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FUN LOSES IN ATTEMPT TO DELAY/STOP STADIUM


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QUOTE ...The owners of Great America are urging Santa Clara's city council to hold off voting on a deal to build a stadium for the 49ers on the theme park's parking lot.

In a letter to Mayor Patricia Mahan delivered hours ahead of tonight's pivotal city council meeting, lawyers representing the park's owner, Cedar Fair, say the city should delay any vote for a month or reject the plan to build a $937 million stadium because it doesn't address the park's concerns about parking and other potential financial losses.

Cedar Fair has said the stadium would damage Great America's revenue on game days and has demanded to be compensated by the team. Sources familiar with the talks have said the 49ers had discussed paying the company more than $1 million a year to close Great America on game days....

Registration or http://www.bugmenot.com may be required:

http://www.mercurynews.com/sports/ci_12502860

See also:

http://www.nbcbayarea.com/sports/football/...49ers-Move.html

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And Cedar Fair was not able to delay the vote. A referendum is scheduled, probably for March 2010:

....Cedar Fair of Sandusky, Ohio, has been negotiating to sell the sprawling thrill-ride park which is next to the proposed stadium site to the 49ers. An attorney representing the park owners, John Hickey of Hoge, Fenton, Jones & Appel Inc., asked for a delay on the decision. “We want to reach an agreement (to sell the park), but while you have been working on the term sheet for months, we and members of the public have only had two business days to read this complex document.”

Hickey said he was surprised at earlier comments made by Jennifer Sparacino, Santa Clara’s City Manager, that he regarded as overly optimistic about the closeness of an agreement between Cedar Fair and the 49ers to sell the park....

http://www.bizjournals.com/sanfrancisco/st...01/daily34.html

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[California's] Great America Owner Could Sue Over Stadium:

http://www.sportsbusinessdaily.com/index.c...rticleID=130700

SAN JOSE, Calif. (KCBS) -- The owners of the Great America theme park are threatening to sue if parking lot concerns for the new stadium are not addressed.

The threat of legal action comes after Attorney John Hickey, who represents Cedar Fair, tried unsuccessfully to get the Santa Clara City Council to delay their vote last Tuesday in approving the financing deal for the new stadium.

“This is a massive project… and I think it makes sense to make sure that the decision that’s being made is a decision that’s being made with all the best information for the public to have,” said Hickey.

Former Santa Clara Vice Mayor Lisa Gilmore, who now heads a committee that promotes the development of the stadium, says it was unreasonable for Cedar Fair to come in at the eleventh hour and ask for a two-week delay.

“Cedar Fair has had several years to work with the city and the 49ers to come up with a solution to the issues at hand,” said Gilmore....

http://www.kcbs.com/pages/4536975.php?

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  • 1 year later...

FUN loses on appeal, too:

...The trial court assumed, without deciding, that the petition for writ of mandate was timely filed but then determined that the term sheet did not constitute a project or a project approval and, therefore, preparation of an EIR was not required....

...Since Cedar Fair's petition did not show it was entitled to extraordinary writ relief and since Cedar Fair did not demonstrate any reasonable possibility that the petition could be amended to render it legally sufficient, the trial court properly sustained the demurrer without leave to amend.

http://www.leagle.co...LWAR3-2007-CURR

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Well, they can't buy the land. Just the equipment and buildings on the site. It sure seems like the city of Santa Clara is not being very fair to Cedar Fair. I mean if you are leasing property from someone, and they want to take some of your leased property from you withouut changing your terms, then you would be upset. Sure seems like that is what Santa Clara is trying to do.

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  • 3 weeks later...

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