Property developer Michael Baumann purchased the site for $8.5 million to build a luxury condominium, and in July 1998 tore down the standing apartment complex.

According to City of Miami historic preservation code requirements, he was obliged to commission a routine archaeological field survey of the site prior to commencement of building, but this didn't occur until Bob Carr, then Director of the Miami-Dade County Historic Preservation Division, pressed the issue with the City and Baumann.

Examination of the earth revealed numerous archeological artifacts, ranging from shell-tools and stone axe-heads to human teeth and charcoal from fires.

The developer Baumann offered to pay to relocate the circle to another site for preservation, an idea that former mayor and current City Commissioner Joe Carollo supported.

Public opposition grew, concerned that the removal could potentially destroy one of the most archaeologically significant finds in North America.

The Trust filed the suit and 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 of Miami's Historic and Environmental Preservation Board.

The Commission approved such action on February 18, and Judge Richard Feder ordered a temporary injunction against building on the site.

Further evidence to support the theory that the holes were of that age comes from Tom Scott and Harley Means of the Florida Geological Survey, who point to the buildup of a calcite "duricrust" on the edge of the cut face.

These sorts of structures were known to have existed in the Eastern United States, yet none was thought to have had such a permanent base as the Miami Circle.

Widmer's response was that, given the weather common across Florida and resulting flooding, the early people may have raised the structure on stilts.

Many 'common' Tequesta relics were found at the site—tools and perhaps decorative items made from shells and other aquatic materials like sharks' teeth—but there were a few pieces discovered that did not fit.

Further analysis of the stone by Dr. Jacqueline Dixon, University of Miami, found that the basalt was likely from the region of Macon, Georgia, some 600 miles (970 km) away.

University of Florida archaeologist Jerald Milanich was concerned that there was, from the previous apartment block, a septic tank that was aligned perfectly at the edge of the circle.