Thursday, July 30, 2009

GGYC sends SNG letter on the issue of the 33rd America's Cup venue

Related PDF files- Letter from GGYC to SNG, dated 28 July 2009

Mr. Fred Meyer
Chairman, SNG America’s Cup Commitee
Société Nautique de Genève
Port Noir
CH-1223 Colgny

Dear Vice Commodore Meyer,

We note that Mr Ostrager's most recent letter to the court is published on your website.

The purpose of this letter is to put you on notice, yet again, that if you unilaterally select a Northern Hemisphere venue other than Valencia we intend to defend our rights under the Deed and the Order and Judgment of the Court of Appeals. This position has been consistently reiterated to you through correspondence (as recently as July 8, 2009) and public statements. A copy of our July 8th letter, which sets out the substantive basis for our position, is attached to this letter for your reference.

Appropriately, Justice Kornreich's May decision did no more than enforce the Court of Appeals Order and Judgment and Deed which when read together can only mean that consent by GGYC is required for any Northern Hemisphere venue other than Valencia, for a February race. Any other reading of the Deed and Order would result in incongruous and absurd consequences.

It is ironic that just two months ago in your May 11th court papers you agreed with our position, stating that "The Deed of Gift unambiguously prohibits sailing a match between November 1 and May 1 in the Northern Hemisphere... There is nothing in the Order that suggests that a race should be held in contravention of the terms of the Deed of Gift."

You may of course choose a Southern Hemisphere venue of your choosing for a February race.

If you would like to choose an alternative Northern Hemisphere venue, we are more than willing to discuss proposed venues with you. Absent that, we look forward to your announcement on August 6th of either a Southern Hemisphere venue or Valencia as the venue for the 33rd America's Cup.


Marcus Young

cc: Ernesto Bertarelli, Team Alinghi
Brad Butterworth, Team Alinghi
Russell Coutts, BMW Oracle Racing
Tom Ehman, BMW Oracle Racing
Larry Ellison, BMW Oracle Racing

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At 8:06 PM, Anonymous Norberto said...

PIN SPIN SPIN again, the same old rehashed stuff over again. Think of something new, you BOR idiots, or simply come and sail on the water, instead of makes more court threats

At 8:25 PM, Anonymous Anonymous said...

8:06 - spin only exists as SNG continues to not get it & tries to play with the Deed & the courts order. Just like CNEV, SNG wants a different set of rules for them than everyone else.

Oophs the above sounds like the 33 ACP they tried to buy everyone signature on & the plain as day pressure on the 32nd AC Judges to look the other way, ie: main halyard & etc

Btw it was just announced the Judge has completed her 10-12 page decision & has called for a Supreme Trial between the parties for Aug 10th at the NYSC.

Will be interesting to say the least......

At 8:35 PM, Anonymous WetHog said...

Think of something new? Just like Alinghi's constant line of "Can't win on the water", this appears to be BMWO's standard operating procedure. Both sides have been steady in their bullshit for 2 years now Norbert..........o.

At 8:51 PM, Anonymous Anonymous said...

What do you mean? Alinghi keeps SPINning the bottle and wanting to control where it stops in secret. How the heck is that sportsman like!!!

It is unfortunate, but it seems that jockeying for the start extends to pre-race strategy in every respect - in and out of court. The sport suffers.

At 12:01 AM, Anonymous Anonymous said...

How nice would it be for Bo to have the rights of the defender! there's only a little problem first they should try to get the cup on the water ! if they cant it's because the rules are to unfair.

As you said the court decisions will be intersting, or at least should be, btw what is BO's merit I mean on the water ? they never reached the final even with RC in th LVPS where they loose 3-0 against Alinghi !!!

If they have any sense of modesty they should shut-up and sail

At 7:26 PM, Anonymous Anonymous said...

12:01 AM - typical Alinghi idiot that doesn't understand the whole reason we are here is because Alinghi cheated on the land 1st with creating CNEV. Hence that is why we are in the courts. The constant repeat of settle it on the land just shows how brain washed or stupid you are.

If SNG would do as others have done with the Deed & go Mutual Consent, The Cup would get out of the courts. This is all about control & it's going to be at the expense of The Cup as many will not let 1 person control The Cup or let The Cup be the domain of some F1 bs or a yearly paycheck for a bunch of progessionals.

At 11:48 AM, Anonymous Anonymous said...

typical tattoed Borite

The CNEV has been heavily
"promoted" by the Borites as a lever for BO to access the final, but the deed does not say anything that prohibits new club, not having had their annual regatta as long as they do it on an annual basis on the sea or an arm of the sea !

The fact that all other teams (regular challengers) agreed on the revised protocol doesn't matter at all to BO and Ehmann who's known for issuing very fair protocols !!!

Surely BO wants to outspend every other team within a "fair" protocol, but there is only a little problem, first they really have to win on the water and stop playing the Don Quichotte.

How funny it is to read thing's like Alinghi shall do like other's did (like Ehmann in the mercury bay may be ?) the cup would get off the court. That statement really show's your knowledge on AC history ! so FONB


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