I've been trying to combine the blogs here:

http://www.okctalk.com/hornets-sonics/13161-live-blog-seattle-vs-sonics-trial-seattle-sources.html#post148261

Good! Sorry I missed it.

Folks, there will be alot of ups and downs in this case. As far as PBC's accusations about fan indifference in Seattle, it has been reported that anywhere between 3-5K Sonics fans showed up for the rally oustside the courthouse this afternoon. This dispite the traffic nightmare and gridlock that is downtown Seattle. I'll be interested to see if The Oklahoman finds space to communicate this to all of you tomorrow.

PBC Owners to testify tomorrow. Should be interesting.

that was a lie!!!. it was only 700 people and almost all of them were from the University of Washington.

And they didn't add to the gridlock.

They are the vocal minority, most people could care less. .....

that was a lie!!!. it was only 700 people and almost all of them were from the University of Washington.

And they didn't add to the gridlock.

They are the vocal minority, most people could care less. .....

HOTROD, I believe you owe me an apology...you should note the title of the article:

"3,000 rally loud and proud"

3,000 rally loud and proud (http://seattlepi.nwsource.com/basketball/367296_rally17.html)

...and to say that "almost all of them were from the University of Washington" is well....let's just say...not true.

young and old:
http://seattletimes.nwsource.com/ABPub/2008/06/16/2008001337.jpg

audio:
Sonics fans rally outside courthouse - MyNorthwest.com (http://www.mynorthwest.com/?nid=11&sid=65164)

200, 700, 300, 5000 ... does it matter? This was a a city of millions, for a heavily planned, paid star appearance well begged for (per their forum up there) rally intended to show just how greatly the city cares about the team.

Seems whatever number one picks, it tends to match the survey that by and large, the city doesn't really care.

Also, 40+ seats specifically reserved for the adoring public and if reports were accurate, they never really got vlose to filling 1/2 of them. the rally the judge canna see from the bench. No tushies on the cushies perhaps registered an impression in her mind, however slight. Certainly many specifically reserved seats had no other impressions on them.

And yet, I find I am not surprised by any of it. Not the bummbling politico, not the failed evidence intros, the deer in headlights look of the city counsel, or the side that wasn't running on emotions standing somewhat tall. These things tend to happen.

And now,on with the show.

Doesn't matter how many show up. Team owned by CB et al and worse case gone in two.

Clay is to testify this morning.

Day 2.....

Minute-by-minute: Day 2 at Seattle vs. Sonics trial | Seattle Sonics | KING5.com | News for Seattle, Washington (http://www.king5.com/sports/sonics/stories/NW_061708SSB_tue_sonics_trial_minute_by_minute_TP. da4f8c6.html)

In case you hadn't heard yet, there was a spectator in a Sonics shirt in court yesterday who went on a coughing spree for about five minutes why Mayor Greg Nickels was under cross-examination. He reportedly admitted he did it on purpose because of how things were going in the court. In an ironic twist, it was Bennett who offered the man a lozenge. It will be interesting to see if any other interruptions from the spectators today. Judge Marsha Pechman has a reputation for not putting up with that kind of thing.

That is completely ludicrous. This is FEDERAL COURT, not the principal's office. Hopefulyl Pechman heard that the guy was intentionally trying to disrupt proceedings and will nail the next butthead with contempt.

well, bennett testified and i still feel really good about the case! it definitely seems that nickels hurt seattle immensely yesterday.

my bad.... looks like he isn't through testifying yet.

Looks like Seattle is spending a lot of time trying to show that the PBC was aware there were risks and that the lease sucked. I'm thinking... so what? Companies buy other companies all the time with bad leases in place. Usually they have every intention of renegotiating them where they can or liquidating them to get them off the books.

Anyway, I'm not sure if this case can resolve everything in time for a move this year. If I understand it correctly, this case will only answer the question of whether or not the PBC can pay off the lease, not how much it will cost to do so. So, even if they win, aren't we looking at some sort of mediation at least to find the price, especially if the city really is in a stall and bleed strategy.

I also think it's funny that Seattle pointed out there is no buy out clause, because this is usually something that the lessor wants to put in so that it can stipulate any fee or penalities in doing so, especially because leases or so rarely specifically enforcable. They may have actually cost themselves some money by not including it. In my experience, most people understand that if you just pay off the remaining term of the lease, then you're good. That's usually a sweet deal for the lessor anyway. But, I've never had a lease with a city or owned anything nearly as high profile as a professional sports team, so what do I know...

