Kori Ellis
08-10-2005, 01:42 AM
Hawks seek NBA's help in acquiring JJ
Court upholds owner's authority to block trade
Paul Coro
The Arizona Republic
Aug. 10, 2005 12:00 AM
http://www.azcentral.com/arizonarepublic/sports/articles/0810suns0810.html
After a familiar loss on a road court, Atlanta Hawks owners who want Joe Johnson are now looking to NBA Commissioner David Stern to help them accomplish what a Boston judge would not Tuesday.
NBA lawyers were exploring eight Atlanta owners' request to remove dissenting co-owner Steve Belkin as the team's NBA governor. If successful, they can proceed with a trade that would send Johnson from Phoenix to Atlanta with a five-year, $69.6 million deal.
"We're currently reviewing the judge's ruling," NBA spokesman Tim Frank said.
Belkin's role as governor allowed him to block the deal that would have brought guard Boris Diaw, two first-round draft picks with lottery protection and a $4.9 million trade exception to Phoenix. Last week, Belkin received a temporary restraining order that stopped the owners from a planned vote to replace him as governor. He sought an indefinite injunction Tuesday in a court in Boston, his hometown.
Judge Allan van Gestel granted the injunction 15 minutes before the restraining order was set to expire. The other owners were prepared to take an immediate vote to remove Belkin and install co-owner Michael Gearon Jr. as governor. They could return to court today if they receive the commissioner's approval to remove Belkin as governor.
Much of van Gestel's written explanation was supported with basketball matters, rather than opinions on the role of a NBA governor or specifics of the owners' partnership contract. However, he did emphasize during the hearing that he was surprised the defendant owners did not oblige with a clause in their franchise purchase contract that requires commissioner approval to remove a governor.
The meeting began with Belkin approaching Hawks General Manager Billy Knight, who refused to shake Belkin's extended hand, and the judge referencing the Red Sox's sale of Babe Ruth to the Yankees.
"The defendants claim devastating results for the Atlanta Hawks if the Joe Johnson trade is not accomplished," van Gestel wrote. "They speak warmly of Johnson's talent. He may not, however, be the only basketball player who can serve his potential role for the Hawks. Nor is it clear that getting Johnson and giving up two first-round picks in the 2006 player draft and another player who was himself a first-round pick, along with the amount of money required, would not equally as well have an equally devastating result for the franchise."
The judge also stated during the hearing that he did not have the NBA knowledge to render basketball judgments.
But in the court documents, van Gestel wrote: "It is hardly apparent on the present record that the deal for Johnson, however talented he may be, given what is needed for the Atlanta Hawks in order to effect it, is in the economic best interest of the franchise. In short, it is not clear that Belkin's action constitutes a removable event. Surely, the commissioner, when asked for approval, will have to consider all of the ramifications of the Johnson trade, not just that the defendants and others want him. Sometimes the cost is just too great."
If Belkin's authority to have final rule on trades is upheld by league lawyers today, other possible resolutions include:
• An ownership buyout, whether it is Belkin leaving the group or gaining more than his 30 percent share.
• A renegotiation of the trade. The Suns have resisted the Hawks' attempts at this.
• A third team is involved to make the trade agreeable to all parties.
• The other owners file a motion to reconsider or take the case to an appellate court.
• The Suns make another attempt to sign Johnson to keep him in Phoenix.
Diaw, excited about the possibility of joining the Suns, has his career on hold while trying to decipher the saga from his native France.
"I think it's just a matter of time," Diaw said of the trade getting finalized. "I think they'll work it out."
Court upholds owner's authority to block trade
Paul Coro
The Arizona Republic
Aug. 10, 2005 12:00 AM
http://www.azcentral.com/arizonarepublic/sports/articles/0810suns0810.html
After a familiar loss on a road court, Atlanta Hawks owners who want Joe Johnson are now looking to NBA Commissioner David Stern to help them accomplish what a Boston judge would not Tuesday.
NBA lawyers were exploring eight Atlanta owners' request to remove dissenting co-owner Steve Belkin as the team's NBA governor. If successful, they can proceed with a trade that would send Johnson from Phoenix to Atlanta with a five-year, $69.6 million deal.
"We're currently reviewing the judge's ruling," NBA spokesman Tim Frank said.
Belkin's role as governor allowed him to block the deal that would have brought guard Boris Diaw, two first-round draft picks with lottery protection and a $4.9 million trade exception to Phoenix. Last week, Belkin received a temporary restraining order that stopped the owners from a planned vote to replace him as governor. He sought an indefinite injunction Tuesday in a court in Boston, his hometown.
Judge Allan van Gestel granted the injunction 15 minutes before the restraining order was set to expire. The other owners were prepared to take an immediate vote to remove Belkin and install co-owner Michael Gearon Jr. as governor. They could return to court today if they receive the commissioner's approval to remove Belkin as governor.
Much of van Gestel's written explanation was supported with basketball matters, rather than opinions on the role of a NBA governor or specifics of the owners' partnership contract. However, he did emphasize during the hearing that he was surprised the defendant owners did not oblige with a clause in their franchise purchase contract that requires commissioner approval to remove a governor.
The meeting began with Belkin approaching Hawks General Manager Billy Knight, who refused to shake Belkin's extended hand, and the judge referencing the Red Sox's sale of Babe Ruth to the Yankees.
"The defendants claim devastating results for the Atlanta Hawks if the Joe Johnson trade is not accomplished," van Gestel wrote. "They speak warmly of Johnson's talent. He may not, however, be the only basketball player who can serve his potential role for the Hawks. Nor is it clear that getting Johnson and giving up two first-round picks in the 2006 player draft and another player who was himself a first-round pick, along with the amount of money required, would not equally as well have an equally devastating result for the franchise."
The judge also stated during the hearing that he did not have the NBA knowledge to render basketball judgments.
But in the court documents, van Gestel wrote: "It is hardly apparent on the present record that the deal for Johnson, however talented he may be, given what is needed for the Atlanta Hawks in order to effect it, is in the economic best interest of the franchise. In short, it is not clear that Belkin's action constitutes a removable event. Surely, the commissioner, when asked for approval, will have to consider all of the ramifications of the Johnson trade, not just that the defendants and others want him. Sometimes the cost is just too great."
If Belkin's authority to have final rule on trades is upheld by league lawyers today, other possible resolutions include:
• An ownership buyout, whether it is Belkin leaving the group or gaining more than his 30 percent share.
• A renegotiation of the trade. The Suns have resisted the Hawks' attempts at this.
• A third team is involved to make the trade agreeable to all parties.
• The other owners file a motion to reconsider or take the case to an appellate court.
• The Suns make another attempt to sign Johnson to keep him in Phoenix.
Diaw, excited about the possibility of joining the Suns, has his career on hold while trying to decipher the saga from his native France.
"I think it's just a matter of time," Diaw said of the trade getting finalized. "I think they'll work it out."