The litigation surrounding the Seattle SuperSonics’ attempt to relocate took another twist this week when the team’s lawyers asked that Howard Schultz’s lawsuit against Clay Bennett’s Oklahoma-based ownership group be dismissed.

Schultz’s suit suggests that the court should place the team in a trust, where it could be sold to a group who would promise to keep the Sonics in Seattle. However, the team’s attorneys argue that Schultz’s case is “fatally flawed”. As reported by the Seattle Post Intelligencer:

Additionally, the team says too much water has passed under the bridge to nullify the sale of the team two years after the original transaction. The Sonics note that "major multiple transactions and actions have occurred since the closing," including player signings and trades, the hiring of a new coach and assistants, the sale of the Storm, leases of new offices in Seattle and the approval of relocation to Oklahoma City by the NBA.

Judge Marsha Pechman, who is overseeing this case, as well as Schultz’s claim to revoke a $350 million deal made with Bennett’s group in 2006, now must determine if this case will go forward. Pechman was also expected to rule on several motions filed by both sides at a pretrial conference today. (For more details on the motions filed, read City of Seattle Claims Sonics Have Intentionally Limited Team Exposure.)

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Nick Kappel is a staff member for the Business of Sports Network, which includes The Biz of Baseball, The Biz of Football, The Biz of Basketball and The Biz of Hockey.

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