More News on Sonics Lawsuit

This is the PBC's Proposed Findings of Fact (18 pages):

http://blogmedia.thenewstribune.com/...sedFOF-COL.pdf

And the city's(82 Pages):

http://seattletimes.nwsource.com/ABP...2008016572.pdf

I didn't know this-

The Associated Press
SEATTLE (AP) - About $3 million in legal fees are at stake in the Seattle trial that will determine whether the Sonics are able to buy their way out of the KeyArena lease.

The lease contains a clause that says the losing party pays for the cost of litigation. The exact amount is likely to be another item in dispute between the city and the team.

Closing arguments are scheduled Thursday in federal court in Seattle in the city's lawsuit to make the Sonics play at the KeyArena for the two years remaining on the lease.

The judge is also expected to say when she'll announce her decision. The NBA has already approved moving the franchise to Oklahoma City.

> The NBA has already approved moving the franchise to Oklahoma City

Sort of. Per their own regs, the NBA' board of gov's has approved a move for the 08-09 season, contingent on things working out in the northwest. If they do not resolve in time, then the PBC has to reapply for relocation again (if memory serves correctly.)

After the way the city of Seattle has conducted its business, do you doubt the NBA would want to stay there? Seattle has burn its bridges.

> do you doubt

Nope, just noting that the relocation vote wasn't an end all, be all type vote.
NBA rules apparently only permit a relocation vote to apply in the next upcoming season, as contrasted to being able to vote and hold that whenever a team can, this year, next, or the year after, today's votes covers all options.

If this year's vote doesn'tpan out time wise, yes, I do expect the BOG to again approave a relocation when next presented to them.

i thought that if a team can't relocate that year, that the next BOG vote was just a formality and that there was really nothing to worry about.

is that not the case?

That stance was confirmed by Joel Litvin, the NBA's president of basketball operations.

"The constitution only allows the board to approve a relocation that would begin the subsequent season," Litvin said. "However, the committee stated in its report that if the team does not relocate for next season and reapplies for 2009-10 or 2010-11, the board should approve the renewed application."

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FInal day of trial

Minute-by-minute: Day 6 at Seattle vs. Sonics trial | Sports | KING5.com | News for Seattle, Washington

Seattle's rebuttal witness Dep. Mayor Ceis was NOT allowed to testify. His testimony was contested by motion earlier this week by PBC, and PBC prevailed on that issue. Court's in recess right now, and then I think they start closing arguments.

The trial is over. Judge Pechman says she will post her decision online next Wednesday, July 2 at 4 p.m.

3:25 p.m. - The trial is over. Judge Pechman says she will post her decision online next Wednesday, July 2 at 4 p.m. Be sure to log on to KING5.com and NWCN.com to read the ruling.

(Just to add those links)

Thank you.

What's the impression of which way this thing is going??

I would like to know how the average seattle fan thinks it is going to go. I have felt like both sides got off topic a bit, but seattle did moreso. I feel like pbc made the more convincing showing, but this is a pretty rare type of case...so it is hard to predict.

well... their local news seems to think they have this in the bag.

KING 5 News Up Front Video On Demand | KING5.com | News for Seattle, Washington

Before the trial, I would have agreed with them. Now, I'm not so sure.

Not a serious, practical, or possible suggestion.. just something funny we were talking about at work.

So what if the contract requires a performance, does it have to be a good performance?

Imagine if the Sonics just hired a bunch of people off the street to play games in Seattle. It would be the.. not so super sonics. It isn't like the sonics are winning games anyway so it wouldn't make a difference, especially when you consider that almost no one goes to their games in Seattle anyway.

Idk.. it sounded funnier when we were talking about... doesn't look so funny written down.

I dunno. I felt really good about it up until closing arguements today.

What if she says they have to stay one more year and can pay off the lease for the 09-10 season. Make everyone happy and the ford center should be wrapping up its improvements by then.

I don't see a Solomon split the baby decision on the horizon.
If Seattle carried the day on the argument that a deal's and deal and the deals ays benefits are too immeasurable to cover by $$$ alone, then the specific perofrmance clause can mean no early lease exit.
If the city can be made whole by $$$, that alone doesn't resolve the Q, but it gets things closer to the movng vans.

Not being a major round baller fan, I think they can be made whole by $$ myself, but then of course, the question becomes how much does it take. That shouldn't delay a move, but that question will be interesting to watch unfold.

They could field an all midget team. Tallest player is 4 ft.

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If they force them to play there, I think the team should try to lose every game played at Key. Best thing for OKC is the team get some more high draft choices next year and that would come with major losses. Not to be nasty but if I were the team owners I would make sure when I left, Key was in disrepair. Is that a Christian move on my part?

If pbc wins, there will be a separate, probably jury trial to calculate damages but that wouldn't stop the team from moving. What if the team moved but then damages were calculated at like 100 mil? That would suck.

Also don't listen to KING 5 on anything legal. Yesterday they said in the blog - which comment was later deleted- that the judge hates being overturned so much thatshe is letting the losing side win all the objections. In other words, completely tainting the outcome of the trial by prejudicing the objection rulings based on who she thinks is losing as opposed to ruling based on law. So, yeah, don't worry about KING5. Awful legal writing.

I believe the decision will be split. Requiring the team to play in Seattle in 08-09 and allowing them to move in 09-10.

In fairness to King5, they were quoting Brian Robinson of SOS fame who claimed he was paraphrasing an unidentified Seattle attorney that told him that. There is no confirmation that the "unidentified Seattle attorney" is Slade (I leak more than the Titanic) Gorton.

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