There’s a scene from one of the Bad Boys movies (you know, the ones with Martin Lawrence and Will Smith) where the two heroes banter with each other and Marcus starts talking about Mike’s body count and starts counting on his fingers…but then he’s all like “Oh damn I ran out.”
That scene was funny, but I can’t find a YouTube clip of it so you’ll just have to take my word for it. Or just go buy the movie, it’s awesome. The reason I think of that, though, is that I’ve lost count of all the times we’ve had to complain about the rooftops. I guess you can go through the tags and find all the stories of the negotiations, the Cubs saying “ah screw this” and starting their deals with the city and Landmarks Commission, and finally the lawsuit that was filed and all but dismissed. But man, did that get annoying! However, there might finally be as close to a resolution as we can get. From the Tribune:
Cubs’ attorney Andrew Kassof said team manager Joe Maddon asking his “5-year-old son to play shortstop” was more likely [than] foreclosure given the businesses’ finances.
Kassof, of Kirkland & Ellis, told U.S. District Judge Virginia Kendall that the two businesses, Skybox on Sheffield and Lakeview Baseball Club, are in position to “weather the storm” should the businesses face any financial duress after signs are installed. He described laborious foreclosure proceedings but also pointed to how the mortgage lender and borrower themselves both involve the business’ controlling owner, Edward McCarthy.
Kassof’s description came near the end of a seven-hour hearing for the rooftop businesses’ request for a preliminary injunction, which seeks to halt installation of the video board and any signs that would block their views into the historic ballpark.
Kendall did not rule Monday but promises to do so “as quickly as possible.” Monday’s discussion echoed an earlier hearing in which Kendall rejected the rooftops’ emergency request to stop the video-board installation.
You can read the rest of the article for more juicy details, and you should also check the Twitter timelines of Danny Ecker and Jared S. Hopkins for real-time reactions as the Cubs lawyers, in my amateur non-lawyer opinion, wiped the floor with the rooftops’ lawyer. While we’re slightly miffed that the judge will wait until tomorrow at the earliest to issue a decision, based on what Ecker and Hopkins reported in court today, there’s no way the rooftops are getting that injunction.
The Cubs’ lawyer had a strong position to spar from:
Cubs atty argues that ultimately, Cubs baseball is their own single product & they can’t legally be cited for monopolizing their own product
— Danny Ecker (@DannyEcker) March 23, 2015
Cubs atty hammering point that the video board isn’t specifically intended to block rooftops, so it’s OK under contract language. — Danny Ecker (@DannyEcker) March 23, 2015
The #Cubs lawyer says rooftops sell a “derivative” product — rooftops take Cubs game “change the angle and resell it”
— Jared S. Hopkins (@JaredSHopkins) March 23, 2015
You’ll also note from the story that the rooftops claiming that the Cubs will destroy their way of life are affiliated with a guy who is both the lender and the borrower (how does that even work?) so the Cubs’ lawyer actually used that to argue that the rooftops are capable of remaining solvent as the Wrigley video boards are put up. Considering that the scaffolding in left field is up now (see Wrigley Renovations blog for a gallery, as well as Hopkins’ Tribune story for additional pictures), although the left field video board isn’t an issue in the suit, the Cubs have shown no sign of slowing down. In fact, the only things really impacting construction at this point are the work hours restrictions, the weather and a sewage issue from last summer. This one was funny though:
Rooftop atty says rooftops never would have agreed to contract if all the Cubs needed to block their views was simple city/landmark permit.
— Danny Ecker (@DannyEcker) March 23, 2015
Are you kidding? You guys wrote the contract together! What do you think was gonna happen as soon as a semi-competent owner who gave a crap and who could afford a halfway decent lawyer came along? My goodness these people are dense.
Anyway, I guess we’ll find out what the judge says tomorrow, but I don’t think the Cubs are worried and we probably shouldn’t be either.