The Bears are Lawyering

Posted by: Tony on Friday, June 20th, 2008

For a lawyer, it’s a little surreal to see the Cal fan community so completely immersed in legal issues of late.  I take this all as proof that we’re collectively going through a dangerous bout of offseason withdrawal.  In any case, legal news is the order of the day and, being a Cal-bloggin’, law-talking guy, I gotta talk some law.  I’ll start with my two cents on the SAHPC saga and then move on to Marshawn’s struggles against the Man and the Canadian nation.

Panoramic Hill Assoc. v. The Regents of the Univ. of California

So I’ve read the decision and I don’t have a lot of analysis to add to the excellent summaries already put up on California Golden Blogs and Excuse Me For My Voice.  Despite the length, the main holding of the decision is apparent in the second paragraph of the introduction:

As a whole, the SAHPC project does not violate Alquist-Priolo because it will not be constructed on an active fault, and the SAHPC overall is not an “addition” or “alteration” to CMS within the meaning of Alquist-Priolo.  However, as set forth herein, certain elements of the SAHPC project do constitute alterations to CMS.  In order to comply with Alquist-Priolo, Respondents must determine the value of these alterations and of the existing CMS structure.

It’s pretty much impossible to read that statement and consider this ruling to be anything but an unambigous victory for the University with respect to the SAHPC.  As many have noted, the alterations in question are minor construction projects like installing a grade beam, altering staircases and boring holes for wiring.  By any valuation method, the Stadium is worth more than twice the cost of these alterations (and by the replacement cost-less-depreciation valuation method the Court suggests on page 35, the Stadium is worth plenty more). 

The one concern I have coming out of this decision is that it’s going to make it much harder to implement the longer-term Stadium improvements the University has planned.  In ruling that the University is subject to Alquist-Priolo, the Court has opened the door to challenges based on the cost of those improvements vis-a-vis the value of the existing stadium.  I’m still pretty sure litigation will produce a valuation analysis that comes out in our favor, but now the numbers become critical to the analysis.  We can also expect more days in court in the coming years.  And what exactly is the alternative if the University ultimately can’t upgrade the stadium?  Move it to Walnut Creek?   

For today, however, GO BEARS!  BEAT THE HIPPIES!

The Money, the Porsche and the Cannuck

While Marshawn and the Bills have been hush hush about the hit-and-run investigation, there has been a steady dribble of news.  First we learned that the DA was pretty sure Marshawn was behind the wheel.  A few days later, came word that subpoenas were issued to three Bills players, the team’s COO, and the team’s Security Chief for appearances at a grand jury proceeding today.  Then the alleged victim lawyered-up (a sure sign that a civil suit is around the corner).  Yesterday’s big news was a rumored settlement in the works.

I was planning to post on the settlement or indictiment (whichever came first), but the latest is that several of the subpoenaed witnesses won’t be appearing today because they’re out of town.  That almost certainly means that an indictment won’t issue right away and, since grand jury proceedings are closed, we probably won’t have a ton of news today unless Marshawn cops a deal.  

We’ll continue to stay on top of the news and will post regarding any new developments.  It goes without saying that Marshawn holds a special place in the hearts of Cal fans, that it’s especially important to fan that Marshawn succeed, and these allegations are all the more disappointing for those reasons.  For the anxious or impatient, regardless of how things shake out, Marshawn is unlikely to do any jail time or miss significant playing time next season.    



Topics: Alumni, Blogs, Buffalo Bills

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