Anyway, I'm not sure if this case can resolve everything in time for a move this year. If I understand it correctly, this case will only answer the question of whether or not the PBC can pay off the lease, not how much it will cost to do so. So, even if they win, aren't we looking at some sort of mediation at least to find the price, especially if the city really is in a stall and bleed strategy.


Yes, but if monetary damages are awarded, then that ensuing mediation/hearing won't keep the team from moving to OKC.

From the PI - Surprise e-mails that I would think would put a big hole in Schultz's case:
The defense talks with Bennett
Lead defense attorney Brad Keller seeks to establish that Clay Bennett worked hard to try to get an arena in Renton and is reviewing the entire process of the PBC group hiring firms to evaluate sites, Bennett's calls to local leaders trying to drum up support and he disappointment that it did not occur.

*Bennett tells Keller that the PBC group would have more leverage in gaining a new arena than the Howard Schultz group because it could use relocation as a negotiating ploy

*Bennett reveals Oklahoma business Larry Nichols was an original invest in the team but he pulled out when it was revealed, "the Sonics would be committed to keep the team in Seattle."

*Bennett told Keller that trading Ray Allen and allowing Rashard Lewis to sign a $118 million contract with the Orlando Magic were strictly basketball decisions: "In this business, basketball is first and foremost and team development is first and foremost those decisions were purely made to redevelop and reposition the basketball program."

*Bennett said less than a day after the sale was finalized on Oct. 30, 2006, he toured potential arena sites in King County.

*Bennett then hired HOK, an architectural firm that designs state-of-the-art arenas to began a design of a new Seattle arena.

*Keller asked why Bennett was against renovating KeyArena.

"There is an industry understanding of KeyArena," Bennett said. "It has nice site lines, approximate seating to the floor." but "It would not meet the economic model of the NBA."
For once, we've got some e-mail revelations that seriously hurt the Schultz's suit, IMO:

Bennett said the arena lacks "high-end amenity" such as club seats and luxury boxes closero the floor, a refurbishing "requires the courtside footprint to be dramatically changed."

*Bennett also pointed out the lack of NBA specified facilities, locker rooms and press areas

BELLEVUE AND RENTON

When asked about a potential Bellevue site, Bennett said, it was "A significant part of our market potential but there were restrictions in that site. It required a significant land assemblage." He also pointed out that the Safeway site was too close to road systems and they could not develop ample parking.

*Bennett also said he expressed interest in NHL Hockey, met with commissioner Gary Bettman met before their board at one time.

When asked about Renton, Bennett said he was excited about the site there: "Renton really wanted the building they were very enthusiastic about it. Completely an economic turnaround for the area."

"We felt the conversations were going pretty well as far as the Renton site, getting indications that we're making progress."

Keller presents Exhibit 558, an e-mail to Sonics employees

Here are some key points:

Bennett sent and e-mails to team employees saying: "We are not going to give up," regarding a new arena

*Bennett solicited assistance from Microsoft mogul Steve Ballmer

A Bennett e-maill to Steve Ballmer on Feb 15, 2007 said: "Speaker (Frank) Chopp blasted us this time (in the state legislature). Would appreciate anything you would be willing to do!!! Thanks!!!"

In another email, Bennett wrote to Ballmer: "Legislative leadership needs to get a message that the big boys want this to move, the dirty work will be addressed at the county. It doesn't need to come directly from you, but Ross Hunter, Lisa Brown and Frank zchopp needed a push. Continued support of the Governor would help as well.
Thank you!"

*Bennett said he also met with land developer Dave Sabey and the Muckleshoot Tribe

The PBC attorneys have been a lot more professional about this case re: not trying the thing in the newspapers. Smart move to hold things back 'til trial.

I thought the same thing. PBC's "damning evidence" is having a lot more impact because they didn't leak to the media weeks ago.

It's having an impact on me. PBC's attorney is scoring against Seattle's economist right now. Apparently the economist is testifying as to the unquantifiable benefits of having a team (thus requiring specific performance). Apparently the economist did a study that said this for Seattle and didn't quantify damages. However, the SAME economist quoting his OWN owrk in a similar study based on Los Angeles DID quantify a number. PBC's attorney is questioning why, with such similar studies, one had quantifiable damages and the other didn't! DING!

