Friday, October 05, 2007

Its not over.

If the people of Fort Wayne don't want a downtown ballpark, it won't be built. HS supporters are insisting that it is a done deal to try to keep it from being an election issue. They imply that Hardball Capital might sue the city. Folks, in this country anybody can sue anyone over anything, it doesn't mean they'll collect. We cannot let an out-of-state corporation intimidate us. Our nation is not afraid to go to war for what is right, our city should not be afraid to go to court for what is right.

20 comments:

Anonymous said...

Are you that "Bob" guy who is on the signs?

Anonymous said...

Dangerous talk from someone who clearly does NOT understand contracts.

Comparing HS to the IRAQ WAR???

Give me a break.

Robert Enders said...

Anonymous, do you understand contracts? Please establish your credentials. I did take an couple law courses in college. A contract with an illegal clause is null, void, and unenforcable.

I was not comparing HS to the Iraq War or any other war. I was merely pointing out that if we have the courage for one, we should have the courage for another. The US government could save billions on defence if we agree to adopt sharia laws. This is no longer about money, its about self-determination.

Not All Contracts said...

Robert,

That is not always the case. In fact, in most contracts have the following statement or something similar is included:

"If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect."

Good Luck.

Robert Enders said...

The contract has a escape clause if the city can't get funding. The next mayor and council can say that there is no money available for the stadium because we need the money to upgrade the sewers and cover the police and fire pension fund.

not all contracts said...

If construction starts this fall, I cannot see any mayor or city council killing a project that is partially done. That would be worse than going through with it. Even Matt Kelty has said that now that HS is moving forward he will try to make it successful.

Robert Enders said...

He said he was going to try to make HS succeed. He said nothing about the ballpark. They've already started the demolition, but they won't start contruction on the ballpark or the hotel until after the election.

Anonymous said...

lay off guys, the man took a couple law classes.

Robert Enders said...

I invite all lawyers to double check my legal reasoning. It doesn't seem very hard to find a lawyer who agrees with you.

Anonymous said...

Robert,

The funding has been approved- it has been VERY well publicized. The BONDS will be issued FOR THIS PROJECT- you cannot say you cannot secure funding.

End of story.

Robert Enders said...

The city is obligated by the federal government to upgrade the sewers. The city also has an unfunded pension liability. The city promised these police officers over 30 years ago that they would get a pension. That takes precedence over anything else. Untill these are taken care of, not one dime should go towards a ballpark.

Fr. Fozy Bear said...

Especially since the one we already have just got paid off a couple of months ago

Fr. Fozy Bear said...

and in normal real estate that is called killing your equity

Anonymous said...

Robert,

The bonds are for a specific project- therefore you cannot make a claim that you "do not have the funding"...you do have the funding.

Yes, the city has obligations...just like EVERY CITY IN AMERICA.

Are you proposing to STOP DEVELOPMENT until all debts are paid? We can save MILLIONS each year if we quit fixing streets, sidewalks and curbs.

John B. Kalb said...

Anonymous - 9:12 PM - Since when has "fixing streets, sidewalks and curbs" been clasified as DEVELOPMENT? What we are talking about is senseless distruction of property for a stupid reason! Read the disclaimer in the Stadium agreement with Hardball: The city can declare, at only their opinion, that the financing does not meet their requirements - up to November 30, 2007. This would cancel this contract and Hardball would have no legal recourse to claim breach of same.
John B. Kalb

Ken Stocker said...

John,
And there is the problem. The cutoff date for unilaterally canceling the contract is Nov. 30, 2007. If I remember my civics lessons, the newly elected administration does not take office until Jan. 2008. I don't see any way this current administration is going to take any action to cancel Hardball's contract. After this date, this legal option closes, and another avenue will be required to stop this thing. The illegal initiation of the whole process is the only basis I can see. Does anyone know of other possible avenues?
Ken Stocker

John B. Kalb said...

Ken - Yes - We go to court with the charge that the acquisition of the properties, all of them that were paid for prior to the plan commissions approving order(April 23,2007) and the City Council approval of the AmendmentII to the Jefferson Illinois Road EDA (April25, 2007), were all illegally acquired. Secondly, we charge that the purchase of five (5) of the properties using the TIF money from AmendmentI of the same EDA, was also illegal.
We ask the judge to issue a temporary restraining order to halt all H.S. activity until this suit is resolved.

Stay tuned! John B. Kalb

Anonymous said...

John, do you have your millions of dollars of bond money ready to post? Fat lady is sining Mr. Kalb

John B. Kalb said...

Anonymous 6:15 AM - I know the "fat lady" (AKA - City of Fort Wayne Administration) has been sinning on this issue for some time - about a year to be exact. No bond will be required since this suit will be about illegal activities - not a protest of the extension of an EDA.
John B. Kalb

Anonymous said...

John, you remind me of the coyote that use to chase the roadrunner in the cartoons.