Read Golden Gate Yacht Club's appeal

Sailing Scuttlebutt's esteemed authority Cory Friedman, Esq. will undoubtedly adjudicate the appeal by Golden Gate Yacht Club (GGYC), but you should take an hour or two to read the appeal by Latham & Watkins of New York, attorneys for GGYC, or read the summary of the appeal published on the GGYC website.

Mary Mahoney, an attorney at Latham, folks say, is a force behind the appeal.

It's extraordinarily well written, as we imagine legal documents should be (although we defer to Mr. Friedman's assessment of the legal aspects). To the casual and intelligent observer, however, the case made by GGYC is enlightening.

It's not built on legal abstractions.

It's the Deed of Gift, stupid.

George Schuyler, author of the Deed of Gift, says GGYC, wrote an extraordinarily simple and clear document, and was twice asked to clarify certain conditions by the New York Yacht Club, into whose hands he placed his Trust. He complied with their requests, strengthening provisions that have to do with prospective challengers.

Apparently, he strengthened an already strong deed.

GGYC's appeal stresses the simplicty and clarity of the Deed, urging the New York State Court of Appeals to stay within the confines -- the four corners -- of the Deed and to respect Schuyler's open, honest and clear intent.

And the references in GGYC's appeal, interestingly, cite trust law, which is a rich turf for lawyers in New York, and which in this case, relate to the Deed of Gift as a trust, which of course it is.

Nothing about this historic document is absurd or inexplicable, says GGYC, nor can it possibly be construed to mean that a door is left wide open for slackers, never-do-wells, or faux yacht clubs. 

Schuyler thought his document through with sincerity, offered plain detail, and within his simple construction, lawyers say, truth can be found.

Not that this will mean anything to Alinghi (SUI), sailing team of Société Nautique de Genève (SNG), defending yacht club of the America's Cup.

Nevertheless, Alinghi and SNG are probably concerned about the prospective judgment of the New York Court of Appeals.

Perhaps that's why Alinghi's chief Ernesto Bertarelli (SUI) met with Larry Ellison (USA) of BMW Oracle, sailing team of Golden Gate Yacht Club of San Francisco, this weekend.

Perhaps they have already reviewed GGYC's appeal.

Perhaps their lawyers are urging discussion.

Meanwhile, those same Alinghi lawyers are trying to 'invisiblize' the Deed of Gift (DOG) race in 90-foot multihulls, principally because they don't have a multihull, they aren't building one, and won't ever have a 90-foot multihull to enter, ever, wherever any DOG race will be held.

Not that they will ever admit that.

However, if you happened to be in their situation, you would probably bust a gut to prove that the DOG contest is a myth and that no response shipbuildingwise is necessary -- which is exactly what Alinghi lawyers are trying to prove.

Meanwhile, the GGYC's appeal should send a chill down the spine of even the most heartiest SNG members.

If I were Alinghi, I would scamper back to Valencia, and reset the clock to July 4, 2007.

Then I would behave myself, do the right thing, and keep my fingers crossed.