What I see is that Keller's folks have done real top-notch trial prep. The PBC witnesses have been through extensive coaching, major background research has been done on each City witness.

The city on the other hand seems to have hired a firm which is content to fly by the seat of their pants. I'm wondering if this was a low-bid type job?

If it had been me, I would have quoted all of Zimbalist's studies back at him. He shouldn't be able to provide any quantifiable economic losses, because he doesn't believe there are any. He's selling himself to the highest bidder, and will change his story on a dime. Here's a prior quote from him:

"Q: Talk for a moment about the impact of sports on regional and local economies. How have sports altered the social development of communities?

A: The independent economic research that's been done on the question of whether sports teams and sports facilities have an economic impact on an area has uniformly found that there is no positive impact. By having a sports team or a new stadium or arena, you don't increase the level of per capita income, and you don't increase the level of employment. There's no direct economic development benefit."

Q: To sum up, then, do sports contribute to economically healthier, more viable communities?

A: I don't think sports contribute to economic viability in a community. They do provide a form of entertainment, engagement, and community identity, and that can be very positive."



This is about as positive as he has ever been about sports in a community. I do wonder why Taylor didn't question him about any of his papers.

I LOVE IT!!!!


At 4:03 p.m., Sonics and Seattle attorneys agree to extend testimony beyond the 4 o'clock deadline. It's clear now that Zimbalist is in town for the day and neither side wants him to return Wednesday. Judge Marsha Pechman grudgingly agreed to go into overtime. - Seattle Times web site

What I see is that Keller's folks have done real top-notch trial prep. The PBC witnesses have been through extensive coaching, major background research has been done on each City witness.

The city on the other hand seems to have hired a firm which is content to fly by the seat of their pants. I'm wondering if this was a low-bid type job?

Justice bought and sold. In our legal system, little is decided on its merits, but on how much money you have, and are willing to pay, for justice. Looks like maybe the Gaylords, etc. have chosen to pay for the best legal team. If it gets the team here - great. But just reading your post made me think again how in our legal system - it's all about the money.

Solitude you are so far off base on that comment it isn't even funny. The City of Seattle has access to way more funds for this trial than PBC has.

Justice bought and sold. In our legal system, little is decided on its merits, but on how much money you have, and are willing to pay, for justice. Looks like maybe the Gaylords, etc. have chosen to pay for the best legal team. If it gets the team here - great. But just reading your post made me think again how in our legal system - it's all about the money.

Um, they set aside ONE MILLION DOLLARS to litigate. I think they're doing fine on funds.

Seattle has a $19 million set aside for lawyers this year. If they need more they can get it. Aside from the dollar amount, the comment was pretty offensive to me as an American.

Actually, I think the performance of Seattle's counsel is more of a reflection of strategy and motivation than of competence. This action has been heavily motivated by publicity and probably spite. Their strategy is designed more around politics than law. They wanted their stuff leaked, because what they really want from all of this is to make themselves look good to the Sonics supporters, keep themselves from looking impotent, and make the PBC look like a bunch of pirates, so the city of Seattle doesn't look like it lost a pro team on its own merit. An actual win for them would just be a bonus.

On the other hand, the PBC needs the win or they risk losing a lot of money for two years, before they even have a chance at seeing positive cash flow. So, they actually had no motivation to release any of their arguments or evidence before it was legally required of them. Doing so would just be tipping their hand. What we're really seeing is not a match up of good versus bad lawyers, but politicians versus businessmen and the differences in capital between their two fields.

Bingo. Excellent post BDP.

So tomorrow we have Bennett answering questions from his own lawyers and a redirect from the City. I would assume we will see McClendon. Who else do you think Seattle will call? I assume they would want someone that was pro-city since 3 of their first 4 didn't work out so well for them.

I personally can't wait for Wally Walker to explain who put the Ballmer group together, what their mission was, and the City's role in that mission.

Seattle has a $19 million set aside for lawyers this year. If they need more they can get it. Aside from the dollar amount, the comment was pretty offensive to me as an American.

I don't know who has more money set aside for a lawsuit about a basketball team --- and that wasn't really my point.

