Schultz suing to get Sonics back
06:59 PM PDT on Tuesday, April 15, 2008
SEATTLE - Howard Schultz passed the ball and the keys to the Sonics franchise in July 2006.
Now, he wants the ball back.
The former owner of Seattle's NBA franchise is suing the group he sold the team to, accusing them of not abiding by a side letter in the deal to make a good faith effort to keep the team in Seattle.
Attorney Richard Yarmuth tells KING 5 News Schultz plans to file the lawsuit within two weeks.
Schultz told KJR 950AM after the sale, "In writing, (Bennett) would honor the four year lease, in terms of 2010, and he would use his best efforts in the next 12 months."
But, Bennett and ownership partners Aubrey McClendon and Tom Ward exchanged e-mails in April 2007 in which they discussed whether there was any way to avoid further "lame duck" seasons in Seattle before the team could be relocated.
Bennett, who had promised to negotiate with Seattle for a full year before deciding whether to move the Sonics, responded: "I am a man possessed! Will do everything we can. Thanks for hanging with me boys."
On Aug. 17, 2007 Bennett e-mailed NBA commissioner David Stern, claiming he and his partners had "never discussed moving the Sonics to Oklahoma City."
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Stern said Monday he stands behind Bennett, but admitted he hadn't read the e-mails.
Gov. Christine Gregoire is backing Schultz. She also sent a letter to NBA owners on Tuesday, asking them to reject the Sonics relocation, or at the very least, to hold off on making a decision until legal matters involving the Sonics are resolved. The NBA's Board of Governors meets Thursday and Friday to decide whether to grant the move.
The letter is also signed by House Speaker Frank Chopp, Senate Majority Leader Lisa Brown, King County Executive Ron Sims, and Seattle City Council President Richard Conlin.
"There appears to be a clear breach of contract, a clear breach of faith with the fans, and a clear potential breach of a binding lease," said Gregoire.
But how easy will it be to sue based on the good-faith effort?
The Seattle Times
Howard Schultz will sue within two weeks, attorney says.
"Hanging a case on the issue of good faith or best efforts requires a close look at what was in the original agreement between the parties and whether they defined those terms or as more typical, left them undefined," said Terry Foster, Assistant Dean, Seattle University School of Business.
A spokesman for Clay Bennett says he has no comment, nor did the NBA. However, a league spokesperson says despite all the news of the past week, he still expects the board to vote on the relocation request this Friday.
A judge will hear a lawsuit in June by the City of Seattle, which is attempting to force the Sonics to stay through the end of their KeyArena lease in 2010.
KING 5's Chris Daniels will be in New York City as the NBA votes on whether to allow the Sonics to move. Watch his reports on KING 5 News, KING5.com and NWCN.com Thursday and Friday.
The Seattle Times and Associated Press contributed to this report.









