seattle arenas

Lawsuits in Seattle give Sacramento head start in race to approve an arena

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The question of which city, Sacramento or Seattle, is ahead in the race to bring the NBA a brand new arena attached to a shiny new public subsidy is unclear at this time, but sources with intimate knowledge of the situation tell PBT that so long as Sacramento Mayor Kevin Johnson delivers on his promises that Sacramento will be ahead in that process.

A lot of that comes down where each city is legally within that process, and how that process is conducted in both Washington and California.

While some early media reports might have led folks to believe that Chris Hansen’s arena deal (and offer to buy the team) were a slam dunk, the documents laying out the framework of his arena proposal are under siege.

Specifically, the Memorandum of Understanding (MOU) and Interlocal Agreement (IA) he entered into with the city of Seattle and King County have been under intense scrutiny locally, as they are currently the target of two lawsuits.  The first of those lawsuits is potentially being decided today at 1:30 PT.

The first suit brought by the International Longshoreman’s Workers Union challenges the site selection process within Washington’s Environment Impact Review (EIR) process, saying that Hansen and the local government conducted a “sham” site review process that did not provide reasonable, actionable alternatives other than Hansen’s hand-picked site.

That site, located in Seattle’s SODO district, has been the battleground of competing arguments regarding traffic and how it might impact Port of Seattle’s operations, and otherwise cause gentrification, loss of business in the area, and impact a large number of family-wage jobs in exchange for temporary construction jobs and a smaller number of low-paying arena jobs.

Arena proponents point out that most of the events at the proposed SODO site would occur after the Port’s business hours. Arena opponents say that the cumulative impact of creating a third large-scale sports and entertainment facility within their maritime industrial area, with an L.A. Live-like experience of retail outlets and restaurants, will necessarily bring more traffic to the region regardless of hour and disrupt Port operations.

These kinds of lawsuits are standard fare in any large-scale development project nationally right now, but they can have impacts on developments. In this case, opponents of the current MOU and EIR process point out that it could take “hundreds of millions of dollars” to mitigate the traffic issues a new arena would face, according to head lawyer for the ILWU suit Peter Goldman.

Hansen has offered $40 million to address traffic mitigation concerns, but in reality the question of who pays what for additional mitigation has yet to be solved because the EIR has yet to address the issue. Should Hansen have to pay for additional mitigation, it could further strap him and his group as it relates to their overall offer for the Kings, but the fear for locals is that the money would have to come from the public coffers.

The ILWU’s suit alleges a number of concerns relating to the site selection process, and asks the court to force Hansen and the local government to declare the MOU and IA “null and void” because they are in violation of the State Environmental Policy Act (SEPA).

It is unclear whether or not this would impact Hansen and the local government’s warranties to the NBA about its current arena situation.

(UPDATE: The judge ruled in favor of Hansen, Seattle, and King county and dismissed the lawsuit.  Hansen and governmental officials argued they did not have an arena agreement in place and that they would look at other locations.)

Goldman said that this suit was “preliminary,” and cited the broad swath of industry that is opposing the arena proposal in its current form. He pointed out that there will be more times for lawsuits to be filed down the road, but that he and his client were concerned that the site selection process wasn’t being conducted according to current state laws.

The second lawsuit relates to Seattle’s in-force Initiative 91 and the contention by its co-author Mark Baerwaldt that the current MOU does not meet the law’s criteria.

Baerwaldt is careful to point out that the courts would decide the matter. His complaints focus on the financing mechanisms that Hansen and the local government are using to meet the statute’s definition of turning a profit on public subsidies for sports arenas. This lawsuit is awaiting response from Hansen, Seattle, and King County.

I-91’s other co-author, Chris Van Dyk, has also been at the center of this discussion, being cited by many Seattle media outlets as being supportive of Hansen and Seattle’s MOU. He addressed those reports exclusively with PBT, saying he “never said it was compliant” and that “if he’s the best cheerleader (Hansen and Seattle) can come up with then they’re in trouble.”

Van Dyk also offered that “he’s looking forward to hearing the expert testimony,” because he didn’t think “I-91 anticipated meeting the type of funding mechanism that Hansen has presented.”

Whether or not the Longshoreman’s suit goes in favor of the plaintiff or Hansen and Seattle, Goldman says to expect more legal resistance down the road.  If they win, Hansen and Seattle has to start over with their MOU and come to the table with alternative sites that they may not like.  Then the city would have to choose between the site that Hansen wants, and a potential site that presents better alternatives in terms of environmental concerns and traffic.

If they lose today, he says that there is a “significant appetite” not just by his clients but a broad swath of industry including the Port of Seattle to appeal the decision and fight the EIR process at every stage. All of the potential delays and injunctions were reflected when David Stern told Jonathan Feigen of the Houston Chronicle that the NBA had “no approved plan for an arena in Seattle.”

Therein lies the rub for the Seattle group. While they seek to convince the BOG that they have an actionable arena plan, they are arguing in court that their MOU and IA just lay out a process for reviewing and financing an arena proposal and do not constitute an ‘action’ under state EIR laws. Therefore, they contend that the Longshoreman’s suit is not “ripe” and are asking for it to be thrown out.

