After a series of back-and-forth legal disputes between the Atlanta Braves and Heritage Auctions over the sale of Hank Aaron memorabilia, including a title dispute over the bases and plate from the game when Aaron hit his 715th home run, one of the defendants accused of unlawfully acquiring the bases filed a counterclaim asserting defamation Friday.
In addition to claims of defamation and the denial of the Braves’ previous allegations, the defendant’s affirmative defenses filed in the countersuit include that the Braves are “barred by the statute of limitations” and the Atlanta court in which the suit was filed lacks proper jurisdiction.
The Braves filed a reply Tuesday seeking to dismiss the motion for lack of jurisdiction.
The team claims the case “should be dismissed or, at the very minimum, transferred to the Northern District of Georgia” where the team is located, as well as the defendants, instead of Texas, where Heritage Auctions is based.
In a statement to cllct Wednesday afternoon, the Braves called the "evolving claims" made by the defendants "wholly unfounded."
"We have statements from multiple sources who make it clear the bases are the property of the Atlanta Braves and were taken by former employees, one who is in violation of his separation agreement," the statement goes on to say. "Our goal is always to protect the legacy of Hank Aaron. We fully intend to assert our rightful ownership of this property which deserves to be proudly displayed at Truist Park in honor of Hank’s historic achievement.”
The dispute first began in August during an auction including various items relating to Aaron and the Braves which resulted in a cease-and-desist letter accusing Heritage of "actively auctioning off items that were obtained by improper or illegal means; or auctioning off knowingly unauthenticated items."
After initially standing by the authenticity of the items, including the bases and plate, Heritage halted the sale of the lot due to what the auction house’s CEO Chris Ivy told cllct was a “title dispute.”
In its initial lot description, Heritage said the bases and plate had been consigned by the son of a former Braves employee, who "gathered his staff and instructed them to save absolutely everything related to this unprecedented moment in baseball history. They secured the bat, the cap, the jersey, the pants, the shoes and belt and socks. And, in a particularly unexpected and brilliant moment of clarity, he told his crew to pull up all the bases and home plate, too."
The bases were then gifted to his son in 2016, who consigned it to auction.
In September, the Braves filed suit in Cobb County Superior Court against Heritage, as well as former Braves employees Bill Acree and his son, Ben Acree, who had been identified by the auction house’s legal counsel as the consignor behind the lot.
The complaint contended the elder Acree had “unlawfully claimed [the bases] as his own” despite the team’s “best efforts to store and protect the historic bases and Homeplate for over forty (40) years.”
After the home run, the Braves claim in the suit they stored the bases and plate “under lock and key” and said the only method through which a third-party could have acquired the items was “by stealing them from a locked storage area, or by committing fraud against the organization and removing the bases from the locked storage area.”
The Braves, after learning of the sale of the items, demanded their return, informing Heritage it was “in possession of stolen property” and alleging the auction house had “likely” conspired with the Acrees in their refusal to return the items to the team.
In a statement provided to cllct, the Braves said their suit sought “the return of bases that were stolen from the organization in a deliberate effort to profit from their taking. Protecting the legacy of players who have worn our uniform is a responsibility that we take very seriously, especially as it relates to the memory of Hank Aaron. Hank’s impact on our organization will never be matched, and items that tell the story of his monumental achievements must be preserved and showcased in a way that properly honors his legacy.”
Ben Acree responded in a counterclaim last week, denying the Braves claims and saying the Braves’ statements, in addition to being false, had harmed his reputation, exposing him to “ridicule” and harm to his reputation. The counterclaim sought a jury trial and asserted there was not, in fact, a contract with the Braves relating to personal property relevant to the case and their claims are “barred by the statute of limitations.”
Will Stern is a reporter and editor for cllct.