AP

Howard Schultz

SEATTLE – The original Seattle SuperSonics are gone and a decision Friday by former owner Howard Schultz has guaranteed they are not coming back.

In a letter to his former co-owners, the Starbucks CEO said he is dropping his lawsuit to have the 2006 sale to Clay Bennett’s group rescinded based on breach of contract.

Schultz cited two decisions by U.S. District Court Judge Marsha Pechman that ultimately changed his mind about the success of the lawsuit.

One was a decision to allow the NBA to intervene in the case. The other was a decision to not split the case into two stages – the liability itself and how to remedy the situation.

"As a result of these developments, our legal team and I no longer believe we can be successful with this litigation," writes Schultz. "Gaining agreement and a plan with the City, the State Legislature and finding a local buyer by next spring is not realistic given past history and the short time frame ahead of us. Indeed, there is unwanted irony in knowing that these were the very same obstacles that thwarted our considerable efforts to find a willing local buyer in 2006."

Schultz filed the lawsuit against Bennett’s group - the Professional Basketball Club, LLC – earlier this year, claiming that the new owners had no intention of trying to keep the team in Seattle when they bought the club in July 2006. A side letter written during the sale indicated that the PBC would conduct “good faith best efforts” for 12 months to try and secure funding for a new, NBA viable arena. Both Bennett and the NBA said repeatedly that KeyArena, even if it was renovated, would not suffice.

However, e-mails uncovered by the City of Seattle in its lawsuit against the Sonics showed members of the ownership were discussing the possibility of moving as early as two months after the sale was completed. The City was suing the team for trying to break its lease.

"Unfortunately, showing that the Bennett Group lied is not enough to turn back the clock and return the Sonics. As a result, I am withdrawing our lawsuit," wrote Schultz.

Last month, the PBC and the City reached a $75 million settlement to allow the team to leave with two years left on its KeyArena lease. $45 million was paid up front, with the other $30 million to be paid within five years if an NBA team does not return to Seattle.

The return of an NBA team, however, is contingent upon getting the money needed to upgrade KeyArena to what the league would consider a viable facility.

A report in the Seattle Post-Intelligencer Friday revealed the city spent nearly $3 million on its legal battle with the Sonics. $2.3 million of that was just in legal fees alone.

The first moving trucks carrying office equipment and other supplies arrived in Oklahoma City from Seattle on Friday morning.

The new Oklahoma City franchise will reveal the team name and colors next Wednesday.