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Bennett moves to dismiss Fan's lawsuit

Lastly, Percy Allen of the Seattle Times finally got around to writing something about the Fan's lawsuit HERE!

In a motion filed Thursday, attorneys for Clay Bennett asked U.S. District Court Judge Richard Jones for summary judgment regarding a claim for injunctive relief in a class-action lawsuit.

Sonics fans Robert Brotherson, Patrick Sheehy and Carolyn Bechtel filed the suit in November, claiming the Professional Basketball Club misled fans into purchasing tickets for the 2007-08 season on the premise the team would play two additional seasons in Seattle. The plaintiffs cite what they describe as a deceptive marketing plan and charge that PBC breached its contract when it failed to honor promises and moved the team.

Part of the proposed remedy would force the team to play games at KeyArena through 2010.

In Thursday's motion, Bennett's attorney Steven Minson said the plaintiffs have a "fatal misunderstanding of the rights of a ticketholder."

Tickets are revocable licenses, according to the motion, and when the Sonics moved "any hope that plaintiffs could renew their season tickets left with them."

Minson said there's no precedent for the fans' claim and the only remedy is monetary relief.

"Neither the City of Seattle nor the NBA are parties here, but plaintiffs claim a right to have this Court drag the team and the NBA back for two more years of games plaintiffs don't intend to buy tickets for, or attend, at a venue the team no longer has a right to use," he wrote in the motion. "This is absurd. No such contract right exists, and plaintiffs' claim for injunctive relief must be dismissed."

Attorneys for the fans must respond by Aug. 18, and the defendant can reply no later than Aug. 22. Jones has 30 days to rule on the summary judgment request after Aug. 22