Abele

Abele v. Phoenix Suns Ltd. Partnership

Good Law
73 F.3d 218
United States Court of Appeals for the Ninth CircuitJanuary 2, 1996No. 94-16057California869 words

Opinion

Lead Opinion

ORDER

The request for publication is GRANTED.

The memorandum disposition filed November 30,1995, is redesignated as a per curiam opinion.

OPINION

Robert P. Abele, bankruptcy trustee (“Trustee”), appeals from the district court’s order reversing in part and vacating in part two bankruptcy court orders permitting the Trustee to sell the debtor’s Phoenix Suns (“Suns”) regular season tickets, playoff tickets, and the opportunity to renew season tickets. Before this court, the Trustee argues that the district court erred in concluding that the opportunity to renew season tickets is not a property right under Arizona law.

We affirm the district court’s judgment because we conclude that the opportunity to renew season tickets is not a property right under Arizona law.

I.

The Suns generally permit season ticket holders to purchase playoff tickets and to renew their season tickets for the following year. The Suns, however, make it clear in written notices sent to season ticket holders each year that the “opportunity [to renew season tickets] is a privilege granted by the SUNS and may be withdrawn in the SUNS’ discretion.” The Suns’ written policy further states that, “[w]hile the…

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