My comment was offensive? That justice is for sale in America? Did you read Midtowner's post? He said:

What I see is that Keller's folks have done real top-notch trial prep. The PBC witnesses have been through extensive coaching, major background research has been done on each City witness.
The city on the other hand seems to have hired a firm which is content to fly by the seat of their pants. I'm wondering if this was a low-bid type job?


That kind of thing costs BIG bucks. In this case it doesn't matter. When a person has been accused of robbery, rape or murder and it's prosecution of the state versus a public defender who doesn't have the funds to do all the things an expensive lawyer could do? What's that called, Kerry? It's called Justice For Sale. If that offends you as an American, why not acknowledge that it happens everyday in this country and try to change it instead of making out like I said something outrageous? Some of you Republicans just think you can pretend social inequities away.

Sorry.....back to topic.

While you have a point, it doesn't exist in this case, Solitude. Both sides have deep pockets.

i'm not sure why liberals seem to hate america. every country has flaws, but the Us is still the greatest country ever. no one else can touch us.

I'm with solitude about the legal system in general. But, let's also consider that one of the reasons that the Sonics are having a better time of it is because they're not really asking for anything unreasonable. They're asking to break a lease because they are losing a lot of money by fulfilling that lease. They have never suggested they won't compensate the city for it's losses, and I suspect there was an offer floated before the trial began that was over $26.5 million. The city of Seattle is demanding to keep a team in a location, not for financial reasons, but for fear of offending potential voters. Clearly, the mayor is not a Sonics fan, but he's worried about being known as the mayor who lost the Sonics, and that they will be missed more if/when they're gone than people currently anticipate. They want what I call municipal welfare, the reverse of corporate welfare. They want the Sonics' ownership to not only float the cash to buy the team the city considers its', but also to assume all losses AND provide a venue. So personally, I believe that the Sonics' ownership is going to look better during the trial. The question is, will the judge consider any of that, or will "specific performance" be demanded regardless of the financial losses that will be incurred by both the team and the city if it is enforced.

HOTROD, I believe you owe me an apology...you should note the title of the article:

"3,000 rally loud and proud"

3,000 rally loud and proud (http://seattlepi.nwsource.com/basketball/367296_rally17.html)

...and to say that "almost all of them were from the University of Washington" is well....let's just say...not true.

young and old:
http://seattletimes.nwsource.com/ABPub/2008/06/16/2008001337.jpg

audio:
Sonics fans rally outside courthouse - MyNorthwest.com (http://www.mynorthwest.com/?nid=11&sid=65164)

Cas, Ill give you that about the 3K; you only quoted what you read in the paper.

But I can tell you, they were mostly from the schools - because I work at WAMU and have to pass by the courthouse on the way home. Almost nobody in the 25-55+ range was there (other than the former Sonics players and reporters). That was my point, along with the 'exaggeration' posted by some of the media. It wasn't to embarrass you or anything - I apologize if you took it that way. ...

guys, this quote from the PI pretty much sums up the trial thus far:

Taylor, who lost out on many exchanges with former Seattle Center director Virginia Anderson on Monday, pounded away at Zimbalist, an embarrassing conclusion to a shaky day for the city.

The ONLY thing I'd add to that is ".. conclusion to ANOTHER shaky day for the city."

Something you guys didn't hear, but was on the news up here - was the interviews from the city attorneys. It is VERY VERY CLEAR that the city has no case and is trying to use political sympathy to win their case (as was aformentioned by someone on the forum). I'll paraphrase what the LEAD ATTORNEY for the CITY said on the news "we asked him questions and he answered. we asked him if he was a man possessed and he said yes, for seattle. All you need to do is look at his actions after that and draw your own conclusions. We're hoping that is what Judge Marsha will do."

How POLITICAL does that sound? Does that even sound like a competent attorney? with FACTS and a POSITION or even a winning hand? I, for one, am embarrassed by all of this - as a citizen of Seattle. These guys (Nickels, Lawrence, Walker, et al) are making Seattle look worse than any place that is supposedly First or World Class. We look like a freaking village in China - no clout or sense!

Here's what the PI had to summarize: "It was another mixed day for the city, whose lawyers didn't press Bennett as much as many observers believed they should have on the e-mails and his apparent intent to move the team to Oklahoma City."

