-31--31- election until the environmental impact report was performed. Although the terms of the Irwindale MOA required Irwindale to complete the environmental impact study, the injunction prohibited the Raiders and Irwindale from continuing in the implementation of the Irwindale MOA. By the terms of the Irwindale MOA, third-party obstacles, such as the preliminary injunction, did not excuse performance; therefore, the Raiders’ obligation to repay the loan was not discharged in 1987. 1988 Respondent argues that, by their statements in pleadings filed in the lawsuits designed to stop this project, the Raiders and Irwindale admitted that the Raiders were entitled to retain the $10 million without obligation. In the amended answer dated March 21, 1988, the Raiders alleged that the Raiders were entitled to retain that money whether or not the stadium was built. Irwindale conceded the right of the Raiders to keep the $10 million “regardless of what happen[ed]”. Legislation enacted in September 1988, by its terms, prohibited the implementation of the Irwindale MOA. Although negotiations continued after September 1988, those negotiations were not conducted under the Irwindale MOA. At trial, Birren admitted that the legislation precluded Irwindale from complying with the terms of the MOA. General obligation bonds could not be issued to construct a stadium that Irwindale would then turn over to any private company, such as the Raiders. The parties to thePage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011