Goood Article from Arizona Republic

[JTFan31]

Hawks seek NBA's help in acquiring JJ

Court upholds owner's authority to block trade

Paul Coro

The Arizona Republic

Aug. 10, 2005 12:00 AM

After a familiar loss on a road court, Atlanta Hawks owners who want Joe Johnson are now looking to NBA Commissioner David Stern to help them accomplish what a Boston judge would not Tuesday.

NBA lawyers were exploring eight Atlanta owners' request to remove dissenting co-owner Steve Belkin as the team's NBA governor. If successful, they can proceed with a trade that would send Johnson from Phoenix to Atlanta with a five-year, $69.6 million deal.

"We're currently reviewing the judge's ruling," NBA spokesman Tim Frank said. advertisement

Belkin's role as governor allowed him to block the deal that would have brought guard Boris Diaw, two first-round draft picks with lottery protection and a $4.9 million trade exception to Phoenix. Last week, Belkin received a temporary restraining order that stopped the owners from a planned vote to replace him as governor. He sought an indefinite injunction Tuesday in a court in Boston, his hometown.

Judge Allan van Gestel granted the injunction 15 minutes before the restraining order was set to expire. The other owners were prepared to take an immediate vote to remove Belkin and install co-owner Michael Gearon Jr. as governor. They could return to court today if they receive the commissioner's approval to remove Belkin as governor.

Much of van Gestel's written explanation was supported with basketball matters, rather than opinions on the role of a NBA governor or specifics of the owners' partnership contract. However, he did emphasize during the hearing that he was surprised the defendant owners did not oblige with a clause in their franchise purchase contract that requires commissioner approval to remove a governor.

The meeting began with Belkin approaching Hawks General Manager Billy Knight, who refused to shake Belkin's extended hand, and the judge referencing the Red Sox's sale of Babe Ruth to the Yankees.

"The defendants claim devastating results for the Atlanta Hawks if the Joe Johnson trade is not accomplished," van Gestel wrote. "They speak warmly of Johnson's talent. He may not, however, be the only basketball player who can serve his potential role for the Hawks. Nor is it clear that getting Johnson and giving up two first-round picks in the 2006 player draft and another player who was himself a first-round pick, along with the amount of money required, would not equally as well have an equally devastating result for the franchise."

The judge also stated during the hearing that he did not have the NBA knowledge to render basketball judgments.

But in the court documents, van Gestel wrote: "It is hardly apparent on the present record that the deal for Johnson, however talented he may be, given what is needed for the Atlanta Hawks in order to effect it, is in the economic best interest of the franchise. In short, it is not clear that Belkin's action constitutes a removable event. Surely, the commissioner, when asked for approval, will have to consider all of the ramifications of the Johnson trade, not just that the defendants and others want him. Sometimes the cost is just too great."

If Belkin's authority to have final rule on trades is upheld by league lawyers today, other possible resolutions include:

• An ownership buyout, whether it is Belkin leaving the group or gaining more than his 30 percent share.

• A renegotiation of the trade. The Suns have resisted the Hawks' attempts at this.

• A third team is involved to make the trade agreeable to all parties.

• The other owners file a motion to reconsider or take the case to an appellate court.

• The Suns make another attempt to sign Johnson to keep him in Phoenix.

Diaw, excited about the possibility of joining the Suns, has his career on hold while trying to decipher the saga from his native France.

"I think it's just a matter of time," Diaw said of the trade getting finalized. "I think they'll work it out."

This gives me great hope that this matter will be resolved at least by next week and I sure hope it is. Good thing is that no other NBA team is interested in Joe Johnson.

[warcore]

i thought New Orleans was interested in JJ....am i wrong?

[JTFan31]

Maybe not , but they haven't made any noise and step in while we are down to take over. or maybe they just cannot afford JJ.

[Admin]

 Quote: 

However, he did emphasize during the hearing that he was surprised the defendant owners did not oblige with a clause in their franchise purchase contract that requires commissioner approval to remove a governor.

How in the world could they have overlooked needing the NBAs prior approval to get this worked out? Now we have to get the NBA to approve, get another court date set, and then hope the judge rules in favor of us.

[swolehawk2]

I read that numerous teams have contacted the Suns about acquiring JJ.....if our deal falls through.

[JTFan31]

Yes I agree, I blame the other 8 owners by giving this power to Belkin and now it has backfired them. They should of had the same rights as Belkin does and now they are f___ed.

I would never go into a business giving the other person more power than me especially when I gave up the equal amount of money as that other person did

DID THEY REALLY HAD THIS MUCH TRUST ON BELKIN?

P.S. CAN SOMEONE HELP ME HOW TO ADD A PIC ON MY SIGNATURE IN THE BOTTOM OF MY POSTS?

[Admin]

I think that his stake in the team is greater than any other individual so he was the automatic choice to be the governor. I wish that they would just let BK be that guy and be done with it. Let the man you pay all that money to make the basketball decisions, actually make the basketball decisions.

Oh and Mike, here is how you add an image to your signature.

In your profile where it says signature, add this

[image]http://www.pathtoimage.com/image.jpg[/image]

[AHF]

Quote:

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Yes I agree, I blame the other 8 owners by giving this power to Belkin and now it has backfired them. They should of had the same rights as Belkin does and now they are f___ed.

I would never go into a business giving the other person more power than me especially when I gave up the equal amount of money as that other person did

DID THEY REALLY HAD THIS MUCH TRUST ON BELKIN?

---

I doubt they realized the significance of what they were doing.

Quote:

---

P.S. CAN SOMEONE HELP ME HOW TO ADD A PIC ON MY SIGNATURE IN THE BOTTOM OF MY POSTS?

---

Click on "profile" in the upperright corner of the screen.

Then click "edit" personal info, email, etc.

Then under the signiture block put [.i.m.g.] INSERT ADDRESS FOR PICTURE i.e., http://picture.jpg [./.i.m.g.]

Just don't have the "." in there - they are there so the text is visible.

[KB21]

I can't put much blame on them. In the contract that they have with each other, there is reportedly a majority rule in it to get the decisions done. Belkin is apparently using a loop hole in the NBA Governorship in attempt to flex his muscles.

The word on 790 yesterday was that Belkin hadn't gotten his way the entire season, and he's using this as his alamo.

[KB21]

The logical choice would have been Bernie Mullin, IMO. Stan Kasten served as the Hawks NBA Governor for years.

[Final_quest]

I don't blame the owners as much as the people who drafted the ownership agreement. The wording made it sound like Belkin could not violate his role unless he actively entered into an agreement the majority disagreed with. It did not say anything about a situation like this where Belkin is refusing to enter into an agreement.