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PostPosted: Thu Aug 12, 2004 6:56 pm 
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If BC loses the legal battle with the BE, the school will not be able to join the ACC until 2006.

Since a lot of us have been posting on this board for several years, we all proposed a 5 or 10 million dollar exit fee along with 3 to 5 year notice to leave the BE.

This was proposed and the BE passed long before the second attempt for ACC and Boston College to form alliances.

BC signed on the dotted line so why is the school wasting more money in a legal suite that cant possibly be a win situation.

No dought BC will have to pay the BE 5 million and the BE will not allow the school to leave until 2006.

How much revenue will the ACC lose if BC is not permitted to join until 2006?

There are several interesting rumors floating around on various eastern boards.

Any thoughts?


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PostPosted: Fri Aug 13, 2004 10:51 am 
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Lash, correct me if I'm wrong, but I thought that the legal issue here is that BC agreed to the exit fee verbally & in committee but notified the Big East of its withdrawal from the league before a formal vote was taken at the Big East meeting in November. The Big East contends that BC's verbal agreement & committee vote is sufficiently binding. BC argues that the rule was not in effect until a formal vote was taken at the Big East meeting. I'm not a lawyer, but my money is on BC in this one.


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PostPosted: Fri Aug 13, 2004 11:23 am 
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Friarfan, In a legal sense, a verbal agreement is just as good as written agreement if it can be proven.

I just dont see how BC can get out of the BE without paying the 5 million dollar exit fee. Would be shocked if a judge allowed this as all of us on this board could be witness to the BE rule change after first ACC expansion. It was discussed and there are probably historic references on some of the archived post on this board of the agreement and each school had to agree to remain part of the NBE which included BC. Otherwise BC would have been forced to become an independent until the ACC can calling the second time.

Since I dont see how BC can win this one, the question is will the BE allow the school to leave in 2005.

The BE could let BC go due to issues with a 17 member league in bb. Football would be great for 2005 as BC would provide a 9th member and round robin schedules.

My guess is the BE will make BC pay the 5 million and any other damages that both Miami and BC may have to pay in the legal suit and the BE will let BC out of the notice for time agreement due to other expansion teams joining in 2005.

I just can see how BC is going to make any profits with the ACC move for serveral years once the school has to pay legal fees, exit fees, entrance fees, and any legal damanges won by the BE.






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PostPosted: Fri Aug 13, 2004 12:45 pm 
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As I recall, the BE did approve the $5 million fee, but it was in an emergency phone vote that did not follow conference by-laws. BC's argument is that makes the approval of the fee invalid.

If cooler heads prevail, they will settle for a smaller fee and let BC out next year. Both sides have risk of losing the case on the fee, so it makes some sense to threaten litigation. It also makes sense to settle before they spend too much in legal fees.


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PostPosted: Fri Aug 13, 2004 1:45 pm 
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I agree that both sides need to settle and quickly. Last I checked BC was resolved to paying the $5 mil if ordered, so perhaps their challenge is to see if they can get out of that and to ensure the timing of their exit. Seems moot, though, as everything I've heard from the BE camp has suggested their planning on not having BC in the league next year, and I'm sure they wouldn't want to risk BC actually winning anything that year!


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PostPosted: Fri Aug 13, 2004 3:50 pm 
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Regardless a verbal agreement by phone is valid and BC needs to pay up before shipping south.

I really dont think the BE schools want BC to remain any longer than necessary.

If you look at UConn point of view its good by and good ridiance.

Cant say I blame them.


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PostPosted: Fri Aug 13, 2004 3:59 pm 
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There was an article recently talking about all the money Miami is going to have to pay (not including the lawsuit). I imagine BC will pay more due to the exit fee ($5 mill).

http://cbs.sportsline.com/collegefootball/story/7465988

I don't know how accurate this is. Dennis Dodd has a susposed BE slant. Anyway, here's an portion of the article:

Just something to think about.


3. Yes, the ACC signed lucrative football television contracts with ABC and ESPN ($258 million over seven years). But some are questioning how much more money individual schools are actually going to make. Miami and Virginia Tech won't receive full shares for at least a couple of years.

Subtract a $2 million ACC entry fee and $1 million Big East exit fee and it might be three years or more before either athletic department starts to enjoy the anticipated windfall.

Based on the revenue the ACC distributed to its members before expansion, the addition of the Hokies and 'Canes is going to have to be worth at least a combined $22 million each year.

