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Updated: April 15, 2008, 10:27 AM ET
The former owner of the Seattle SuperSonics plans to
sue the current owners to get the team back, arguing
they breached a condition of the sale to make a
"good-faith effort" to keep Seattle's oldest pro
sports franchise from leaving town, according to
Seattle-area media reports.
Starbucks chairman and CEO Howard Schultz, who sold
the Sonics to an Oklahoma City-based group led by
Clay Bennett, will not seek monetary damages, but
wants the team back, according to his attorney,
Richard Yarmuth.
"It's not money damage. It's to have the team
returned," Yarmuth said, according to The Seattle
Times. "The theory of the suit is that when the team
was sold, the Basketball Club of Seattle, our team
here, relied on promises made by Clay Bennett and
his ownership that they desired to keep the team in
Seattle and intended to make a good-faith effort to
accomplish that."
The team's ownership group has sought NBA approval
to move the team to Oklahoma City for next season.
The city has taken the team to court to enforce its
lease at Key Arena, which runs through September
2010.
The lawsuit, expected to be filed in the next two
weeks, comes after the city obtained and made public
e-mails among members of the current Sonics
ownership group, in which they are seen privately
discussing a move to Oklahoma City at the same time
they were publicly pledging to continue "good-faith"
efforts to remain in Seattle.
After purchasing the team and the WNBA's Seattle
Storm from Schultz in July, 2006 for $350 million,
Bennett promised to spend one full year after the
purchase was approved to seek a viable home for the
Sonics in Seattle. The NBA approved the sale of the
Sonics in October 2006.
Bennett's trips to Washington state to lobby for a
proposed $500 million arena in suburban Renton and
his hiring of a Seattle-based lobbyist and
architectural firm have no bearing on the lawsuit,
Yarmuth told The Times.
"We're talking about fraud at the time the contract
was signed," Yarmuth said, according to the
newspaper. "It's not merely what activities, good
faith or otherwise, were engaged in after the
contract was signed so far as lobbying for a new
stadium."
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 responded: "I am a man possessed! Will do
everything we can. Thanks for hanging with me boys."
Four months later, after McClendon was quoted by an
Oklahoma publication that "we didn't buy the team to
keep it in Seattle; we hoped to come here," Bennett
told NBA commissioner David Stern in an e-mail that
the group had not discussed a move to Oklahoma City.
"I haven't studied them but my sense of it was that
Clay, as the managing partner and the driving force
of the group, was operating in good faith under the
agreement that had been made with Howard Schultz,"
Stern said on a conference call Monday. "His
straight and narrow path may not have been shared by
all of his partners in their views, but Clay was the
one that was making policy for the partnership."
The NBA's owners are expected to vote on the
proposed Sonics move Friday. The league's relocation
committee has already approved the move.
The Associated Press contributed to this report.