I'd substitute mixed for the word disappointing.



I'd put the score as

- Yesterday Bennett 3 Seattle 0 (but they got a base hit from Ginny Anderson but no run made it home)

- Today Bennett 2 Seattle 0 (nothing has stuck for the city, even the 'grilling' of Bennett).

so Bennett is up 5 to 0 for Seattle. Third inning is tomorrow!

Yeah, these jokers in the NW are toast. Wouldn't it be funny if the Sonics came here without a major exit fee? haha

That would be the best possible news! Haha, they get to OKC and end up aying only 10 million instead of what they offered.

Minute-by-minute: Day 3 at Seattle vs. Sonics trial | Sports | KING5.com | News for Seattle, Washington (http://www.king5.com/sports/stories/NW_061808SSB_wed_sonics_trial_minute_by_minute_TP. 12c44f57.html)

Day three trial blog

Give me the play by play, or just tell me if we're winning or not, I don't want to take the jump and read for 8 minutes...

Give me the play by play, or just tell me if we're winning or not, I don't want to take the jump and read for 8 minutes...

The play-by-play you're looking for will appear by clicking on the link.

:tiphat:

in a nutshell, not appearing to go near on as well as Seattle forum folks are telling themselves, but it's not clear sailing from the Pacific to the Oklahoma River either.

I think we may have to wait at least until 2009 before the Sonics come here. I think the lawyers will keep grandstanding.

The real important question is..

Are we going to give them a hick name like the Oklahoma Tornados? If so.. I hope we lose in every way.

naa

I think they are coming for this season.

The City of Seattle is making Bennett's case. Why do I say this?

Midtowner, and other lawyers can correct me if my next statement is wrong; but the City of Seattle is the Plaintiff and they are the ones suing Bennett to honor the lease. (here is where I might need correcting)

Therefore, it is their burden to prove (or show by preponderance) that Bennett needs to honor the lease and that his offer for cash payment does not satisfy the lease.

However, what the city is doing is

1) trying to show Bennett never intended to stay in Seattle

2) trying to show Bennett is deceptive

3) trying to appeal to the judge (and the public) that since Bennett can't be trusted, he shouldn't be allowed to leave Seattle.

Essentially, that is what I see from the City of Seattle on this case. And IMO they are failing on each point.

Bennett, on the other hand, in his defense - is saying that he satisfied the terms of the contract with Howard Schultz (to try to get a new arena here in Seattle for a year) and that since Bennett has the OK from the NBA to move and given the horrible relationship that exists from the Seattle leadership (from trying to make him bleed and thus sell the team), he should be allowed to opt out of the 'lease' with the city early in exchange for market value of the remaining 2 years.

Anybody (midtowner, etc) please correct me if Im wrong.


Now, here is my take.

Nickels is a fool and basically made Bennett's case. He sat on the stand admitting that the city interfered with Bennett getting an arena up here. The city not only refused to meet with Bennett when he first bought the team, not only passed I-91, but the city then went and put political pressure on Olympia not to consider Bennett's Renton proposal (which translates into, you better not fund ANY other arena unless it is IN Seattle). ...

Nickels all but HAD to admit to that because the evidence proves it. Therefore, Nickels just destroyed Howard Schultz case right there - since Seattle interfered with Bennett's 'Good Faith Effort'. Howard instead should be suing the City of Seattle - and I suspect that Howard's case be thrown out or EASILY won by Bennett.

Nickels also proved Bennett's point that He and the City have an irrepairable relationship because they want him to bleed. He sat on the stand and he AND lead attorney Lawrence appeared on LOCAL TV saying they intend for Bennett to stay and lose money in the hopes that the team will stay (ie, he will sell to local ownership).

Are these people idiots or what???? They JUST PROVED Bennett's side!! And further, Bennett's lawyers are competent enough to destroy just about everything the city has presented.

The ONLY point the city has made so far from their pov is that 1) the Sonics did enter into a lease with the city and Key arena was created (ie the Coluseum was upgraded). That's IT.

All of the questions to Bennett about the emails, all of the this and that about Bennett's intention; this is all trying to appeal to the judge (and the public) but it really has NO WEIGHT on the case. It is no preponderance.

