The City of San Jose continued its uphill battle to bring the Oakland Athletics to the South Bay by taking its case to a federal appeals court in San Francisco on Tuesday.
A ruling can come down at any time, but is expected to be released in about a month. The city's chances of landing the Major League Baseball team may be falling short after at least two members of a three-judge panel questioned whether San Jose had the legal standing to file a lawsuit.
"I'm saying where is the anti-trust injury if there's no indication that San Jose suffered a loss?" Judge Richard Clifton said.
San Jose's lead attorney used props in court, trying to convince the panel that MLB's refusal to let the Oakland A's move to San Jose violates federal anti-trust laws.
"Can baseball decide that everything from this jacket to this ball and this glove -- can they monopolize that, if you will?" San Jose's attorney Joseph Cotchett asked the panel of judges.
But an attorney for MLB cited a 1922 Supreme Court anti-trust ruling and argued San Jose had no standing to file the lawsuit in the first place.
"They don't have the A's, they don't have a team, they don't have a stadium," said John Keker, MLB's attorney. "They don't have any indication that a stadium is going to be built with private money."
At least two of the judges appeared to agree with Keker.
San Jose claims it had an agreement with the Oakland A's for the team to move to the South Bay, which was blocked by the San Francisco Giants. The Giants have territorial rights to San Jose and Santa Clara County.
The A's recently signed a 10-year lease to stay in Oakland with an opt-out clause after two years.
Oakland City Councilman Noelle Gallo, who attended the hearing, said despite the lease agreement, it's clear to him by what was said in court the team is still entertaining a move elsewhere.
"I can build a stadium, but I may not have a team," Gallo said. "That's what I got today."
Cotchett said if the ruling is not in San Jose's favor, he will appeal the case to the Supreme Court.