Owners fight for franchises By TIM TUCKER The Atlanta Journal-Constitution Published on: 07/09/06 It's no longer news for Steve Belkin to disagree with his partners in the Hawks-Thrashers ownership group, or for them to disagree with him. The latest of many disagreements led to the clause in a judge's order that now puts the teams at a disadvantage in bidding for players. At a hearing on Thursday, Montgomery County (Md.) Circuit Court Judge Eric Johnson called a recess and asked the two sides to reach an agreement on proposed wording for an order he was about to enter. The wording was to replace a clause the judge had been prepared to include that would have banned the Hawks and Thrashers from initiating any player transactions during the appeal of an earlier order that Belkin is entitled to take over the teams. The no-transactions clause would have resulted in the teams being unable to keep full rosters, the non-Belkin owners' lawyers had quickly persuaded the judge. "You're in better position" to work out the language "than I am," the judge told the two sides. The point of the clause, whatever the language, apparently was to protect Belkin against actions by the other owners during the appeal process that might saddle him with unwanted obligations later. (Belkin court arguments often suggest the other owners are over-spenders, although the Hawks' payroll remains among the NBA's lowest.) Not surprisingly, the two sides could not reach an agreement: ‧ Belkin's lawyers proposed that any player transactions require Belkin's consent, in effect giving him veto power over the other owners. ‧ The other owners' lawyers proposed the teams be permitted to make any player transactions they wish as long as they stay under their leagues' salary caps. ‧ A Belkin lawyer suggested the court drop the decimal point from the $11.4 million appeal bond it was requiring the other owners to post, make the bond $114 million and then let the other owners "run the teams the way they want to." Even after a meeting in the judge's chambers, there was no agreement. So the judge came up with this: no transactions to be initiated during the appeal process involving player contracts of longer than one year in duration, except for draft picks. He made that a condition of a stay, pending appeal, of his earlier ruling that Belkin can buy out the other owners at cost because they breached an agreement to buy him out. Three days later, the teams are still sorting out how to deal with the condition, which prevents them from initiating trades or free-agent signings involving players who hold or seek multiyear contracts. The NBA, the NHL and their players' associations are presumably alarmed — although mostly mum — about a situation that has the Hawks and Thrashers unable to fully participate in their leagues' economic systems. "The current situation concerns us," said Jonathan Weatherdon, spokesman for the NHL Players' Association, "and we are monitoring the legal proceedings very closely." Johnson said it could take at least a year for the case to get through Maryland's Court of Special Appeals, and he noted that the state's highest court, the Court of Appeals, could decide to hear it after that. If either court overturns Johnson's ruling, the case would be remanded to him, perhaps for a full trial. THE FIGHT FOR THE FRANCHISES Memorable quotes from a day in court with the Atlanta Spirit feud: "I think we know about Mr. Knight." — Montgomery County (Md.) Circuit Court Judge Eric Johnson, when Hawks general manager Billy Knight — he of the famous refused handshake — was introduced "What protection does Mr. Belkin have against these defendants driving these teams to the brink of bankruptcy and maybe beyond?" — Boston attorney Jack Fabiano, representing Steve Belkin "Who is Mr. Claxton? His name keeps coming up." — Johnson, after pending Hawks signee Speedy Claxton (right) was mentioned several times "They can't operate as professional sports franchises if they can't trade and sign players." — Atlanta attorney Rob Remar, who represents the non-Belkin owners, when the judge said he would order that the Hawks and Thrashers initiate no player transactions during the appeal process; that part of the order was subsequently modified. "[Saying he can] 'live with your honor's condition' proves these folks don't have the interests of these teams at heart." — Remar's response when Fabiano said he "can live with your honor's condition" of initiating no player transactions (later modified) "Hopefully this litigation isn't going to go on forever." — Johnson "The suggestion ... that we might deliberately create losses [to harm Belkin] is quite frankly ridiculous. It is so ridiculous it is laughable. And the best part of the day is the judge agreed." — Atlanta Spirit CEO Bernie Mullin "So much for the myth of independent management. This cheering section is evidence of which side they have thrown their lot with." — Fabiano, pointing to seven Hawks-Thrashers officials lined up in court behind the non-Belkin owners 原文： http://www.ajc.com/sports/content/sports/stories/0709sptbiz.html --

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