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Wednesday, November 28
 
Minn. court's decision could impact contraction

Associated Press

ST. PAUL, Minn. -- Baseball's contraction plans could hinge on the Minnesota Supreme Court's willingness to hear an appeal out of turn.

The state attorney general and the landlord for the Minnesota Twins asked the high court Wednesday to deny a quick appeal of a judge's order that forces the team to play next year.

A delay might mean that baseball would not have time to go ahead with its plans to eliminate two teams before the start of spring training in February.

The state and stadium officials oppose a request from commissioner Bud Selig and the Twins to bypass the state Court of Appeals and obtain an emergency hearing by Dec. 7 on the injunction.

Three of the seven justices must agree for the high court to speed up a case. No requests for accelerated reviews have been granted in the last three years.

"The extraordinary procedure of accelerated review is unwarranted," Minnesota Attorney General Mike Hatch said in papers filed with the court. "The district court acted well within its discretion."

In case the request is declined, the Twins and baseball have asked for an expedited hearing in the state Court of Appeals, which generally takes 6-to-8 months to rule.

"The District Court, without any analysis or explanation, has ordered teams from around the country (and Canada) to send baseball players to Minnesota to perform baseball," the Twins and the commissioner's office said in a 36-page brief filed with the Court of Appeals on Thursday. "There is no authority for such an extraordinary act and it constitutes an abuse of discretion."

Hennepin County District Judge Harry Seymour Crump issued the injunction Nov. 16, 10 days after owners voted to fold two franchises. Although the teams haven't been picked, the Twins and the Montreal Expos are the likely targets.

The Twins and baseball argued in their papers to the Supreme Court last week that "the district court departed significantly from established precedent and the usual course of justice."

They contend any breach in the team's lease can be made up later with money damages. The Metropolitan Sports Facilities Commission, which operates the Metrodome, claims that the Twins' lease requires them to play in the ballpark next year and their absence would be felt in more than lost stadium revenue.

"The Minnesota Twins are a private business; they are not owned by the people of Minnesota nor the MSFC," the team said Thursday in its brief. "They are not a `community asset' but a business that in the past has lost money for its owners."

Meanwhile, lawyers for players and owners met with arbitrator Shyam Das, and the sides agreed to two days of hearings on the union's grievance over contraction.

The hearing begins next Tuesday in Irving, Texas, where the executive board of the players' association is scheduled to hold its annual meeting. It shifts to New York for four consecutive days of testimony starting Dec. 10.

Union lawyer Michael Weiner said the sides agreed to additional hearing dates in December if they are needed.

Das "presided over the discussion" Weiner said, and the lawyers "with his assistance set the schedule."

Players claim the vote by owners to eliminate two teams violated their labor contract, which expired the following day but remains in effect.

Selig says baseball must eliminate low-revenue teams who haven't been given new ballparks.

A Minnesota task force looking at plans for new pro baseball and football stadiums expects to hear Thursday about several proposals, including a new ballpark plan by the outgoing and incoming mayors of St. Paul.

Private sources would pay half and the public's share would come from game-day parking receipts and a 3 percent tax on bar and restaurant sales. Twins president Jerry Bell also is expected to testify.

Minnesota Gov. Jesse Ventura said Wednesday that adding surtaxes on top of existing stadium-related sales taxes would be an acceptable way to fund the public's share of a new stadium.

But Ventura said he would oppose using existing taxes on ticket sales or concession sales or the income taxes generated by players. That money now flows to the state's general fund.

U.S. Sen. Mark Dayton, a Minnesota Democrat, called for a public opinion poll to determine statewide support for a ballpark.

In a letter to the public, Dayton did not specify a stadium funding plan but said it should involve public revenue bonds backed entirely by stadium-generated revenue.

The possible loss of the Twins will put more pressure on legislators if they're asked to vote on a plan next session, House Majority Leader Tim Pawlenty said.

Pawlenty, a Republican running for governor, said people are of two minds about the team.

"They'd love to have the Twins stay here, they just don't want to pay for it," he said. "I'd love to have the Twins to stay here, but I haven't been in favor of subsidizing sports."




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