DLI likely won't pay $6,400 bill / LJWorld.com

Archive for Thursday, May 8, 2008

May 8, 2008

DLI won't help KU cover cost

DLI will not help KU cover the costs for canceling the men's basketball awards banquet, which was originally scheduled at the Holidome. Enlarge video

2008 National Championship Parade

Sports facility upgrades expanded (05-08-08)

The Kansas University athletics department won't be able to count on a $6,400 check from Downtown Lawrence Inc. to cover the cost of canceling its basketball banquet at the Lawrence Holidome.

The athletics department canceled the post-National Championship banquet in favor of a downtown parade and celebration at Allen Fieldhouse.

Dan Hughes, owner of Sunflower Bike Shop and president of the DLI board, said the wording wasn't final on a letter to be sent to the department, but the consensus after a Wednesday morning meeting was that paying for the cancellation just wasn't something the organization could do.

"That's a significant chunk for us," he said. "It's probably about 10 percent of our annual budget."

Hughes said DLI is a small, member-driven organization that doesn't take in much money. Additionally, he said, while some businesses certainly benefited from having the throng of people in downtown, for others it may have done little good.

"They can make the claim the parade brought 100,000 people downtown, and I'm sure there are businesses that benefited - and they probably benefited from the tournament in general - but the parade itself for Sunflower wasn't a big draw," Hughes said.

But that aside, Hughes said he didn't want it to seem like he was diminishing the level of excitement the merchants have for KU basketball's National Championship.

"We've enjoyed positive relationships with the athletics department in the past, and we hope to continue those positive relationships going into the future," he said

Officials at the Lawrence Chamber of Commerce, which was asked by the athletics department to share the cancellation cost with DLI, have not returned phone calls.

Discussion

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8 May 2008
at 6:27 a.m.

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jayhawkbarrister (Anonymous) says…

The leading case on payment of expectation damages, is an old English case, Hadley v. Baxendale, 9 Exch 341, Court of Exchequer, 1854.Baxendale was a miller; his mill's crankshaft broke. It was the only one he had, and without it he could not run the mill. He contracted with the defendant to send it to the engineers. The delivery was delayed, and the plaintiff sued for lost profits. The jury awarded damages of Â£25; Hadley appealed.Question: Is the plaintiff entitled to damages for that were not expressly told to the defendant in the formation of the contract?Ruling: The defendant will only be held liable for the plaintiff's losses if they are generally foreseeable or if the plaintiff tells the defendant about any special circumstances in advance.Analysis: The court goes makes an argument that from the evidence that a client wants to ship a broken item fast, it does not necessarily follow that they are necessarily going to lose profits if it is not delivered on time. The court goes through a series of other circumstances under which the plaintiff could have sought out the transaction he did, so that the defendant need not have assumed the situation was as dire as it was.If special circumstances exist, special provisions can be made in the contract voluntarily by both parties to impose extra damages if there is a breach. The court doesn't wish to take that power away from the parties.Conclusion: The court finds that lost profits should not have been awarded at trial; New Trial with new jury instructions to be used.So the question in Lawrence that is unanswered by this reporting is this: Was it generally foreseeable that canceling the 'intimate' (sounds so romantic) dinner, would result in a $6,400 bill or did KU Athletics tell DLI and/or CoC that holding the parade and canceling the 'intimate' dinner would result in a $6,400 bill from the Holiday Inn?By the way, $6,400 for an 'intimate' dinner sounds like too much. When my wife and I go out for a intimate dinner, it rarely tops $75.00. :-) The Holiday Inn must hire some really expensive strolling violinists.
8 May 2008
at 6:38 a.m.

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KS (Anonymous) says…

This is so tacky of Lew and the boys. I can't believe they had the b_lls to send it. This shows greed at its best.
8 May 2008
at 7:01 a.m.

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cowboy (Anonymous) says…

I heard that KUAC had those truck nutz installed on all of their vehicles cuz it takes a lot of big basketballs to think the way they apparently do. Gotta wonder what they think of the locals that we don't hear about.
8 May 2008
at 7:25 a.m.

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wysiwyg69 (Anonymous) says…

how about protesting or picketing on the location around lews and marchionys residence and let them really see how many people are against this crap
8 May 2008
at 7:52 a.m.

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Luxor (Anonymous) says…

Good for DLI!
8 May 2008
at 8:47 a.m.

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lsense (Anonymous) says…

I find this tacky ploy for $6400 rather amusing when there's a front page (on the website) article about KU and its $55 million in “upgrades, expansions and additions” for Allen Fieldhouse. Let's see here, dropping $55 million like it's no big deal, and then whining about a measly $6400. How lame can they get?
8 May 2008
at 8:53 a.m.

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eyenstein (Anonymous) says…

1. The contract with the Holiday Inn was not signed by DLI, it was signed by KU Athletics department.2. KU Athletics had complete control over the choice of day for the parade.3. The DLI represents 4 blocks of downtown merchants and the Parade was 28 blocks long, ending at the field house.We all wanted a parade from the moment the championship game was won. KU Athletics were the holdouts. It took nearly a week for them to wake up and realize that they owed it to the fans and to Lawrence. The point: the banquet should not have been planned in the first place.

8 May 2008
at 10:19 a.m.

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can8iv66049 (Anonymous) says…

Also, what about the pay for all the extra police officers that were brought in for the 2 games….? Should the City of Lawrence bill KU for help on campus, Allen Fieldhouse and Jayhawk Boulevard, let alone downtown…..or is that too bad because that darn University booked the games and they had the nerve to win!!!! 2 Sides/opinions to every story
8 May 2008
at 10:46 a.m.

