FanHouse Howard Schultz

As we've mentioned before, there is significant evidence to believe that David Stern and Clay Bennett are good friends (I think actually, it's a fact, if that is a provable statement). This friendship took another convenient twist with the latest news re: hijacking Seattle.

How else can you explain the subsequent timeline of events: Bennett signing a settlement that agrees to return the Sonics if Howard Schultz wins his lawsuit followed immediately by the NBA getting elbow deep in that same court proceeding? That's right, the NBA itself is now filing motions to dismiss Schultz' lawsuit.

The NBA claims in its motion that the transfer of the franchise to a court-appointed receiver and a subsequent transfer back to Schultz would both be prohibited by the league's constitution.

The motion also claims that if a court-appointed receiver were to be appointed, the NBA's constitution allows for the league's owners to put that team "under the management and control" of commissioner David Stern.

"The relief requested by plaintiffs is entirely inconsistent with these reasonable and lawful regulations of the NBA, and the disposition of this action therefore threatens the ability of the League to protect its justifiable interests," attorney Ralph Palumbo wrote in the motion.

And yes, there's a pile of legalese in there. But my understanding here is that the NBA has rules in place to avoid a league owned team (that's a good rule) and they're using it to nullify Schultz' suit (that's a pretty malevolent application). And if you think that the NBA's lawyers just managed to come up with this, well, you're wrong.

Despite all of the court cases, despite all of the pleading from the fans and despite the possibility of other ownership options stepping in to help keep the Supersonics in Seattle, a majority of National Basketball Association owners voted today to allow the team to relocate to Oklahoma City.

A majority of owners voted to approve the Sonics' move, according to Richard Peddie, president of Maple Leaf Sports & Entertainment, which owns the NBA's Toronto Raptors.

Peddie didn't give a vote total as he emerged from the closed-door session in New York.

This is a pretty aggressive move by the NBA owners, but entirely shocking. Allowing Clay Bennett to truck the Sonics out of Seattle gives them ridiculous precedent (of the non-legal variety right now) to demand new facilities and upgrades for other teams in various cities simply by threatening relocation.