City wants Rhinos out, or $700K for expenses

Lawyers for the city and Rochester Rhinos were in court Wednesday — and are scheduled to head back again on Thursday morning — arguing over control of the downtown soccer stadium.

The city is trying to evict the Rhinos, arguing that team owners David and Wendy Dworkin defaulted on their lease when they decided not to field a team next year. The Dworkins are seeking a court order blocking their eviction. They contend that hosting other professional soccer matches, amateur teams and other events satisfy their lease requirements.

State Supreme Court Justice Daniel J. Doyle met with both parties on Wednesday, but reached no resolution.

How we got here: Talks between city, Rhinos break down as dispute heads to court

If the Dworkins are successful and remain as stadium managers, the city wants them to post a $700,000 bond to cover expenses. The Rhinos rent Capelli Sport Stadium for $50,000 a year, while the city pays $650,000 for utilities and maintenance, according to the city.

"The city's interest is not the bottom line per se, but whether the public benefit is worth the city cost," wrote Patrick Beath, deputy corporation counsel for the city, in a legal brief filed Monday. "In the soccer stadium, the public benefit is and always has been the Rochester Rhinos. There are plenty of other event spaces, indoors and outdoors, around the city, but there is only one professional soccer stadium."

The city questioned the Dworkins' intent to bring back the Rhinos, saying they "have provided no operational or financial plans to the city outlining the return of the Rhinos to the stadium. As a practical matter, there is no longer a Rochester Rhinos soccer team to speak of."

This is a developing story. Check back later for updates.

BDSHARP@Gannett.com