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Wrigleyville Rooftop Lawsuit Against Chicago Cubs Hits End of the Road

By Ariel Cheung | October 1, 2015 6:25pm
 Fans watch the Cubs play from rooftops in Wrigleyville.
Fans watch the Cubs play from rooftops in Wrigleyville.
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David Banks/Getty Images

WRIGLEYVILLE — A federal judge dismissed a case against the Chicago Cubs on Wednesday, stating the rooftops owners who sued the team failed to prove they would suffer irreparable harm due to a new video board that would obstruct customers' views of the game.

The January lawsuit is now at an end, as it was dismissed with prejudice, meaning it cannot be refiled in court.

The owners of Skybox on Sheffield, 3627 N. Sheffield Ave., and Lakeview Baseball Club, 3633 N. Sheffield Ave., accused the Cubs of violating their 20-year agreement, attempted monopolization and deceptive practices.

Federal Judge Virginia Kendall ruled Wednesday that since live Cubs games "are a product of the Cubs alone," they can't be monopolized by the Cubs, rendering the rooftop owners' arguments moot.

She also noted Major League Baseball's exemption from antitrust claims, specifically citing the exemption as validation for the Cubs' efforts to purchase the rooftops and threaten to block rooftops with signage if they didn't sell.

And with city officials signing off on Wrigley Field renovations, the team did not violate its agreement with the rooftops, the judge ruled.

In a reply submitted by the rooftop owners' attorney, Thomas Lombardo, the owners claimed the video board would obstruct customers' views and "there can be no rooftop business without views into Wrigley Field."

"Once installed, it is lights out for the plaintiffs," Lombardo wrote. "Their very purpose for existence will cease."

The Cubs did not respond to requests for comment on the lawsuit dismissal.

Wednesday's ruling is the end of the road for the rooftop clubs' lawsuit. The owners were shut down at every turn, from their February request to halt construction on the Wrigley Field video boards until their case was settled to a denial for a preliminary injunction in April.

Cubs owner Tom Ricketts now owns six of seven Wrigleyville Rooftop properties.

In March, the former owner of Skybox on Sheffield was federally indicted for withholding revenue-sharing money from the Cubs and tax dollars from the city, county and state. R. Marc Hamid is accused of underreporting figure revenues from 2008 to 2011 by more than $1.5 million.

Hamid was released on a $50,000 bond and has pleaded not guilty to the charges. His next court hearing is set for Oct. 27.

The Cubs and Wrigley Field are 95 percent owned by a trust established for the benefit of the family of Joe Ricketts, owner and CEO of DNAinfo.com. Joe Ricketts has no direct involvement in the management of the iconic team.

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