Belkin has won another round

[BornandDieHawks]

ATLANTA SPIRIT

Maryland's highest court won't hear Spirit's appeal

By TIM TUCKER

The Atlanta Journal-Constitution

Published on: 11/15/06

Maryland's highest court won't referee the Hawks-Thrashers ownership dispute.

The Maryland Court of Appeals — the equivalent of Georgia's Supreme Court — on Tuesday denied a request by the majority of the teams' owners for the court to hear their appeal of a ruling that estranged partner Steve Belkin is entitled to buy them out at cost.

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The court said, in a brief order, that it denied the request because "there has been no showing that review by [the state's highest court] is desirable and in the public interest."

The order means that the appeal instead will be heard by Maryland's lower appellate court, the Court of Special Appeals.

The non-Belkin owners had argued that bypassing the lower appellate court would lead to a final resolution faster. That's because a Court of Special Appeals decision can subsequently be taken to the Court of Appeals.

"We're disappointed for the city of Atlanta and the fans that the matter won't be resolved sooner," owner Michael Gearon Jr. said after learning of Tuesday's ruling. "However, our confidence level is the same at the Court of Special Appeals as at the higher Court of Appeals.

"As you can see with the successes [the Hawks and Thrashers] have had in the first month of the season, there has been no impact on the performance of the teams as a result of this dispute," Gearon said.

Belkin's side would have no comment on the latest ruling, one of his attorneys said.

Belkin had argued in legal filings that the lower appellate court was the proper place for the "routine contract case" to be heard.

The other owners — Bruce Levenson, Ed Peskowitz, Rutherford Seydel, Gearon, et al — had argued that the state's highest court should take the case "not just because of the important legal issues presented [but also because] two major professional sports teams are operating under a cloud of uncertainty."

The NBA and NHL had filed a joint "friend-of-the-court" brief asking the highest court to take the case.

In Tuesday's order, the Court of Appeals granted the leagues' request to participate as a "friend of the court," but in the next sentence, the court rebuffed the leagues' request for it to hear the case.

The Court of Special Appeals has set deadlines of Dec. 8 for the non-Belkin members of the Atlanta Spirit ownership group to file a written brief and Jan. 12 for Belkin to respond. Oral arguments are tentatively set for March.

A Montgomery County (Md.) Circuit Court judge ruled in June that Belkin is entitled to buy out the other owners at cost because they missed deadlines in a contract to buy him out. Their petition to the Court of Appeals said the judge "turned the contract upside down" and made "a draconian and financially devastating" ruling.

http://www.ajc.com/sports/content/sports/s...1115spirit.html

Not good news at all.....

[gsuteke]

Atlanta finishes the season with a 44-38 record. they make the playoffs as a 6 seed. don't nitpick the seeding here, i could care less about that crap.

They either win or come close to winning an opening round playoff series against a team like Miami or Cleveland.

Belkin wins his lawsuit against the Spirit and the hammer drops.

I will liken the change to the pictures you see of the moving vans clearing out the Baltimore Colts' possessions decades ago, starting of course with Billy Knight.

this has the potential to be absolutely devestating.

[Guest Walter]

As much as I don't like, don't believe in Woody or BK and would prefer other ownership, Belkin is a "uniter" as he manages to unite everyone against him. I'm not "for" Woody or BK, but I am if Belkin anything is the other option.

W

[gsuteke]

Quote:

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As much as I don't like, don't believe in Woody or BK and would prefer other ownership, Belkin is a "uniter" as he manages to unite everyone against him. I'm not "for" Woody or BK, but I am if Belkin anything is the other option.

W

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none of us know how the team will be ran if Belkin takes over. there is no sense in getting twisted about it.

[HAWKEYE]

The plots and sub plots for this season are sickening and thickening.

[DrReality]

Quote:

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As much as I don't like, don't believe in Woody or BK and would prefer other ownership, Belkin is a "uniter" as he manages to unite everyone against him. I'm not "for" Woody or BK, but I am if Belkin anything is the other option.

W

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If Belkin wins, you should try to get a PR job with him. Be a good fit.

[Swatguy]

It really means the appeals process goes to a court which will allow another appeal until it gets to the higher court. Unless there is a settlement. Belkin will force a settlement or spend a ton of money (spirit money) to continue this fight. He will not get the Hawks but he will cost time and money. He is looking for a hefty buyout and the high court decision has insured a hefty buyout.

[atlfaninAZ]

Man, I miss the old days of Ted Turner ownership.

[Final_quest]

Quote:

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As much as I don't like, don't believe in Woody or BK and would prefer other ownership, Belkin is a "uniter" as he manages to unite everyone against him. I'm not "for" Woody or BK, but I am if Belkin anything is the other option.

W

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I'll give you some credit here, W. You at least see Belkin for what he is. Much like our elections we are having to pull for the lesser of two evils.

[gsuteke]

Quote:

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It really means the appeals process goes to a court which will allow another appeal until it gets to the higher court. Unless there is a settlement. Belkin will force a settlement or spend a ton of money (spirit money) to continue this fight. He will not get the Hawks but he will cost time and money. He is looking for a hefty buyout and the high court decision has insured a hefty buyout.

---

if he truly wants to own a pro franchise ever he's playing a game of roulette with David Stern that he's likely to lose.

[Packfill]

Quote:

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Man, I miss the old days of Ted Turner ownership.

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Me too.

[Sothron]

I miss Ted owning the Hawks and Braves very, very much.

We all know the deal with Belkin. If he wins he is going to run this team on a shoestring budget. He didn't have enough money in three separate times (Celtics, Bobcats, Hawks) to buy a NBA franchise and nothing has changed in that regards. He doesn't have the resources to run a team which is the main reason Stern back in the original legal fights sided with the Spirit group.