Did the appeals court screw up? What next
http://www.latimes.com/news/local/la-me-koce25jun25,1,5618773.story
After reading that and stories in several other on-line resources, it seems to me that the issue that the appellate court cited about the district wanting to "filter out" televangelists is rather off-base.
The district violated the law by not selling to the highest bidder, the court said, 3-0.
Quoting the Times quoting the opinion by Presiding Judge David Sill: (that there was...) "a 'smoking gun' in the form of a 'statement by one of the district's sales brokers to the effect that the district's trustees were bound and determined from the beginning to 'filter out' any televangelists, whom the trustees foresaw would be making the highest bid."
Daystar was outbid, and its higher $40 million bid the day after bidding closed was just that, a day after bidding closed. Too late.
The $32 million bid by the Foundation minus the $4 million the district later cut from the deal ($28 million) is still $3 million more than the ($25 million) last bid Daystar offered before bidding closed.
If the terms outlined prior to bidding did not specify cash at closing, for example, then it seems to me that the district could do as they did as long as the final price remained more than Daystar's.
Maybe that's a little too logical?
Not having seen the actual opinion, it's not easy to see the finer points or nuances of how the appeals court applied California law.
Perhaps the district retakes ownership of the station and contracts with the Foundation to operate it... allowing the Foundation to honor its obligations with the folks who provided purchase money?
Or if legal, retakes ownership and transfers the station to the Foundation in some way that avoids legal problems and having to go to bid.
Ted.
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Edited by TedL on 06/29/05 11:09 PM.</FONT></P>