What the City should be showing, is Washington law and how contracts should be honored. And that the Sonics are such a value to the community that no money offer could be accepted to satisfy the lease consideration. And because of that, and the fact that Bennett agreed to the obligations of the original Sonics owners - that he should honor the lease.

But is the City doing this? NO. It almost seems to me like the city's lawyers/case are Pro Bono up against the top law firms (Bennett's) in the nation.

I mean, the city is REALLY REALLY trying to appeal to public opinion, there's so many 'what do you think' about Bennett or what he 'said/did' kind of "NEWS" being published - yet NOTHING about Washington Contract Law.

The good faith effort stuff, well that should be Howard Schultz's case; not the city's.

In reading what is being presented it appears the the City of Seattle considers the Sonics very important to the city. As I would paraphrase, important to the fabric of the city. They have pointed out how important it is to have players go to schools and such to improve the "fabric".

Well I think an astute judge would give the city three choices:
1: Let the team leave and pay off the lease.
2: Have the team stay one more year and forgive the last year's lease.
3: Since the team is so important to the "fabric", forgive the last two years lease in
return for the team to stay those two year.

Otherwise the judge should look at this an consider that all the arguments are tongue in cheek and the city just wants to bleed the team before they leave.:fighting4

In reading what is being presented it appears the the City of Seattle considers the Sonics very important to the city. As I would paraphrase, important to the fabric of the city. They have pointed out how important it is to have players go to schools and such to improve the "fabric".

Well I think an astute judge would give the city three choices:
1: Let the team leave and pay off the lease.
2: Have the team stay one more year and forgive the last year's lease.
3: Since the team is so important to the "fabric", forgive the last two years lease in
return for the team to stay those two year.

Otherwise the judge should look at this an consider that all the arguments are tongue in cheek and the city just wants to bleed the team before they leave.:fighting4

If the team is so terribly important to the fabric of the city, why did its' populace pass I-91 shortly after Bennett bought the team? Why did the mayor refuse to consider at least putting the arena up to a vote? Why did he and the city council not lobby the state legislature to seriously consider the arena bill? My take is that the team is terribly important to the fabric of the city as long as Bennett was willing to pay hundreds of millions for the team, assume all losses AND build a multimillion dollar arena. Where was any gesture by the city showing Bennett, David Stern and the NBA how important the team was to them?

I'd say the city's position boils down to

(a) the lease requires your uniqueness to remain a part of our collective for the
full term, and money can not replace that uniquenees of the team being here
(b) you knew it was a bad for your side lease when you assumed it, and signed it
anyway
(c) you're a business man and a deal is a deal in the city's view.
(d) Since that oughta get the city home, we may as well get in some discovery on the Schultz suit and save our savior some dough

Does that prevail? I'm no fed black robe, so not for me to say, but they sure seem to think that's enough, and not just the fans, as that's the way the lawyers seem to be playing it.

did not have to wade into the swamp

I'd say the city's position boils down to

(a) the lease requires your uniqueness to remain a part of our collective for the
full term, and money can not replace that uniquenees of the team being here
(b) you knew it was a bad for your side lease when you assumed it, and signed it
anyway
(c) you're a business man and a deal is a deal in the city's view.
(d) Since that oughta get the city home, we may as well get in some discovery on the Schultz suit and save our savior some dough

Does that prevail? I'm no fed black robe, so not for me to say, but they sure seem to think that's enough, and not just the fans, as that's the way the lawyers seem to be playing it.

did not have to wade into the swamp

I know I should understand this. Oh well, smarter people then me.

I'd say the city's position boils down to

(a) the lease requires your uniqueness to remain a part of our collective for the
full term, and money can not replace that uniquenees of the team being here
(b) you knew it was a bad for your side lease when you assumed it, and signed it
anyway
(c) you're a business man and a deal is a deal in the city's view.
(d) Since that oughta get the city home, we may as well get in some discovery on the Schultz suit and save our savior some dough

Does that prevail? I'm no fed black robe, so not for me to say, but they sure seem to think that's enough, and not just the fans, as that's the way the lawyers seem to be playing it.

did not have to wade into the swamp

Good points, but it takes a stronger showing to invoke the court's equity power for specific performance. What you're saying speaks to the validity of the contract...no one disagrees that the lease must be honored. Now, must it be honored by paying all the rent, or by actually staying in Seattle. That's the showing that seattle must make. From wiki:

Orders of specific performance are granted when damages are not an adequate remedy, and in some specific cases such as land sale. Such orders are discretionary, as with all equitable remedies, so the availability of this remedy will depend on whether it is appropriate in the circumstances of the case.

