(03-21-2024, 10:48 AM)Giants Wrote: (03-21-2024, 08:10 AM)StanfordMatt Wrote: Having trouble posting a link from my phone but the UNC Board of Trustees released a very critical statement of the ACC that basically backed Clemson and threw the conference paupers under the bus. Sounds like the Tar Heels are next to follow the Noles and Tigers.
https://www.wralsportsfan.com/unc-system.../21226287/
Any decision made by the Chapel Hill campus regarding their conference home can be overturned by the NC system governing board.
They learned a lesson from the UCLA/Cal debacle…..
And, of course, the politics in NC are different. I don’t see NC/NC State going in different directions.
If you peruse ACC boards and Bearinsider, there are some seemingly knowledgeable people including attorneys who practice in this area with good insight into this among posters pining to get back into the SEC or lamenting the 2013 or whenever invitation to the B1G that was rejected. Some opine that no one should read anything other than politics into anything coming out of the mouth of a UNC-CH Trustee. Apparently they are mere figureheads/advisors to people making the real decisions regarding UNC. The Tarheels and Wolfpack are indeed tied at the hip. UNC isn't going anywhere without NC State. That doesn't quite square with the UNC-CH BOT voting against expansion along with FSU and Clemson. That seems like a real decision.
North Carolina is the lynchpin to the ACC's survival. They are the ACC and always have been. But marginal greed is greed, so who knows?
I say toss FSU and Clemson out on their ungrateful assess, take their money, and hear the lamentations of their entitled fans wondering how they wound up in Conference USA. At a minimum, there better be a favorable thumb on the scale in Dublin to open the season, for a stalwart member who is not making a spectacle of the conference and diminishing its value. (I mean who knows what anyone is doing being the scenes, but still. suck it noles!)
The ACC just sued Clemson:
This ain't no party; this ain't no disco. We aren't fooling around.
The ACC is not playing nice. This is existential. Member institutions met on Wednesday. Three-fourths of the 15 member institution (11.25 schools by math - there must be a reason they are not identifying the specific number of institutions rather than we met the quorum requirements) waived notice and more than two-thirds (10) voted to file the complaint.
Since I'm used to reading and completely misunderstanding legal documents while snarfing at my desk and blowing Dorito dust from the keyboard, my takeaways are:
1. Having read many declarations, I know they are merely assertions for a tryer of fact to find the truth buried in there somewhere.
2. This boils down to freedom of contract and fair dealing. You aren't some rube who didn't understand the terms and conditions on a rental care rushing out of the airport. The agreements are written in plain language, your lawyers vetted this, your president signed it. Is there something you didn't understand or no longer understand? I get it, you're from Clemson, but he's your president. His signature counts. Stand behind that signature. Or else. The ACC is accusing Clemson of acting in bad faith. I think this is setting up the possibility of kicking them out of the conference and taking their money. Or filing a tortuous something or another and taking three times all their money.
3. They open with a quote from Clemson's president and then-chair of the ACC Council of Presidents lauding the agreement they are now suing to get out of. Start with the rank hypocrisy. Yeah, Clemson, what changed other than your level of greed?
4. Clemson has received a shit ton of money from this agreement, one they are co-responsible for as members of the conference and your dude was in charge when it was signed. Oh, and the agreed upon exit fee is a fraction of your annual revenue. Stop you bitching, give notice, write a check, and have fun rubbing your rock somewhere else.
5. The ACC's suit is simple. This will be decided in North Carolina, according to the statutes of the State of North Carolina. The complaint spends a lot of time detailing how long they've been in North Carolina and how many games and tournaments Clemson has played in North Carolina. They want a court to declare that the withdrawal payment is a valid and enforceable contract term, the GOR applies even if Clemson withdraws, Clemson can't collect checks all these years and then attack the very contract under the terms of which all those checks were cashed, Clemson owes a fiduciary duty to the conference as a member, the ACC has in fact been damaged by Clemson's breach of contract, and the conference has been damaged and continues to be damaged by Clemson's breach of the covenant of good faith and fair dealing.
6. Clemson really does belong in the SEC. Matching ethos. (Yeah, that's mine. Not in the law suit.)
I was really on the fence, but now I hope the ACC buries their ass so deep that FSU also slinks off into some other conference dirt poor while we keep their TV revenue and Carolina comes to their senses publicly. Then get after jumping over the regional SEC and go toe to toe with the monolith. (Big Whatever They're Up To at a Given Point in Time)