Miami made $9.2 million in the Big East in 2002-03, the last year figures were available. That same academic year, ACC teams led the country, taking in an average of $10.9 million per institution. Miami gets only a partial share ($6.5 million) from the ACC in its first two years in the league. Athletic director Paul Dee said his department will only break even in the next year.

The real gold nugget is the worth of the football championship game. The SEC and Big 12 are currently 1-2 in total revenue, cashing checks in the $90 million to $103 million range each year. A lot of that revenue has come from the increasing profitability of both conference's football title game.

Just to maintain current levels ($10.9 million per year), the ACC is going to have to produce a staggering $130 million in revenue when Boston College arrives in 2005.

And that's just to break even.


Last edited by panthersc97 on Fri Aug 13, 2004 4:01 pm, edited 1 time in total.

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PostPosted: Fri Aug 13, 2004 5:08 pm 
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One way or another, BC will be in the ACC in 2005.


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PostPosted: Fri Aug 13, 2004 6:37 pm 
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Westwolf, that is if the judge agrees! If not BC will be stuck in the BE until 2006 unless the BE wants them out.

It is not a matter of one way or the other and more about how the legal suit goes and if the BE wants them out.

The ACC is just an athletic conference and BC is just a college and neither are above the law.

So again its not a matter of one way or the other and more about how the legal process takes on this issue.


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PostPosted: Fri Aug 13, 2004 10:10 pm 
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<<Regardless a verbal agreement by phone is valid and BC needs to pay up before shipping south.>>

That all depends on the circumstances. Rule changes in government or other organizations must follow due process or they are not valid. Real estate transactions, for one exception, are only valid in writing. And then BC could also argue about the facts. So the court will have to determine the facts, determine whether some type of due process was required and if so, whether that due process was followed. Neither side can be certain of the result.


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PostPosted: Sun Aug 15, 2004 8:41 pm 
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As was said in another thread, Temple is playing 5 ACC schools next year. They could easily be the 12th member of the ACC, if BC isnt getting it done.


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PostPosted: Thu Aug 19, 2004 3:54 pm 
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Looks like 2005. Judge ruled in BCs favor


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PostPosted: Thu Aug 19, 2004 3:54 pm 
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Looks like 2005. Judge ruled in BCs favor

http://www.boston.com/dailynews/232/sports/Judge_Boston_College_doesn_t_h:.shtml

BOSTON (AP) The Big East can't impose a $5 million fine on Boston College for defecting to the Atlantic Coast Conference, and it can't force BC to remain in the conference for an extra 15 months, a Superior Court judge has ruled.

Wednesday's decision by Judge Allan van Gestel keeps Boston College on track to join the ACC next July and pay a $1 million withdrawal fee to the Big East.

After Miami and Virginia Tech left the Big East for the ACC in June 2003, the presidents of the remaining Big East schools sought to deter further defections by raising the withdrawal fee from $1 million to $5 million and increasing the withdrawal notice from 12 to 27 months.

Boston College supported the amendment when it was proposed in July 2003, but abstained from the Oct. 6, 2003, vote at which it was approved. Six days later, BC accepted an invitation to become the ACC's 12th member.

When the Big East sought to impose the new penalties on BC, the school sued, saying the conference had improperly amended its constitution. Van Gestel agreed, saying the Big East flouted its own rules when it created the harsher penalties.

''Whatever Boston College might have said about its state of discussions or its expressed acceptance of a $5 million, 27-month penalty, that did not impede the Big East's ability to correctly amend its Constitution,'' the judge said in his ruling.

''We are gratified that, after nearly a year of adverse and misleading public statements leveled against us, a respected judge has seen through to the actual merits of the case and has ruled in favor of Boston College,'' BC athletic director Gene DeFilippo said in a statement.

Big East commissioner Mike Tranghese said the conference was ''extremely disappointed'' in the decision was considering an appeal.



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PostPosted: Thu Aug 19, 2004 4:18 pm 
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What is interesting is that this was a summary judgement. The judge did not even take it to trial. That is a bad sign for the BE.


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PostPosted: Thu Aug 19, 2004 4:33 pm 
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Bullet, other than not getting the additional 4 million why is this a bad thing for the BE.

This does not change the law suit the BE has against BC and Miami with the state of Connecticut.

Maybe the Connecticut judges will show partiality to UConn like the Massachusetts judges did for BC.

This law suite is much more serious if the UConn can prove damages and its in the home state of UConn and home of ESPN.


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