There are certain circumstances where an order of specific performance would not be granted. Such circumstances include:

1. specific performance would cause severe hardship to the defendant
2. the contract was unconscionable
3. the claimant has misbehaved (no clean hands)
4. specific performance is impossible
5. performance consists of a personal service
6. the contract is too vague
7. contracts terminable at will
8. contracts requiring constant supervision
9. contract lacking mutuality.
10. contract made for no consideration.

Current witness sounds a little silly....


10:10 a.m. - When asked what Seattle without the Sonics would be like, Alexie says it would be like comparing himself to Shakespeare. He says college and high school basketball in the area doesn't make the same impact. As a season ticket holder, Alexie is asked about how full KeyArena is. Alexie says it's simple -- when you win or when a big time opponent is in town, more people show up. Alexie giving an example of 2004-2005 season in which the Sonics unexpectedly made the playoffs and went deep into the playoffs. He metions one of his favorite moments was the potential game-winning shot Ray Allen took in Game 6 of their playoff series that year with the San Antonio Spurs. Allen missed the shot, but Alexie said there was something "about that moment between the mystic and the real" that makes it a favorite memory.

10:03 a.m. - Alexie is asked how loud fans are at Sonics games. Alexie says very loud "when they're winning." He also says it gets pretty rowdy when it's a matchup against a big opponent. When asked about racial makeup of Sonics fans, Alexie says when a big time opponent comes or other big things happen, you see "a lot more black people" than at many other Seattle venues. He also makes reference to an increase to Asian-Americans in the crowd when the Houston Rockets and their star Yao Ming comes to town, etc. Alexie mentions that he is Native American and says if makes him feel special to see the diversity. He's also comparing the NBA to mythology, saying LeBron James will be looked at like Hercules in 100 years.

Good points, but it takes a stronger showing to invoke the court's equity power for specific performance. What you're saying speaks to the validity of the contract...no one disagrees that the lease must be honored. Now, must it be honored by paying all the rent, or by actually staying in Seattle. That's the showing that seattle must make. From wiki:

Orders of specific performance are granted when damages are not an adequate remedy, and in some specific cases such as land sale. Such orders are discretionary, as with all equitable remedies, so the availability of this remedy will depend on whether it is appropriate in the circumstances of the case.

There are certain circumstances where an order of specific performance would not be granted. Such circumstances include:

1. specific performance would cause severe hardship to the defendant
2. the contract was unconscionable
3. the claimant has misbehaved (no clean hands)
4. specific performance is impossible
5. performance consists of a personal service
6. the contract is too vague
7. contracts terminable at will
8. contracts requiring constant supervision
9. contract lacking mutuality.
10. contract made for no consideration.

Good stuff.

FWIW, this has all been said about umpteen times in the course of this thread. Before people open their mouth and say stupid things, e.g. "a lease is a lease," they should read the damned thread as well as Doug Loudenback's blog post regarding the matter.

Such uneducated, lazy statements barely merit a reply.

Current witness sounds a little silly....


10:10 a.m. - When asked what Seattle without the Sonics would be like, Alexie says it would be like comparing himself to Shakespeare. He says college and high school basketball in the area doesn't make the same impact. As a season ticket holder, Alexie is asked about how full KeyArena is. Alexie says it's simple -- when you win or when a big time opponent is in town, more people show up. Alexie giving an example of 2004-2005 season in which the Sonics unexpectedly made the playoffs and went deep into the playoffs. He metions one of his favorite moments was the potential game-winning shot Ray Allen took in Game 6 of their playoff series that year with the San Antonio Spurs. Allen missed the shot, but Alexie said there was something "about that moment between the mystic and the real" that makes it a favorite memory.

10:03 a.m. - Alexie is asked how loud fans are at Sonics games. Alexie says very loud "when they're winning." He also says it gets pretty rowdy when it's a matchup against a big opponent. When asked about racial makeup of Sonics fans, Alexie says when a big time opponent comes or other big things happen, you see "a lot more black people" than at many other Seattle venues. He also makes reference to an increase to Asian-Americans in the crowd when the Houston Rockets and their star Yao Ming comes to town, etc. Alexie mentions that he is Native American and says if makes him feel special to see the diversity. He's also comparing the NBA to mythology, saying LeBron James will be looked at like Hercules in 100 years.

