The following is a release sent to WyoPreps.com from Bonnie Foster from the Casper Baseball Club......

A decision in the American Legion Post #2 lawsuit filed against Casper Baseball Club, Inc was received today by legal counsel for both parties. Judge Waldrip from Carbon County dismissed all counts brought against CBC by American Legion Post #2, because they lack legal standing. What this means is that all assets (buses and money), leases with the City of Casper for play on Crossroads #4 and Lansing Field and the contract w/the Casper Ghosts do belong to Casper Baseball Club, Inc.

In the analysis section of decision Judge Waldrip states: “Plaintiff has no legal right to control the use of assets it never even claims ownership over. Plaintiff has no standing to seek injunctive relieve preventing Casper Baseball Club, Inc from using CBC’s assets because Plaintiff possesses no legal interest in the assets. Plaintiff lacks standing to prevent CBC from using CBC’s assets in the manner CBC chooses. Plaintiff does not possess a legally protectable interest in CBC’s assets that were acquired by CBC. Further, the business judgment rule addresses actions by plaintiff shareholders, and ‘members’ in a nonprofit corporation. Here, Plaintiff has not alleged, nor can it, that it is a member of the nonprofit corporation. Plaintiff does not possess standing to even allege facts which may rebut the presumption and challenge the CBC’s corporate decision because it is not a member and does not own a legally protectable interest in CBC.”

On February 28, 2008, during a telephone hearing on this case, American Legion Post #2 requested mediation, which CBC agreed upon along with a mediator. In the Judge’s decision he states, “It was for this reason that the Court delayed this opinion, at the request of the Plaintiffs to allow for mediation. The Plaintiffs have not, however, moved forward with mediation efforts in a timely manner, nor kept this Court informed of the status of such efforts. The Court will not be the cause of any further delay in this quarrel.

Judge Waldrip’s final paragraph of the conclusion stated and I quote: “The Court concludes that the Plaintiff lacks standing to bring these claims. When a party lacks standing to sue, it cannot continue in the proceedings and is eliminated from the litigation.” “Therefore, Defendants’ Motion to Dismiss is granted in its entirety.”

As stated by CBC in every interview and every press statement and it will be said for the last time, “CBC said there would be baseball in Casper with or without the assets. Now we will be able to do it with the assets. But the most repeated statement from CBC is that, it was never our intent to break away from American Legion Baseball. But after having three (3) meetings with Post #2 Commander, Stan Lowe and the Executive Board of Post #2 , their was no negotiation on their coaching choice and they left us no other option.” It was Post #2 that filed the lawsuit, failed to mediate and suspended American Legion baseball, not the board members of CBC nor any of the young men playing ball.

There will be baseball in Casper, WY this summer and 38+ young men look forward to you all coming out to watch them compete.