Thanks T&H for your detailed breakdown of the situation. I especially appreciate your self-disclosures/disclaimers on your degrees of unfamiliarity/familiarity with the various processes involved, and in consideration of the fact you work in CA, not FL or NC. It will be interesting to see how the issue of the ACC members’ votes (i.e. the lack of a vote) on whether to file the initial lawsuit is resolved. Dominoes could quickly fall once that’s determined, I imagine.
On subject matter jurisdiction, the ACC did not vote on a matter that was indisputably material. A half billion dollars isn’t material? They did take a vote three weeks later which confirms that they knew they needed one. That “vote” was never confirmed (which ten schools by name voted for it) which would be required to affirm the that they did have, in fact, ten votes. And the conference in violation of their own rules did not contact every member in good standing. That could/would be grounds to negate the vote. Further, the judge allowed the “vote” (in parentheses because it has never been confirmed) to be applied retroactively. Now let me directly quote NC law on that issue, “Subsequent events cannot confer standing retroactively”. There are no exceptions noted in the law. Explain how a court in the state of North Carolina can blatantly deny the law in North Carolina? The ACC had no standing when they filed. Period. None. Zero. Zip. Zilch. Nada. If the NCSC doesn’t overrule on this issue alone then it is remiss and subject to be overturned at the federal level.
Draft copy of FSU lawsuit……
Quite obviously, the ACC had been working secretly on the case for months and had it completed before the ACC had a copy of FSU’s suit as the ACC had no idea of when FSU would file so they had to be prepared ahead of time. When FSU finally did file, all the ACC had to do was file their own lawsuit, which was complete and ready to file. Or are you saying that the ACC received FSU’s lawsuit on Thursday morning and worked feverishly for six hours to file their own at 4:55pm that day? Well, that would save a bunch on legal fees.
Cartoonishly refer to the North Carolina dispute as the North Carolina Takings Case…
The ACC, a private entity located in another state in a court in that state, is claiming rights (property) to something located in the state of Florida and owned by the state of Florida. That would rightfully be described as a taking. The state of Florida is stating that a private entity can file such a suit but it must be in a court located in the state where the property is located. Outlandish? Really? If it involves public property, isn’t that a matter to be tried in the state where the property is located?
All of this stuff makes me glad I decided NOT to do law. Holy moly.
Thanks T&H for your detailed breakdown of the situation. I especially appreciate your self-disclosures/disclaimers on your degrees of unfamiliarity/familiarity with the various processes involved, and in consideration of the fact you work in CA, not FL or NC. It will be interesting to see how the issue of the ACC members’ votes (i.e. the lack of a vote) on whether to file the initial lawsuit is resolved. Dominoes could quickly fall once that’s determined, I imagine.
Random comments……
On subject matter jurisdiction, the ACC did not vote on a matter that was indisputably material. A half billion dollars isn’t material? They did take a vote three weeks later which confirms that they knew they needed one. That “vote” was never confirmed (which ten schools by name voted for it) which would be required to affirm the that they did have, in fact, ten votes. And the conference in violation of their own rules did not contact every member in good standing. That could/would be grounds to negate the vote. Further, the judge allowed the “vote” (in parentheses because it has never been confirmed) to be applied retroactively. Now let me directly quote NC law on that issue, “Subsequent events cannot confer standing retroactively”. There are no exceptions noted in the law. Explain how a court in the state of North Carolina can blatantly deny the law in North Carolina? The ACC had no standing when they filed. Period. None. Zero. Zip. Zilch. Nada. If the NCSC doesn’t overrule on this issue alone then it is remiss and subject to be overturned at the federal level.
Draft copy of FSU lawsuit……
Quite obviously, the ACC had been working secretly on the case for months and had it completed before the ACC had a copy of FSU’s suit as the ACC had no idea of when FSU would file so they had to be prepared ahead of time. When FSU finally did file, all the ACC had to do was file their own lawsuit, which was complete and ready to file. Or are you saying that the ACC received FSU’s lawsuit on Thursday morning and worked feverishly for six hours to file their own at 4:55pm that day? Well, that would save a bunch on legal fees.
Cartoonishly refer to the North Carolina dispute as the North Carolina Takings Case…
The ACC, a private entity located in another state in a court in that state, is claiming rights (property) to something located in the state of Florida and owned by the state of Florida. That would rightfully be described as a taking. The state of Florida is stating that a private entity can file such a suit but it must be in a court located in the state where the property is located. Outlandish? Really? If it involves public property, isn’t that a matter to be tried in the state where the property is located?