Ownership update

[DrReality]

It is at least a light at the end of the tunnel. This should have some impact on signing contracts, free agents, coaches, etc. Hopefully this will turn the tide and we can gain some positive momentum.

Belkin has sunk a fortune into this thing and now that it does not look as promising, he's got to 'fish or cut bait.'

[vdunkndunk]

Sounds like we're basically back to square one, still trying to figure out how much Belkin will get to just go away.

One difference the second time around though is that a new judge will be hearing the case in the lower court, which can only be good news considering the fact that Belkin seemed to own the first one.

I guess my main question right now is whether we still have any salary cap or contract-length restrictions, or whether we need Belkin's approval to do a deal...all that kind of stuff.

Overall though I'd say this is very good news. Here's hoping they get this thing resolved once and for all as quickly as possible.

[DrReality]

From Sekou's blog:

AJC > Sports > Hawks > Blog > Archives > 2007 > September > 10 > Entry

Facebook Digg DEL.ICIO.US Newsvine Reddit When do you know it’s over?

By Sekou K Smith | Monday, September 10, 2007, 04:13 PM

The Atlanta Journal-Constitution

It’s a fair question.

Just take a look at some of the folks who are facing what looks like the end:

Britney Spears (whew, she’s fallen harder and faster than the Michigan football program judging from her showing at the VMAs last night).

Lloyd Carr (as the joke goes, you can’t spell LLoyd without two Ls) and Charlie Weis (the Patriots and Tom Brady look just fine without the genius calling plays, Notre Dame on the other hand …).

HBO (tried to get through their Sopranos replacement last night, on the way to my man Larry David and Curb Your Enthusiasm, and I’ll just say it was the letdown of the century. And Entourage was less than stellar this season as well).

There are plenty others I’d love to mention here, but I’ll move on. The point is, when is enough … well, enough? How do you know when it’s time to fade into the sunset honorably and step aside for someone else to take center stage?

The passionate fans of all of the entities mentioned above would tell you yesterday on all counts. I’d have a hard time disagreeing. And that’s not a knock on any of the past success that’s already in the bank. But we’re just not a society built on people surviving on sustained mediocrity (well, in most cases).

If you’re not capable of reinventing yourself on a continual basis, in whatever you do, maintaining a high level of anything becomes a mighty chore. Just ask anyone charged with maintaining a sustained level of excellence in his or her chosen endeavor.

That’s why everything I’m hearing from my spies in Hawksville should make Hawks fans feel good.

Thanks to lofty spots in the draft lottery every year, they’ve had the opportunity to reinvent themselves every year. And if the early reviews of Al Horford’s workouts with the rest of his veteran teammates are any indication, he’s going to bring a much-needed dose of toughness to the Hawks’ interior rotation.

According to my spies, the usual suspects are showing as expected. “Joe Johnson’s as smooth as ever. Josh Smith is all over the place. Marvin’s shooting it picture perfect. But man, Al Horford has some lift around that basket. He’s going to be a monster.”

Having seen Horford (albeit on a bad ankle) in summer league, it’s easy to see him becoming the type of guy that relishes the opportunity to mix it up around the basket. He wasn’t able to show off that “lift” around the basket the way I’m sure he would have liked in Salt Lake City. But he’s been in the gym all summer, based on reports from some of my other spies.

Without the addition of any high profile free agents this summer, the Hawks will need for both Horford and fellow rookie Acie Law IV (who has also made a strong early impression on his veteran teammates) to navigate the transition from college stars to NBA regulars rather quickly.

Permalink | Comments (33) | Post your comment |

Comments

By mykhalc

September 11, 2007 9:06 PM | Link to this

FLASH,LOL. i think i got it out……for now..LOL

By The Flash

September 11, 2007 8:26 PM | Link to this

myk I wouldn’t worry about those old rants of yours, you’re doing just fine now. No better than I would, btw, had the ruling gone for my guy. Go crazy.

By mykhalc

September 11, 2007 7:57 PM | Link to this

AND they need to disbar the freakin’ judge that made the pro-BELKIN rulin’ in the first place. or send his a$$ to traffic court!!! he’s the MAIN reason that this drama has now played out this long. OBVIOUSLY, he can’t interpret the law nor a legal contract!! as mountain jim said the previous rulings was absurd to start with!!!