Sources with intimate knowledge of the situation tell PBT that this is a tightrope that the Seattle group can walk, and Scott Howard Cooper of NBA.com illustrated that point by saying the league isn’t overly concerned with legal issues in either Seattle or Sacramento, but the question goes back to points made by TNT’s David Aldridge about which city can get an arena deal done first.

Aldridge, who had previously reported Seattle had a “clear path” to obtaining the Kings, said on Saturday “there are questions about whether or not the Seattle deal is as airtight as they say it is.”

After Stern’s press conference on Saturday Aldridge elaborated, “We have very equal bids here. What it comes down to is the feel the owners have on ownership groups, and which arena can be built the fastest.”

The EIR process in Seattle is underway, but with two lawsuits pending and only the judges in both suits being capable of delivering an up-or-down answer to the litany of issues presented, the uncertainty over what type of delays Seattle could face and what type of mitigation will be needed to preserve other parties’ rights are huge question marks.

On the other side, it’s Johnson’s track record of delivering on promises to the NBA that has insiders optimistic about Sacramento’s chances of delivering that ‘fair and competitive’ offer that will include a significant public subsidy and downtown arena.

That effort has been underway for a while now, as the NBA negotiated the current arena deal that the Maloofs backed out of, a deal that Johnson and Sacramento have maintained is still on the table.

Additionally, proposed arena locations in Sacramento aren’t likely to have the same types of blowback being faced in Seattle, where their sizable maritime industrial economy feels threatened by Hansen’s proposal.

One source with intimate knowledge of the situation speaking to PBT under conditions of anonymity spoke about Sacramento’s pair of proposed locations:

“Both potential Sacramento sites are complimentary to the existing downtown commercial uses, and unlike the fight in Seattle the downtown proposals are being welcomed as a revitalization project. Both are efficient reuses of developed property, and both sites qualify under the expedited state AB 900 CEQA process, which limits the delay from any potential lawsuits. Having already approved a deal structure a year ago with no lawsuits filed, Sacramento has a big advantage to deliver a timely arena facility.”

That AB 900 CEQA process is an interesting wrinkle to Sacramento’s effort to keep their team, as the bill creating that process was recently signed into law and co-authored by Think Big Sacramento supporter and California Senate President pro Tem Dan Steinberg. According to law firm Stoel and Rives:

“The (bill provides) an incentive for applicants to move forward with their projects because any challenge to a leadership project Environmental Impact Report (“EIR”) under the California Environmental Quality Act (“CEQA”) will be venued immediately in the Court of Appeal. The court will then have a maximum of 175 days to issue its decision on the challenged EIR”

Incidentally, the bill was passed in part to help facilitate the potential Farmer’s Field deal to bring NFL football back to L.A. The company driving that proposal is AEG, who is supporting Sacramento’s bid and being pursued for purchase by Ron Burkle, who is one of the ‘whales’ that reportedly stands behind Sacramento’s offer.

“It’s time for big thinking and big projects that put Californians back to work,” said California Governor Brown. “Projects like Farmers Field can create thousands of jobs during a tough economic time, so it is imperative for the state to cut the red tape that could delay projects like this for years. These bills strike the right balance between protecting our environment and kick-starting jobs and investment in California.”

Sources say NBA owners will be weighing the totality of the arena timelines for both sides, and in Seattle’s case how many years a potential Sonics team will have to play at Key Arena, a facility deemed by the NBA to not meet its standards when the Sonics left for Oklahoma City in 2008.

Hansen’s current plan calls for a potential Sonics team to play in Key Arena (with modest improvements) for as little as two years, while arena opponents believe that timeframe could be extended to as many as four years if lawsuits hold up the process. While Sacramento could face similar lawsuits, they didn’t face any during the 2011 arena deal, and the expedited review process and potential for less environmental concerns at the city’s proposed sites have sources pointing at the issue as a point in favor of Kevin Johnson’s expected proposal.

While Seattle’s lawsuits aren’t likely to be the defining factor in this saga – Sacramento’s production of an actionable offer will be that factor –the fact that the Emerald City can’t say with certainly how long they’ll be locked up at Key Arena could be the starting point for their bid to take the Kings to unravel.

Stephen Curry attacks rim, makes defensive plays, lifts Warriors to 120-111 win

OAKLAND, CA - MAY 26:  Stephen Curry #30 of the Golden State Warriors reacts to a score against the Oklahoma City Thunder during Game Five of the Western Conference Finals during the 2016 NBA Playoffs at ORACLE Arena on May 26, 2016 in Oakland, California.  (Photo by Ezra Shaw/Getty Images)
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Stephen Curry wasn’t hitting threes like the video-game version of himself (the one we have come to expect), so he attacked the rim and made plays in the paint. The result was 31 points on 20 shots — and he set the tone for the Warriors all night.

Not just on offense, Curry had a key steal plus blocked a Kevin Durant shot late — highlighting an improved Warriors defense.

“I thought he looked like 91 percent,” Warriors coach Steve Kerr joked about Curry after the game (referencing the report Curry is just 70 percent healthy).

