DENVER — An Arapahoe County judge on Thursday dismissed a lawsuit filed by the brother of deceased Denver Broncos owner Pat Bowlen, settling one major challenge to the team’s ownership situation and potentially clearing the way for one of Bowlen’s daughters to take control of the franchise, 9Wants to Know has learned.
But whether it ultimately ends the legal fight over the team’s ownership future wasn’t clear Thursday.
In an 8-page ruling obtained by 9Wants to Know, Arapahoe County District Court Judge John E. Scipione wrote that the suit was "dismissed in its entirety."
“We are pleased that the court rejected Bill Bowlen’s attempt to keep this case going,” said Dan Reilly, an attorney representing Pat Bowlen and the three trustees running the team the past five years.
It was a sentiment echoed by Broncos CEO and trustee Joe Ellis.
"We're pleased with today's ruling," Ellis said. "We certainly expected it. My focus and our focus now is getting better on the field and winning games."
Bill Bowlen – who no longer had an ownership interest in the team – had filed the suit in an attempt to remove the three trustees who have been overseeing the team's ownership succession plan since Pat Bowlen stepped away in 2014 after being diagnosed with Alzheimer’s disease.
Bill Bowlen’s attorney, Giovanni Ruscitti, said the dismissal came on “procedural grounds.”
“We would point out that there has yet to be a ruling on any of the substantive issues raised in his lawsuit,” Ruscitti told 9Wants to Know. “They will be decided in Arapahoe County or by the NFL in other proceedings.”
Ruscitti declined to discuss the “other proceedings,” citing gag orders in place, and declined further comment.
Pat Bowlen died June 13.
An earlier effort to have the suit dismissed failed. But after Bowlen's death, attorneys for the trustee filed a new motion seeking dismissal.
Judge Scipione made it clear in his ruling that Pat Bowlen's death changed a lot of things. For instance, he ruled that some of the things Bill Bowlen wanted, such as an appointment of a conservator of his brother's estate, were "mooted" by Pat Bowlen's death.
Bill Bowlen’s suit was filed in probate court and sought the removal of the three trustees running Pat Bowlen's trust: Ellis, who oversees the team as the Broncos' president and CEO; Richard Slivka, the team’s executive vice president and general counsel; and Mary Kelly, Pat Bowlen’s longtime attorney.
Bill Bowlen asserted the trustees were not fulfilling Pat Bowlen’s wishes.
The trustees, in turn, asked the National Football League to arbitrate the dispute, and they formally requested that the court case be put on hold while that process played out.
Much of the dispute had been shrouded in secrecy because it is being fought in probate court, where the details of legal documents are not a matter of public record.
Bill Bowlen has said he believes one of Pat Bowlen’s daughters from his first marriage is ready to take control of the NFL team.
When Pat Bowlen gave up his role with the team he purchased in 1984, he left Ellis in charge of running its day-to-day operations and eventually determining, along with Slivka and Kelly, which of his seven children should succeed him as the Broncos' controlling owner. Pat Bowlen established criteria he expected that child to meet – education, including an advanced degree, business acumen, five years of combined experience working for the Broncos or the NFL, and traits such as character, honesty and integrity.
Beth Bowlen Wallace, 49, is one of Pat Bowlen’s two children from his first marriage, and she made it clear last spring that she wanted to succeed him as the team’s controlling owner.
She had the support of Bill Bowlen.
Brittany Bowlen, 29 and one his five children from his second marriage to Annabel, also wants the job.
After Beth Bowlen Wallace announced her intention in 2018 to run the Broncos, the trustees issued a terse statement saying “is not capable or qualified at this time” to lead the team. Instead, it appeared the trustees have been grooming Brittany Bowlen for the role as controlling owner of the team.
Contact 9NEWS reporter Kevin Vaughan with tips about this or any story: kevin.vaughan@9news.com or 303-871-1862.
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