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America’s Cup : Boat Design Talks Break Down; Fay Headed for Court

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Special to The Times

Negotiations broke down Wednesday between the San Diego Yacht Club and New Zealand’s Michael Fay concerning boat design for this summer’s America’s Cup, and Fay’s attorney said the issue is headed back to court.

Andrew Johns, who represented Fay in Wednesday’s meeting with SDYC and Sail America officials, said he will file a motion with New York Supreme Court Judge Carmen Ciparick as soon as possible, seeking to force San Diego to accept the New Zealand challenge in a monohull boat.

SDYC has said it plans to take on Fay’s 90-foot waterline sloop with a 59-foot catamaran beginning Sept. 3 off Point Loma.

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“We’ve agreed that we don’t agree,” said Tom Ehman, Sail America’s executive director. “Andrew has told us that he is headed East and that we can expect further lawsuits. We think it’s a shame that this is being dragged back into the courts.”

Fay won a protracted court battle late last year to challenge SDYC in his massive boat.

Also to be decided is the date the races will be held. SDYC wants the series to begin Sept. 3, and Fay says it should start Sept. 19.

Another issue was an agreement this week between Fay and a British syndicate headed by Peter de Savary to have a sail-off to determine which would meet San Diego for the Cup.

Since Fay’s group already has been designated as the challenger, SDYC must agree to substitute should De Savary’s boat win.

Ehman said that while SDYC and Sail America are “favorably inclined to the proposal from Mr. De Savary,” they would hold off on accepting the challenge until the exact dimensions of the British boat are determined.

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