American Sailing Team Wins Its Appeal

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Friday, April 3, 2009

New York state's top court ruled yesterday that San Francisco billionaire Larry Ellison's Golden Gate Yacht Club is the rightful challenger to the America's Cup, reversing a lower court finding and likely forcing Ellison and Swiss billionaire Cupholder Ernesto Bertarelli into a showdown in 90-foot multihulls.

The Court of Appeals found the hastily assembled Spanish Club Nautico EspaƱol de Vela was not a valid challenger of record because it had never held an annual regatta as required under the antiquated Cup Deed of Gift. Ellison challenged CNEV's status after the Spaniards and Bertarelli wrote a one-sided protocol for the next Cup defense that gave vastly expanded powers to the defender.

The ruling means that Bertarelli and Ellison will square off for the Cup somewhere in the next 10 months in the huge multihulls, unless the warring factions agree to hold a traditional, multinational event. So far in the dispute they have agreed on almost nothing.

Note: U.S. Sailing, the sport's governing body, has named Gary Jobson of Annapolis its next president. He'll take office in the fall. Jobson was Ted Turner's tactician in the 1977 America's Cup and is ESPN's sailing commentator.

-- Angus Phillips



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