From Deseret News archives:
Appeals court ruling to gain ex-Trib managers new hearings
Former owners get 2nd chance to fight appraisal
While specifically noting it was not expressing an opinion on the merits of any claims, the three-judge panel from the 10th U.S. Circuit Court of Appeals sent the case back to Utah for additional hearings on the matter.
Salt Lake Tribune Publishing Co. (SLTPC) had challenged the final stage of a three-part appraisal process that set at $355.5 million the amount the former Tribune owners would have to pay to exercise a 1997 option to buy the newspaper back.
On Tuesday, the appeals court sided with SLTPC and overturned U.S. District Judge Ted Stewart's August 2003 decision that the final appraisal was an arbitration governed by the Federal Arbitration Act, which prevented him from overturning the award absent specific and egregious circumstances.
Stewart used that finding to support a dismissal of SLTPC's other claims related to the final appraisal, which valued the Tribune at $331 million. When averaged with an earlier appraised value of $380 million, the price tag for the Tribune was set at $355.5 million.
SLTPC has maintained that the third appraisal, conducted by New Jersey-based Management Planning Inc., is at least $100 million too high and declined to meet the Oct. 10, 2003, closing deadline to exercise the option agreement.
SLTPC chairman Philip McCarthey said Tuesday he was pleased with the court's decision and reaffirmed his dedication to regaining ownership of the Salt Lake Tribune.
"We are delighted, we are energized," McCarthey said. "We always said we'd pay a fair price for the paper. Nowadays we have no idea what that is, but at least we know what it is not."
Tuesday's ruling does not automatically grant SLTPC the right to a new appraisal, however. It simply sends the matter back to Stewart's Salt Lake courtroom for a second evaluation of the appraisal, absent the higher legal standard afforded to arbitrations.
Even without that immunity, attorneys for MediaNews maintain the $380 million valuation can withstand additional scrutiny.
Arguing the case before the 10th Circuit in September, MediaNews attorney Kevin Baine said that an appraisal cannot be vacated absent a clear finding of fraud, manifest error or corruption things that aren't present in this case, he said.
Comments
- George lost in rivalry hatefest 1:33 a.m.
- Paul returns after being out 1:04 a.m.
- Nets finally win 1:04 a.m.
- Olympus downs Box Elder 1:03 a.m.
- Saint Mary's next for Aggies 1:03 a.m.
- Cougars look to bounce back 1:03 a.m.
- Battle goes to PG's Hamson 1:03 a.m.
- Snow hopes to snap bowl game skid 1:03 a.m.
- U.S. gets favorable World Cup draw 1:03 a.m.
- Utah's Wynn healing up 1:03 a.m.
- Ed Smart 'appalled' at testimony
- Mr. Football 2009: Tuni Kanuch
- 5A high school football All-State
- 4A high school football: All-State
- Miller predicted Tiger's rough road
- Utah Jazz going green with unis
- Nutty Putty Cave to be sealed today
- Harpring's NBA career is over
- MVPs wrap up stellar prep careers
- Jazz: Miles, Kirilenko to play Friday
- Hall reprimanded by MWC
410 - Why is Y. ignoring spew of hatred?
294 - BYU says Hall incident resolved
247 - Letters: Liberal because LDS
237 - 2 citations issued at Y.-U. game
189 - Hate not limited to 1 in-state rivalry
185 - Aggies shoot past Cougars
179 - Max Hall: a fixture in rivalry lore
118 - N.Y. Senate rejects gay marriage
118 - Unbeaten BYU takes trip to Logan
104
Trolley Square's annual Holiday Open House will feature visits with...
That does it — I'm having an affair! Thanks to Tiger Woods, David...
First, a big thank you to all who posted questions here for me to ask...
What are you even doing on this article? This year you had, the most winning...
I am one devout Mormon who is also embarrassed by Glenn Beck, his show and...
hell yes! i love our draw and i love that we face england in the first round!...
Just looking at the 2nd team WR's stats, and I just want to know, why wasnt...
My health insurance premiums are going up double-digits this year, just as...
Utah has been to 2 BCS games in 5 years.... yawn been there done that got the...
Not all of are professors who have the vast amount of time to study all the...
You'll find Rio Tinto Stadium with one hand in the wallet of Salt Lake County...
If they expect due consideration and a civil public discourse, as you say,...



You can be the first to comment on this story.