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Million dollar question The National Basketball Association and the National Hockey League, both of which must approve changes of ownership, were reviewing the ruling late Friday and had no comment. "It would not be appropriate to comment at this time since we have just learned of the decision," said NBA spokesman Tim Frank. NBA 跟NHL 都必须核可所球队有权的改变。目前他们没有任何评论。 The ruling came one week after a hearing at which Johnson said "the remedy could fall short" of Belkin's request and — "thinking out loud here, probably not a good idea in a room with this many lawyers in it" — suggested the court conceivably could find "no harm, no foul" and restart the buyout process from the point at which any breach occurred. At last week's hearing, the judge also implored both sides to consider mediation to settle the dispute. 除了判亚特兰大与华盛顿这一方违约外,法官也希望两造能达成和解。 But in a written ruling Friday, Johnson said the other seven owners "failed to perform [their] obligation" to buy out Belkin and thus gave him the right to buy their stakes "for a purchase price equal to [their] aggregate contributed capital." The judge wrote: "The multi-millon dollar question in this case is this: Is [Belkin] entitled to the remedy spelled out in [last summer's buyout agreement]? The short answer is yes." The other owners' aggregate contributed capital was about $31 million as of February, according to an affidavit filed in the case, but it might have increased with additional contributions since then. During last week's hearing, an attorney for the other owners said that if Belkin were allowed to buy them out at cost, he would be getting the franchises and Philips Arena operating rights for a fraction of their value. Belkin 用成本价 31M 就可以买下老鹰与 Thrashers。 Belkin agreed last August to sell his stake in the teams and the arena rights to the other owners for a price to be set by a series of up to three appraisals of fair market value. Disagreement about the appraisal process arose in November, when Belkin filed the lawsuit. Belkin去年答应卖出持有股份,接着进入三位估价人一连串的估价行动 ,计算 Belkin 持有股份之市值。十一月,估价发生问题,两边又在法 院相见。 Other owners in the wrong Johnson ruled Friday that the other owners breached last summer's agreement to buy out Belkin by failing to engage a third appraiser within five days of objecting to a second appraisal in December, and again by missing a deadline to pay Belkin for his stake. 法官的理由是其他所有人没有在十二月的时候,五天内决定第三位估价 人来进行二次估价,也因此没有及时付钱给 Belkin。 "This Court finds as a matter of law that ... 'time was of the essence,' " Johnson wrote. The other owners had argued that Belkin's lawsuit interrupted that process and that they weren't obligated to complete the buyout with the matter still in litigation. The judge disagreed, writing: "There is simply no case law cited by either party that would allow the Court to stay the operation of this contract." 其他合夥人主张,Belkin的诉讼打断了买断过程,且他们没有受到被反买 断义务之管束。法官不同意。 The first two appraisals valued Belkin's 30 percent stake at $88 million and $140 million. In court filings, the other owners called both figures "grossly excessive" in light of Belkin's $11.7 million investment. 前两个估价人分别估出 88M 与 140M,其他老板认为那实在太夸张,因为 Belkin 之投资金额差不多只有 11.7M。 In the Friday night e-mail to employees, Levenson and Gearon called the judge's ruling "disappointing" and wrote: "We apologize for the distraction, but we have complete faith in our management team and each of you to continue to improve all facets of our company." Long-simmering tensions between Belkin and the other owners erupted last summer when Belkin attempted to block the Hawks from making a trade for guard Joe Johnson. Hawks general manager Billy Knight, who last summer famously refused to shake Belkin's hand outside court, could not be reached for comment Friday night. Through a spokesman, Hawks-Thrashers president Bernie Mullin and Thrashers general manager Don Waddell declined to comment. 去年风暴中的主角之一:拒绝与说谎者握手的爆走Knight,依然无法联 络上;总裁 Bernie Mullin 与 Thrashers 总管 Don Waddell都拒绝回 应。 Belkin's lawsuit was filed in Maryland because last summer's buyout agreement stipulated that any resulting legal action would be taken there. Three of the owners — Levenson, Peskowitz and Todd Foreman — own a business information company based in Rockville, Md., near Washington. --



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