Once Again, America’s Cup Will Be Defended by Lawyers

New Zealand’s Mercury Bay Boating Club will get yet another day in court in its pursuit of the America’s Cup.

In a surprising announcement Tuesday, the Appellate Division of the New York Supreme Court said it would allow New Zealand to take its case to the last possible legal venue, the New York Court of Appeals.

New York Supreme Court Justice Carmen Ciparick had ruled March 28 that San Diego’s use of a catamaran to defend the Cup last year was illegal and awarded sailing’s top prize to Mercury Bay. The Appellate Division overturned that decision by a 4-1 vote Sept. 19, and lawyers on both sides said the lopsided ruling provided little chance that New Zealand would be allowed to appeal further.

Gene Trepte, chairman of San Diego’s America’s Cup Defense Committee, said: “(Tuesday’s) decision makes life even more difficult for our fledgling defense syndicates. Non-American syndicates will continue to design, build and train, knowing they will be challengers in either San Diego or New Zealand.”

Coincidental to the court’s announcement, representatives of 10 potential defense syndicates--among them those featuring Dennis Conner and his former Stars & Stripes navigator, Peter Isler, as skippers--met Tuesday in San Diego to discuss plans for the defender selection trials.

ACDC spokesman Tom Mitchell said the ruling didn’t change the committee’s plans.

Initially, San Diego had hoped to defend the Cup in 1991. The legal fight pushed it into ‘92, and now the major concern is that it will be carried into ’93 because, by agreement of the major potential competitors, no defense can start until 24 months after the end of all litigation relating to the previous defense.

“Mercury Bay was saying not long ago how they wanted to expedite this,” Mitchell said. “We’re going to hold them to that. If they don’t file for an expedited hearing, we will.”