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NBA ousts Belkin!

DJ_Money

By DJ_Money
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DJ_Money Newbie

DJ_Money

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http://www.realgm.com/src_wiretap_archives...replace_belkin/

NBA Submits Approval To Replace Belkin

11th August, 2005 - 3:54 pm

Press Release - The National Basketball Association announced today that, in response to a decision issued on August 9 in Massachusetts Superior Court, Commissioner David Stern has submitted an affidavit stating that he has given his approval to the replacement of Steven Belkin as the Governor of the Atlanta Hawks .

The request to replace Mr. Belkin with Michael Gearon, Jr. was made by a majority of the Board of Managers of the club.

In granting a preliminary injunction preventing Belkin’s removal, Judge Allan van Gestel concluded that a precondition of any removal was the approval of the NBA Commissioner.

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Sage11 Newbie

Sage11

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In court and in his written ruling, Suffolk County Superior Court Judge Allan van Gestel focused on a line in the contract the owners entered into with the NBA upon buying the team: " Removal [ of the govenor] shall require the prior approval of the NBA commissoner, which shall be granted if the proposed replacement govenor is any owner who ... [owns] a greater than 10 percent stake." Gearon owns about 17 percent."

From what I read of the ruling, the judge said that the other owners did not receive Stern's blessing in removing Belkin as gov, so that is why he ruled in favor of Belkin. Now that reason has been neutralized. So according to 790 the zone we have to go back to court to have him removed as gov. Either way I am happy!!!!

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DJ_Money Newbie

DJ_Money

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I'm sure Belkin will drag this back into court, but citing the AJC article from the other day...

"In court and in his written ruling, Suffolk County Superior Court Judge Allan van Gestel focused on a line in the contract the owners entered into with the NBA upon buying the team: "Removal [of the governor] shall require the prior approval of the NBA commissioner, which shall be granted if the proposed replacement governor is any owner who . . . [owns] a greater than 10 percent stake."

...it appears that we've got Belkin by the nuts now.

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Weez Newbie

Weez

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I think they have to go back to court to get the 'stop removal/halt to proceedings' order removed.

had this happened prior to the ownership going to court (stern's ruling), then his removal would not require court approval. However, as the court is now/has been involved and issued a 'temporary restraining order on current actions'...that restraining order now has to be 'officially' removed in court~

that should be a VERY simple matter. I actually think Belkin may try to fight it further, taking up issue with the league about whether or not they were 'authorized or fair in their decision'...if his lawyers think it at all possible he could win (from what I've read, it isn't, but that's simply based on readings and speculation).

if Belkin pursues no further action, this matter will most likely be resolved within 24 hours.

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