Ordinarily, if I were an attorney for the Sonics, I'd just stay on my feet throughout this testimony objecting based upon relevance. Considering the "clock," however, I guess it's just smart to let them waste their time on a useless witness and pass on cross.

I agree. I mean, it's wonderful this guy takes so much away from the Sonics...but I guarantee it's not as much as manufacturing plant moving means to a worker in that plant. Just pointless crap. Oh well.

CIty of Seattle has rested its case. Midtowner, what do you think the chances of having a directed verdict against Seattle at this point might be? ;)

CIty of Seattle has rested its case. Midtowner, what do you think the chances of having a directed verdict against Seattle at this point might be? ;)

No clue. I'm sure we'll find out though. At this point, the PBC would be foolish not to make the motion.

Since we're dealing in equity, I doubt the judge would sustain a demurrer.

here is a piece of an article on cbssportsline.com


Author, poet and humorist Sherman Alexie, a longtime Sonics season-ticket holder and a winner of the National Book Award, followed Hatamiya on the stand. The city called him to describe the team's importance to the community, or at least to Sherman Alexie -- and that he did, gushingly.

"I want two more years of the great gods," he pleaded.

He told of how isolated and alone he often feels as an American Indian in an overwhelmingly white city, and how that vanishes when he sees the melting pot of fans and players at KeyArena. He credited basketball for improving his relationship with his father, and said most of his friendships in Seattle are based on it.

He got so wound up explaining that "the great thing about basketball is they're barely wearing any clothes" and discussing the "current mythology" of the sport that the judge asked him to slow down.

"We'll try to calm your excitement a little bit, Mr. Alexie," city lawyer Michelle Jensen told him.

"Sorry, judge," Alexie replied.

He went on to talk about how things have changed for season-ticket holders since Bennett's Professional Basketball Club bought the team for $350 million in 2006: There were no signs or banners in the players' parking lot, where such fans can park. There was no free popcorn. The new personnel didn't know who he was.

And as a final linsult Alexie got a letter saying that because of the possible relocation, the Sonics wouldn't be selling season tickets for next year. The letter began, "Dear Fan," instead of "Dear Sherman Alexie."

I've kept my thoughts to myself over this but doesn't it seem that the city's fight is from a personal side and the Sonics are actually adressing the financial, business, and lease side?

I can't believe the city put this clown up on the stand. Its almost embarrassing.

here is the link to the above post:

Economist, gushing fan take stand at Sonics trial - NBA - CBSSports.com Live Scores, Standings, Stats (http://cbs.sportsline.com/nba/story/10871119)

Good grief. I'm glad I'm not on the legal team responsible for Alexie's presence in the courtroom.

No clue. I'm sure we'll find out though. At this point, the PBC would be foolish not to make the motion.

Since we're dealing in equity, I doubt the judge would sustain a demurrer.

I doubt so too, but think about it- as it stands, the court is sitting in equity anyway as the fact finder and law-decider...the BEST facts have been put forth by the city.... Maybe it's a bad idea, but maybe not a completely baseless idea, to move for a directed verdict. Assuming that should Judge Pechman decide NOT to give a directed verdict at this point, PBC still gets to present its principal case....


But then again, about 300 minutes are left of Seattle's time, which they are saving. If PBC tried a directed verdict, I assume those 300 minutes could be used. Meh, too complicated to figure out and a bad idea anyway, but it would be cool. :)

Can someone explain what a directed verdict is for the blue collar guys here?

In this case, it would mean that the judge would say that the plaintiff has not met its burden of evidence after putting its case on and therefore, the defense wins.

-- basically, we're just yammering.

When there's actually a jury, if the judge thinks there's no question of fact at all, the judge is allowed to decide the case as a matter of law and require the jury to enter a certain verdict.

Sonic's own experts testified in court that OKC could be worse off when team moves here. Hmmm so what is the truth? What we are told now or then? Somebody is lying. Sonics | Sonics argue team has little economic impact on Seattle | Seattle Times Newspaper (http://seattletimes.nwsource.com/html/sonics/2008007993_sonics20m.html)