Curry played better than he had since Game 2 — so did Draymond Green, who had some offensive struggles but played the defense we know. The Warriors also got 27 points from Klay Thompson, and 15 points plus a lot great play in the paint from Andrew Bogut allowing the Warriors to stay with bigger lineups. Also, with Golden State attacking the rim, they got to the free throw line 34 times.

The result of all of it was a 120-111 Golden State win at home in Game 5, making the series 3-2.

Now the biggest test of the season comes for the Warriors — they will need to play better than this Saturday on the road in Oklahoma City to force a Game 7.

“We played with great energy, we played with great desperation, that’s the way you have to play in the playoffs,” Kerr said. “We were out of sorts the last two games, and we looked more like ourselves.”

The best way to describe Curry’s night was “good enough.” Credit to him attacking when his threes were not falling, look at his shot chart on the night.

Curry Game 5 shot chart

The Warriors also took the Thunder out of what had been successful for them the past couple games — OKC had just 15 fast break points (compared to 28 for the Warriors), the Warriors were +18 on points in the paint, and the Warriors outrebounded the Thunder on the night. The Warriors didn’t overthink thier defense on the Thunder in this one, they just did a better job of executing switches and, thanks to Bogut, taking away easy buckets inside.

Russell Westbrook and OKC struggled out of the gate — as a team, they shot 8-of-28 in the first quarter and at one point Westbrook missed 10 shots in a row. The Warriors were not hot with their typical shots — 2-of-10 from three — but they were getting to the rim and finishing better inside, which got them a lead in a game where Oracle Arena is rocking.

Steve Kerr did not dramatically change what had worked so well for Golden State all season, counting on his team to just be better — and it was, they outscored the Thunder small-ball lineup 20-15 in the first half (after being destroyed by it in the previous two games). The Thunder hung around in the second thanks to mid-range jumpers (5-of-7 in the second, plus 3-of-5 from three). But the Thunder did not get the same lift from their stars, Kevin Durant had 15 first half points on 15 shots, Westbrook had 13 on 14 shots (but still had six assists). Golden State led 58-50 at the half.

The Thunder opened the second half on a 9-2 run and things yo-yoed between tied and a small Warrior lead for much of the second half, until the Golden State’s bench pushed the lead into double digits again late in the third and early in the fourth. That lead held until the six-minute mark in the fourth quarter, when the Thunder went on an 8-0 run fueled by some sloppy Warriors turnovers.

But the Warriors showed more poise than they have in the past few games, holding on for the win, making plays at the end when they needed to.

Now, can they do that and better on the road?

Draymond Green banks in shot from logo after whistle (video)

OAKLAND, CA - MAY 26:  Draymond Green #23 of the Golden State Warriors warms up prior to Game Five of the Western Conference Finals against the Oklahoma City Thunder during the 2016 NBA Playoffs at ORACLE Arena on May 26, 2016 in Oakland, California.  (Photo by Thearon W. Henderson/Getty Images)
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Draymond Green missed both his 3-pointers prior, but he made this.

Unfortunately for the Warriors, it didn’t count because it came after a whistle (that few heard over the loud Golden State fans).

Stephen Curry sunk a 3-pointer later in the possession. That one counted.

Report: Khloe Kardashian files for divorce from Lamar Odom

Khloe Kardashian Odom, Lamar Odom
AP Photo/Evan Agostini
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1. Khloe Kardashian filed for divorce from Lamar Odom.

2. With Odom facing health problems after a drug overdose, they rescinded the filing.

3. Odom reportedly continued drinking, frustrating Kardashian.

Associated Press:

Court records in Los Angeles show Kardashian filed for divorce Thursday, citing irreconcilable differences.

AP Source: Wizards’ Markieff Morris detained at Philadelphia Airport

WASHINGTON, DC - FEBRUARY 19: Markieff Morris #5 of the Washington Wizards runs on the floor against the Detroit Pistons in the first half at Verizon Center on February 19, 2016 in Washington, DC.  NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement.  (Photo by Rob Carr/Getty Images)
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WASHINGTON (AP) — A person familiar with the situation says Washington Wizards forward Markieff Morris was detained at Philadelphia International Airport and then released.

The person spoke to The Associated Press on condition of anonymity Thursday because Morris was not charged. The person did not specify why Morris was detained.

The Wizards said in a statement they “spoke with Markieff earlier today and will continue to gather more details.”

Tinicum Township Police and Morris’ lawyer did not immediately respond to messages seeking comment.

The 26-year-old Morris is from Philadelphia. The Wizards acquired him from the Phoenix Suns at the NBA trade deadline.

Morris and twin brother Marcus, a forward for the Detroit Pistons, were indicted by an Arizona grand jury last year on felony aggravated assault charges for allegedly beating a man outside a Phoenix recreation center. The case is still pending.

According to a Phoenix police report, Erik Hood said five people including the Morris brothers repeatedly punched and kicked him. All five then left the area in a Rolls-Royce Phantom as bystanders began to appear. Police say it is alleged that Hood was assaulted for sending an inappropriate text message to the Morris brothers’ mother.