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not_holroyd (Anonymous) says…

Ahhh… my how I enjoy the blooms of the flowers in the spring. Thanks to the City Parks department for their fine works.
8 May 2008
at 10:47 a.m.

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kubacker (Anonymous) says…

Isn't this the same basketball banquet they held at the downtown Marriot in Kansas City a few days after the parade in Lawrence?Note To Suckers in Lawrence:If you, Lawrence, are so selfish and brazen as to insist on a parade for your hometown team when it wins the NCAA championship, then I (Lew Perkins) will move the annual KU basketball banquet to Kansas City (probably permanently) and send you the bill for the cancellation fee that I could have totally avoided if I had made any attempt to work with the Holidome people and hold the banquet in Lawrence at the Holidome a few days later than originally planned.
8 May 2008
at 10:54 a.m.

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jackie (Anonymous) says…

Legal analysis is way off point. The DLI and Chamber are not privy in regards to the contact between KU and Hoildome.
8 May 2008
at 11:02 a.m.

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fetch (Anonymous) says…

kubacker, it was a different banquet.
8 May 2008
at 11:15 a.m.

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kubacker (Anonymous) says…

FetchThanks for the help. One question - was the banquet that was sceduled for Lawrence permanently cancelled or was it/will it be held at a later date at another venue/city?
8 May 2008
at 11:22 a.m.

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fetch (Anonymous) says…

to kubacker- don't know.the KC recognition dinner was a different gig, but people have expressed concerns about that one too.
8 May 2008
at 11:34 a.m.

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jayhawkertom (Anonymous) says…

This $6,400 bill is yet one more illustration of the greedy corruption that is the KUAC. Sadly, anything and everything at KU is up for sale to the highest bidder. Look at the Arrowhead game that lost us our home field advantage. Judas (i.e. Lew Perkins) got his pieces of silver (i.e. millions for moving the game). For all intents and purposes, Allen Fieldhouse has been renamed Booth Family Hall of Athletics. Is nothing sacred? It's like building a brothel on the front of the Sistine Chapel! And speaking of Allen, the father of basketball coaching, wasn't it classy of Lew to kick his descendants out of their seats in the Fieldhouse that bore their family's name…all for the sake of money?! Now, Perkins is driving a wedge between the town and the Hill. Personally, I think this is causing a PR problem that's going to take more than $6,400 to fix. As football season approaches, perhaps Heminway should be less concerned with our QB getting sacked and more concerned with sacking Lew!

8 May 2008
at 11:44 a.m.

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The_Original_Bob (Anonymous) says…

KuBacker -It was my understanding that the Holidome banquet turned into the Allen Fieldhouse post-Parade party. The deal in KC was completely different.
8 May 2008
at 11:45 a.m.

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kubacker (Anonymous) says…

I will have to concede that the horrible and dangerous condition of the parking lot/driveway at the Lawrence Holidome would cause me to avoid scheduling an event there. I've never seen a parking lot/driveway of any business that poorly maintained on a year-round basis.
8 May 2008
at 11:50 a.m.

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yourworstnightmare (Anonymous) says…

Oh, the drama. KU versus Lawrence. City versus the Hill. Towns versus gowns.Jesus, get over it, people. In large part, Lawrence and KU are synonymous. It was stupid for KUAD to ask for the money. Just tell them no and move on.Although I guess “Towns versus Gowns” is sexier to the “I have no life” set.
8 May 2008
at 3:29 p.m.

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KEITHMILES05 (Anonymous) says…

Lew would do himself and KUAC a great service by replacing Marchiony as his spokesperson.He has embarassed KU enough. His way of speaking is hurting KUAC.Get rid of him Lew. Hide in the closet. Shut him up.If you want fans and donors to feel “good” about things you'll consider somebody who has more tact and committment compared to the loud mouth, degrading, mouthpiece currently acting as a spokesperson for a great university.
8 May 2008
at 4:31 p.m.

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buffalo_star (Anonymous) says…

KU vs MU at Arrowhead, ring any bells? Lawrence downtown hosed by KU big time as I recall.
8 May 2008
at 6:05 p.m.

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been_there (Anonymous) says…

Didn't they say that in the past the banquet was held and the KU Student Union? They have a banquet room, food and staff. Why was it changed to the Holidome?
8 May 2008
at 6:44 p.m.

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ynotnow (Anonymous) says…

Like I said about the previous story:The Chamber responded to a question by a news reporter and said that it would be great to have a parade. They then offered their services to help and were refused. They didn't have anything to do with the parade. They didn't know there was another event even planned. Then they receive an EMAIL requesting money?? KUAC didn't even call and talk to them? How could anyone be responsible for something they knew nothing about and had nothing to do with? Sure they wanted a parade, but so did most of the town! Should everyone split up the $6400 who said they wanted a parade?
8 May 2008
at 7:40 p.m.

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KEITHMILES05 (Anonymous) says…

The banquet has been held at various venues in Lawrence including the Lied Center, Student Union, AFH, and Holidome.

8 May 2008
at 8:17 p.m.

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justfornow (Anonymous) says…

Where have all the good guy's gone?
9 May 2008
at 5:54 a.m.

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KS (Anonymous) says…

The Holidone and the caterers involved, have no doubt made a lot of money off of KUAD. $6,400 in the grand scheme of things is a drop in the bucket. They have been willing to either forego or negotiate the amount to something that would have never hit the public forum. I think it shows bad publicity on the Holidome. Do they not want another KU event to be held at their location? Yes, but I guess when you are the only game in town, you gotta put up with their crap and the chlorine too.