proposing to save the 17 dolphins at the attraction and preserve the attraction itself, with a focus on education.
“We believe we’re the only ones that can save this facility, this national historic monument, and save this and continue the dolphins’ home,” Kassewitz told the judge at the Oct. 27 hearing.
In an oddly heavy-handed response during that hearing, Mielke told the judge that Kassewitz’s wife, Donna Kassewitz, had been a shareholder of the Mexican company, hinting at a conflict on her role in the bid. In a letter to the judge, Donna Kassewitz explained that she had been among the original founders of The Dolphin Company in Mexico. But as it expanded–and acquired properties such as Marineland–“my ownership share was diluted to just 4%. With such a small position, I had no controlling authority over corporate decisions I did not support,” she wrote, “but I never stopped speaking up for what I believed in: the well-being of the dolphins.”
The letter opens a window into the Kassewitzes’ background and what they would bring to Marineland, if the Apex bid is successful: “Over 20 years ago, my husband Jack Kassewitz and I founded Global Heart Inc., a nonprofit under which we conduct the Speak Dolphin Communication Research Project,” she wrote. “While Jack and our science team continue to work on some very complicated aspects of understanding dolphin sounds, we have simultaneously developed a unique two-way communication program that allows public visitors to communicate with dolphins through playful ‘game’ interfaces. These interfaces provide the dolphins with important evolving mental enrichment while advancing our understanding of their cognition. An ultimate goal is to enable the dolphins to direct their own daily activities.”
The Kassewitzes intend to implement the program in Marineland. “Our future plans include expanding Marineland’s socially responsible programs to benefit special needs families, veterans with PTSD, cancer treatment patients, seniors with cognitive impairment and other wellness seekers,” Kassewitz wrote. “Marineland has already helped many in this way, and we will be opening up new opportunities for research and therapeutic benefits.”
The Town of Marineland, such as it is–it has all of three registered voters, and all three are its Town Commission, but like the attraction, the town is far more than its registered voters–has been watching the developments at the attraction with no say, and almost no public pronouncements. Town commissioners have merely said that they’ve been watching and waiting.
Wednesday’s hearing will still consider the Delightful Development bid and its supporters, and there may yet be further surprises. By the time the judge takes the bench Wednesday morning she will have read a stack of letters and documents in support of the various bids.
In that stack are 75 letters from Flagler Palm Coast High School freshmen and sophomores–70 typewritten, five handwritten–and a letter from their teacher, Amanda Zimmerle-Harding, urging the judge not to approve the Marineland sale to a developer. The letters were all dated Oct. 29.
“I am writing to ask that you respectfully consider the historical and environmental impact of Marineland Oceanarium before any decision is made to allow the sale of this aquarium to developers,” Zimmerle-Harding wrote. “Marineland is not only the oldest oceanarium in the United States, but also in the world. It should be preserved as a historical marker that serves as a sanctuary for the many marine animals that call it home.” (Attempts to reach the teacher today were not successful, but Bobby Bossardet, FPC’s principal, said she was “not looking for any limelight. She was just looking to make an impact with her students.”)
“Before Sea World was born,” the teacher continued, “Flagler County had Marineland – which was built on a foundation of educating the public about marine life and adoration for our oceans. Preserving Marineland as an oceanarium would ensure this landmark will continue to serve its original purpose of promoting respect for marine life and our ocean. It should serve as a reminder of our responsibility and preservation.”
While clearly written at Zimmerle-Harding’s direction (as some of the students tell the judge), the students’ letters have none of the telltale signs of directed or rote writing. Rather, they mostly express individual, personal experiences at Marineland and how the attraction has influenced the lives of some of the students. Bossardet said the letters were the result of an assignment in the teacher’s English class on rhetorical skills, tied to a real-life situation. Marineland seemed apt. The students could write in favor or against the sale. The overwhelming response was against.
“Dolphins are such beautiful creatures and the fact that Marine Land is one of the first aquariums to show, help, and teach people about them is monumental,” a sophomore wrote. (The court file redacted all the student’s names.) “Selling to a company that just wants to tear it down and create buildings just to put money in their pockets in Florida even though Florida is already overdeveloped is a sad sight to see.”
Many letters are remarkably well written, perhaps signaling a bit of help from AI: “I believe that such a sale would be detrimental not only to the community and the environment, but also to the welfare of the animals and the legacy that Marineland represents,” writes a 10th grader in cadences familiar to any Gemini or ChatGPT user. “Marineland is not just a property or a business – it is a landmark institution with decades of history tied to education, conservation, and tourism. For generations, it has been part of the cultural and environmental fabric of the region, fostering public awareness about marine life and contributing significantly to local employment and tourism.”
But even when–if not especially when–the writing is not polished or affected, an almost emotional sincerity peeks through: “I am a freshman at FPCHS and I do not allow the sale of Marineland because Marineland is one of the most fun places I have ever been to,” a student wrote. “I have had one of the most memorable times with my father at Marineland. Me and my dad LOVE to go fishing at the beach next to Marineland. The animals at Marineland are so cute and when you experience them in person it’s just a wonderful experience to see. I would love to see Marineland continue with people who want to help animals and keep animals lives going as much as they can live for, animals need care and Marineland does all of that. Marineland inspired me to look into water animal history. I have been scuba diving since I went to Marineland and underwater is just absolutely beautiful! It would be wonderful if you would not let the sale of Marineland go to people who just want to tear it down and put real estate on the land and let all those animals go into the wild and not survive. Instead, let’s give Marineland to someone who wants to keep the company going and who cares about animals.”
If they win the bid, the Kassewitzes may have their first summer intern.
Keep Flagler Beautiful says
I’m of two minds about it. The Rubels are, by far, the superior option, but regardless of their good intentions, it’s still a facility for captive animals who are forced to be entertainers and are forever deprived of the lifestyle that is natural to them. Anyone who wonders where marine mammals who are held at such “attractions” come from should watch the documentary about orcas called “Blackfish.” Either they are captured in nets and stolen from their ocean homes, including babies, or they’re seized from mothers already in captivity, to be “trained” for their future life of servitude to humans. The mothers suffer terrible stress and anguish, and some have been known to try to kill themselves by bashing their heads against hard surfaces. I genuinely hope the Rubels will take wonderful care of the existing dolphins and that they will pledge not to be complicit in the shameful cycle of animal theft from the ocean.
Linda H. says
Prayers they are successful!! Thank you.
JC says
Wonderful news!!!!