
JEFF BLAIR
From Wednesday's Globe and Mail
While civic delegations from Washington and Portland, Ore., met informally in New York Tuesday with a committee exploring the relocation of the Montreal Expos, a lawyer representing the former limited partners of the club reiterated he would seek an injunction if the franchise is moved or sold. "We're following things closely enough to know that if they [Major League Baseball] went forward and sold the team, we would go forward and seek a preliminary injunction in federal court that would prevent it," said Jeff Kessler, who represents 14 Canadian businesses embroiled in legal action against Florida Marlins general partner Jeffrey Loria and baseball officials. The legal action is proceeding slowly. In November, U.S. Federal Court Judge Ursula Ungaro-Benages stayed a lawsuit filed against Major League Baseball and Loria, putting on hold a federal racketeering lawsuit until after an arbitration hearing involving Loria and the limited partners. Two of the three arbitrators have been chosen by the American Arbitration Association, but it could take as long as another month before the third member is selected. At that point, initial conferences will be held, and lawyers from both sides say there has been no movement toward a negotiated settlement. As part of her ruling, Ungaro-Benages agreed to hear any request for an injunction. But asked Tuesday whether baseball would still go ahead and sell the Expos even under the threat of an injunction, Robert Dupuy, the president of Major League Baseball, said, "Yes, unequivocally." The relocation committee includes Chicago White Sox owner Jerry Reinsdorf, former Milwaukee Brewers president Wendy Selig-Prieb, DuPuy and baseball vice-presidents John McHale Jr., Tom Ostertag and Jonathan Mariner, as well as consultants Corey Bush and Robert Starkey. Portland's delegation was led by Mayor Vera Katz, while Mayor Anthony Williams led Washington's delegation. Wednesday, a Northern Virginia group headed by Virginia Attorney-General Jerry Kilgore will meet with the panel. Katz said she expects the groups will be invited back for formal presentations before the beginning of April. "They [baseball] wanted to know what our situation is in Oregon, who had authority for what revenue sources, whether we need to go to the voters," said David Kahn, the former general manager of the Indiana Pacers of the National Basketball Association and a leading figure in the Oregon Stadium Campaign. The Expos are owned and operated by a limited partnership of Major League Baseball's 29 other franchises, and ballpark financing will be an important factor in the decision on the Expos' future location. That's why baseball is talking first to civic officials before zeroing in on potential owners. Portland is further behind the other prospective areas in ballpark design and financing and has no identifiable ownership group in place at a time when the economic climate would seem to weigh against its bid. Oregon voters cast ballots Tuesday on a measure to raise income taxes to close a $310-million (U.S.) budget gap. District of Columbia officials are examining five prospective sites in the city and hope to cobble together a bid that would include as much as $300-million in public money, which would be recouped through ticket and parking taxes. There are tough political fights ahead, but Williams has been active in supporting the bid. Neither DuPuy nor commissioner Bud Selig was expected to sit in on the informal sessions.
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