By mykhalc

September 11, 2007 7:28 PM | Link to this

man, it must be turnin’ around for the HAWKS!! FINALLY a freakin’ judge/court with some sense and knows how to interpret the damn law!! just what i need to get my juices flowin’ for the YOUNG GUNS again…a common sense ruling against the person that should not be allowed to enter the PHILLIPS ARENA EVER AGAIN!!!!

i wish i had saved my previous ANTI-BELKIN rants!!! beause the court ruled EXACTLY as i said, as i thought, and as they should!!! NOW the question remains, will it go the the COURT OF APPEALS next??? if not, then it’s time for STERN to get off his a$$ and settle this thing sometime before the next millenium!!!

By The Flash

September 11, 2007 7:12 PM | Link to this

Doc, needless to say I’m bummed.

Have not seen the opinion and would second the emotion that ajc post it—never did see a copy of the lower court decision in full. I’ll be in the office tomorrow and see what I can do.

I know I’m in the minority on this, but I think that the offseason was managed okay except for the coaching thing. My thought is that this is agroup that can compete, even though it has only one big name. Many of the big names have lots of wear and tear on them tires, aka Boston.

Sooo, in the short run, going with this group might bring some smiles.

By mountain jim

September 11, 2007 6:59 PM | Link to this

I think the Belkin decision is progress. I always thought the previous rulings were absurd, and that Belkin somehow had that court in his pocket - now he has to deal instead of steal.

I expect the restrictions ceased with this ruling, unless the ruling keeps them in place until the lower court revisits that as well.

So we need to see the complete decision.

By Astro Joe

September 11, 2007 5:54 PM | Link to this

“Allowed to operate without restrictions”, don’t you mean court-ordered restrictions? If I recall correctly, Belkin brought 40% of the purchase price to the table. That says to me that the other guys collectively were falling far short of what was needed to purchase the properties in the first place and needed Belkin to close the gap. I can’t help but wonder if the remaining owners of the Spirit have the requisite funds to do anything more, especially after bleeding money the last few seasons between operating losses and legal fees. This may be more harmful to the fans than it is good, as it may mean that we are still several years away from an ownership group with the power AND the funds to field a competitive ball club. And with several extensions due in the next 2 seasons (Smith, Chill, Marvin & Zaza), we may be watching some of our talent walk out the door while these owners are still debating appraisals. Where’s the Alka-Seltzer, my stomach’s all in a knot again.

By Sekou K. Smith

September 11, 2007 5:11 PM | Link to this

This certainly appears to be a blow for the Spirit, provided they are allowed to operate without restrictions. But that question, along with many others, has yet to be answered.

If nothing else, it turns the clock back to summer 2005 and an appraisal process that could last months. But again, if the team is allowed to operate without restriction, things in Hawksville could interesting real soon. Stay tuned.

don't get his meaning of it being a blow to the Spriit?

[mrhonline]

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It's HTPA v Belkin although they misspelled it Belikin.

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Looks like someone had their minds on a vacation:

[bumpyphish1]

By Sekou K. Smith

September 11, 2007 5:11 PM | Link to this

This certainly appears to be a blow for the Spirit, provided they are allowed to operate without restrictions. But that question, along with many others, has yet to be answered.

If nothing else, it turns the clock back to summer 2005 and an appraisal process that could last months. But again, if the team is allowed to operate without restriction, things in Hawksville could interesting real soon. Stay tuned.

don't get his meaning of it being a blow to the Spriit?

I dont either.

[Zone034life]

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By Sekou K. Smith

September 11, 2007 5:11 PM | Link to this

This certainly appears to be a blow for the Spirit, provided they are allowed to operate without restrictions. But that question, along with many others, has yet to be answered.

If nothing else, it turns the clock back to summer 2005 and an appraisal process that could last months. But again, if the team is allowed to operate without restriction, things in Hawksville could interesting real soon. Stay tuned.

don't get his meaning of it being a blow to the Spriit?

I dont either.

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I believe he said blow for the spirit group meaning they have made the latest jab in this long drawn out fight for the arena,hawks and thrashers. Hopefully it will come out tommorow that the restrictions have been atleast temporarily lifted.

[DJlaysitup]

That's so similar to what everybody says...ASG, the heros....Belkin sucks...BS

Most of the ASG wanna watch a hockey team.

Belkin is a basketball man all the way...played the game. Give the others in the ASG the damned hockey team (who cares - not me) and give Belkin the basketball team (which he loves) and some sort of agreement on the arena....and we'd be fine.

Belkin is RICH....yep rich biotch...and he wants to be an owner like Cuban. He could do it if these Goobers would get out of the way.

[KB21]

You have got to be out of your mind to support Belkin. It's delusional to think he would be good for this team with his desire to run the team on the cheap. He doesn't want to be Mark Cuban. Cuban will spend money on his team. Belkin just wants to turn a profit. That's it.

