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San Diego Yacht Club Files Amicus-Curiae Brief as well

Posted on 03 January 2009 by Valencia Sailing

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– Amicus curiae filed by the San Diego Yacht Club


[Source: San Diego Yacht Club] The San Diego Yacht Club and the San Diego Yacht Club Sailing Foundation jointly filed an Amicus-Curiae Brief (friend of the court) to the New York Court of Appeals on December 31, 2008.

As many members know, the fate of America’s Cup is currently in the hands of the New York Court of Appeals. The final hearing will be held in that Court on February 10, 2009 with a decision expected in late March 2009 or early April 2009.

Given San Diego Yacht Club’s prior involvement in the America’s Cup as a former Trustee and defender of the America’s Cup races held off of the coast of San Diego during 1992 and 1995, the San Diego Yacht Club Board of Director’s and the San Diego Yacht Club Sailing Foundation felt compelled to provide written evidence to the court in support of Golden Gate Yacht Club’s position relative to the definition of an “organized” yacht club as described in the America’s Cup Deed of Gift and, therefore, the necessary qualifications required for a yacht club to be accepted as a Challenger of Record.

San Diego Yacht Club’s and San Diego Yacht Club Sailing Foundation’s position is supported by the New York Yacht Club who also filed a separate Amicus-Curiae Brief to the New York Court of Appeals on the very same day.

4 Comments For This Post

  1. Anonymous Says:

    “To the point that ALL THE TEAMS are pleading with BOR to drop their law suit. Doesn’t that mean something?”

    To little to late IMO. BMWO has been asking since the court buisness started for mediation. SNG/Alinghi refused. That is over a year of regection by SNG/Alinghi. Now at the last minute SNG/Alinghi gets together a bunch of Teams (both legit and somewhat shaddy) and they work out the “details”. All the while telling BMWO to drop their suit and join. Well after being rejected and insulted by SNG/Alinghi for over a year, why would BMWO all of a sudden drop their suit and join? They didn’t and here we are.

    In the end both sides are to blame for where the AC is. For over a year SNG/Alinghi ignored and insulted BMWO and BMWO stuck to their guns. No give or take from either side. So for some now to say “American’s” and “BMWO” is to blame for all of this is wrong.

    It takes two to tango and SNG/Alinghi has been BMWO’s dance partner in this bulls*** since September ’07.

  2. Anonymous Says:

    2.06pm- The reason why all of the other teams are pleading with BOR to drop the court action is because to race under the current protocol will be shortest route to the next AC.
    If this thing goes to a multihull show down, Alinghi will drag the time frame out for more than another year (which they can), so they can learn to use their boat. If BOR agree to drop the court action it could be possible to have a multichallenger event around the same time that the DOG match would be held.
    So, when posting comments about the other teams wanting BOR to drop the suit, understand the reasons why. It is’nt because the current protocol is good. It is because the other options are far worse for them and their sponsorship.

  3. WetHog Says:

    “So, when posting comments about the other teams wanting BOR to drop the suit, understand the reasons why. It is’nt because the current protocol is good. It is because the other options are far worse for them and their sponsorship.”

    And that is the problem we are faced right now. Whats more important? Making sure the Deed is followed and not abused, or making sure ANY event takes place as soon as possible to ensure sponsorship money is available?

    The AC isn’t a cash cow no matter what SNG/Alinghi, and friends, say or try to do. If you want a steady paycheck get on a MedCup team.

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