While the familial fracas over the future controlling interest of the Denver Broncos was largely put to bed when a lawsuit between factions of the Bowlen family was dismissed in July, there is an ongoing claim to the franchise being waged should the team go up for sale.
Via Arnie Stapleton of the Associated Press, a trial is set to begin on Wednesday over the claims from the estate of previous Broncos owner Edgar Kaiser Jr. that they have right of first refusal to purchase the franchise back from the Bowlen family should it hit the market.
Kaiser owned the franchise from 1981 to 1984 before selling a controlling stake of the team to late Broncos owner Pat Bowlen. Kaiser was given a right of first refusal from Bowlen when he purchased 60.8 percent of the franchise from Kaiser. Though both Kaiser and Bowlen have passed, the claim if being made by ROFR (Right of First Refusal) Holdings, a company set up by Kaiser that is claimed to have had the right to the franchise transferred to it prior to Kaiser’s death.
The Broncos claim that right no longer holds as it was a personal pact with Kaiser only and does not carry on beyond his death.
Bowlen twice won lawsuits against Kaiser over this agreement when he bought out minority share holders and gave a minority stake in the franchise to John Elway.
Whether the team is going to remain under the control of a Bowlen family member -- presumably Brittany Bowlen -- or be sold to an outside entity, resolving the Kaiser claim to the franchise is a hurdle that needs to be cleared.