Also, if he was a true basketball man, he wouldn't have ML Carr lined up to run the basketball operations.

[Diesel]

Actually, i think it's a very good time to bring in a guy like Turner or one Cox as a major investor and buy Belkin out at the first appraiser's price. The sooner you get this out the way, the sooner the Hawks can focus on real basketball and basketball moves.

This also means that Woody and BK has no net.

[Swatguy]

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Actually, i think it's a very good time to bring in a guy like Turner or one Cox as a major investor and buy Belkin out at the first appraiser's price. The sooner you get this out the way, the sooner the Hawks can focus on real basketball and basketball moves.

This also means that Woody and BK has no net.

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If the sides agree on a price (buyout) it is good and acceptable. But if the courts mandate the sides must use an appraisal, the first one is now invalid. Appraisals are for that time only. A new appraisal will then Have to be ordered.

[AHF]

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Looks like it showed up on the Unreported Cases list.

http://www.courts.state.md.us/unreported_o...unreported.html

So much for transparency in the system.

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Unreported decisions don't mean they are secret. People can still get them. They just don't have the same precedential value as reported cases (i.e., future decisions by courts aren't bound by unreported decisions to the same extent they are boun by reported cases).

[Packfill]

The decision should be up on westlaw or lexis.

[AHF]

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The decision should be up on westlaw or lexis.

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It isn't yet.

[Diesel]

I don't think that there's going to be a problem with a new appraiser.. In fact, I would let Belkin pick the appraiser as long as it means he has no right to refuse his own appraiser?!! Then whatever reasonable number the appraiser comes up with, just pay it.

My question is what about that money that the rest of the spirit paid while Belkin paid nothing?

[Gangstur]

I'm pretty sure that to get your hands on it, you'd have to walk into the clerks office and make some copies. Maybe they take copy requests over the phone or something, but don't hold your breath expecting to see it online.

[Packfill]

When I clerked the weslaw/lexis folks would call to get copies of the decisions.

[AHF]

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What impact does this have to last summer's mandate not to sign players to 5 year deals nor exceed the salary cap? Will this open the door to Smith (and Hossa on the Thrashers side) getting their 5-year extensions? At a minimum, we need to be able to make an appropriate offer to extend our current players, even if we won't pursue new ones.

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I haven't read any of this online, but I don't think this affects the 4-year and Salary Cap restrictions we are under currently. AHF will have to back me up or tell me otherwise, but I don't see how this directly affects that.

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I think there is a very good chance that those restrictions will be lifted. They were put into place after the Court ruled that Belkin had the right to purchase the teams so that his interest in the teams would not be comprimised by mismanagement. Now that the Court vacated the ruling that he is entitled to purchase the teams, this restriction may be lifted by the trial court.

It would be nice to read the opinion on this from the Court of Appeals to see if the order putting the interim restrictions in place was also vacated. If not, the ASG will surely move to have them altered or lifted entirely.

[Johann]

Agree with you HF. I didn't see the lower Court's order handcuffing the Spirit, but I presume its duration is "pending appeal." That would include any application by Belkin to further appeal this ruling that just came out. Once the appeals process is over, though, the handcuff order may evaporate, and a new order may have to be entered to govern the operation of the Hawks and Thrashers pending final resolution of the court case.

On another note, I think at some point the case has to be decided under equitable principles, since the original agreement has apparently been ruled ambiguous as to procedure when both sides objected to the appraisal. It hardly seems equitable or fair for Belkin to be able to take advantage of appreciation in value of the clubs since the first appraisal, since he has not had to foot any of the expenses since then.

It's beginning to look like an agreement would benefit all sides. The attorney's fees for both must be getting astronomical. I saw an article not too long ago that said Belkin's building project in downtown Boston may be jeopardized by the credit crisis. Maybe it is getting time for everyone to just move on.

[Johann]

Agree. As I said above, once the case gets back to the lower court, the handcuff order probably expires under its own terms.

What think ye of my other speculations, AHF?

I have now determined, by the way, that the folks who have the time to waste errr... post on this site are, in addition to 12 year olds, lawyers.

[exodus]

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Agree. As I said above, once the case gets back to the lower court, the handcuff order probably expires under its own terms.

What think ye of my other speculations, AHF?

I have now determined, by the way, that the folks who have the time to waste errr... post on this site are, in addition to 12 year olds, lawyers.

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We have all kinds here. i would say that overall the intelligence of the people here is much higher than that of people on most boards.