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1992 Colorado Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagco0041 and id is 1 raw text is: ue iptatr of TGolorabo Gale A. Norton 110 16th Street - 10th Floor Attorney General DEPARTMENT OF LAW Denver. Colorado 80202 Raymond T. Slaughter Phone 620-4500 Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL FAX (303) 620-4130 Timothy M. Tymkovich Solicitor General January 31, 1992 Honorable C. Thomas Blickensderfer State Senator State Capitol Building Denver, Colorado 80203 RE: Memorandum of Lease -- Major League Baseball Stadium Dear Senator Blickensderfer: This responds to your November 18, 1991 letter requesting this office examine the legal sufficiency of the Memorandum of Lease (MOL) between the Den;er Metropolitan Major League Baseball Stadium District (District) and the Colorado Baseball Partner- ship in 1993, Ltd., a Colorado Limited Partnership (Partnership). As we discuss below, setting aside public policy and business judgment concerns, we have concluded a court would find that the arrangement entered into between the District and the Partnership does not violate Colorado law. It must be emphasized that we were not parties to previous lease negotia- tions and are not in a position to critique each and every judg- ment call that took place. Moreover, this opinion has not taken into account legislation that has been proposed to the 1992 Gen- eral Assembly concerning the District. Finally, we recognize that the MOL is a preliminary agreement and that the parties still must address numerous issues in final negotiations. While we have attempted to fully answer your questions, we must caution you that our inquiry was based upon facts which my staff was able to obtain without benefit of formal witness or document subpoena powers. The inquiry is necessarily limited to what we have been provided through the voluntary cooperation of the Dis- trict, the Partnership, and others. The parties to the MOL have been fully cooperative recognizing the inherent limitations of an ongoing negotiation for the completion of a multi-million dollar transaction. As you know, the legislation creating the District (§§ 32-14-101, et seq. C.R.S. (1991 Supp.)) gives the board of directors broad powers to lure baseball to Denver and to construct a baseball

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