Golden Gate Yacht Club has recently published on its website two letters:
Letter from GGYC Commodore to SNG 15/10/09
This includes the statement that:
"As Trustee under the Deed of Gift, SNG also holds a duty of care, and consequent liability, to all participants in the 33rd Match.
"GGYC is considering filing a complaint with the New York Courts on the grounds of breach of fiduciary duty because of your Club’s actions over the past five years. Your selection of the venue for the 33rd America’s Cup would form part of that claim.
"As Trustee, SNG has the power and duty to choose the venue for the 33rd Match. Under New York law, this duty cannot be delegated..."
together with various counter-arguments to the choice of Ras Al Khaimah in the United Arab Emirates as the venue for the 33rd America's Cup, including several terrorist links to RAK.
Letter from Boies to Justice Kornreich 16/10/09
This letter mainly concerns measurement issues, but includes the statement that:
"Although GGYC does not presently intend to file any additional motions, as SNG is aware, GGYC is considering filing an action alleging that SNG's conduct constitutes a breach of its fiduciary duties as trustee and seeking the removal of SNG as trustee. Such action remains under consideration. If such an action is filed it will be filed in the next 10 days."
Golden Gate Yacht Club