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Urgent Update: Connecticut Sun Sale Faces WNBA Pushback, Legal Threats

UPDATE: The sale of the Connecticut Sun is in jeopardy as the WNBA has pushed back against potential moves to Boston or Hartford, complicating negotiations. This development raises the possibility of a legal challenge from the current ownership or potential buyers, including former Boston Celtics co-owner Steve Pagliuca and former Milwaukee Bucks co-owner Marc Lasry.

In July 2023, the Mohegan Tribe, which has owned the Sun since 2003, received two offers for the team: $325 million from Pagliuca’s group and a matching bid from Lasry’s Hartford-based team. However, the WNBA has reportedly informed the Tribe that their Board of Governors would not approve a relocation to either city, leading to speculation about possible litigation.

Historically, sports leagues have faced legal challenges over relocation decisions. One notable case involved Al Davis, who successfully sued the NFL in 1982. His argument centered on antitrust laws, claiming the league’s refusal to allow his team to relocate violated the Sherman Act. However, the Sun’s situation differs, as they are not attempting to enter a market with an existing WNBA team, making a similar case less likely to succeed.

Current discussions indicate that if the WNBA continues to block the sale at fair market value, the Mohegan Tribe could argue a breach of the implied covenant of good faith and fair dealing in their membership agreement. This legal principle requires parties to honor the spirit of their agreements without undermining each other’s interests.

The Tribe’s original agreement with Pagliuca included a plan for a dedicated practice facility, valued at an additional $100 million, which could enhance the franchise’s value. Meanwhile, the WNBA proposed its own $250 million counteroffer, suggesting a sale and relocation to a city of its choosing, leaving the Tribe facing a complicated decision.

Notably, Tilman Feritta, owner of the Houston Rockets, is rumored to be the WNBA’s preferred buyer, having previously submitted an unsuccessful expansion bid. The league has prioritized cities that submitted expansion requests over Boston, which may impact future negotiations.

Connecticut Governor Ned Lamont is actively lobbying on behalf of the Hartford bid, arguing that keeping the Sun in-state is vital for local fans and the league’s integrity. He believes Hartford’s proposal could significantly benefit the franchise’s value.

Legal experts suggest that while tensions are high, a resolution is likely to be reached amicably without resorting to litigation. Bill Dowling, former general counsel for the Yankees, stated, “I think Hartford is in a good position… if their offer is accepted, it would increase the value of all franchises in the league.”

As discussions continue, the Mohegan Tribe is set to present multiple proposals to the WNBA in the coming weeks. This includes an option for the league to purchase the franchise by matching the $325 million offers—a move that could reshape the future of women’s professional basketball in Connecticut.

Stay tuned for further updates as this situation develops. The stakes are high for the Sun, their fans, and the WNBA, making this an unfolding story to watch closely.

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