Quote:
Originally Posted by dissentowner
Thank you for proving my point. This was the whole Hamilton fiasco where the owner was not in place for 7 years.
Regardless of what a bureau says it is quite clear that is Melnyk wanted to butt heads with Bettman and go to court he has been an owner for over 7 years and
courts in other such cases. Chances are it is never happening anyhow but legally there is nothing saying he cannot do it.
|
Also, it doesn’t prove your point, it disproves it. The competition bureau upheld the NHL by-laws, not specific to the situation, but that the bylaw itself did not step outside any legal parameters.
Also also, this provide more context into what you’re misinterpreting. This is the process for franchise location and (as you said) can be entered into after 7 years of ownership. Once a owner decides he wants to relocate, they must still apply.
Quote:
BY-LAWS
Section 36
Transfer of Franchise Location
36.1. Application
(a) Any Member Club seeking consent to a transfer of its franchise and club to a different city or borough in accordance with Section 4.2 of the Constitution, shall file a written application for such consent with the Commissioner of the League.
(b) Such application shall be filed no later than January 1 of the year prior to the year in which it is proposed the Club will commence its first season in the new location, unless a majority of the Member Clubs consents to a later filing date.
(c) The application shall include a statement as to why the applicant seeks such transfer. It shall also include a statement of reasons why the applicant believes consent to the proposed transfer should be given and shall be accompanied by such documentation as the applicant deems appropriate, in light of the provisions of this By-Law Section 36 and Section 4.2 of the Constitution.
|