I think the votes will shift once it becomes obvious there will be no bidders without the team being movable within 3 years and the league is stuck paying for the losses.
I don't think expansion is a viable option going forward so if the teams want an infusion of cash it'll have to come as a relocation fee to SO. No other market could generate anything close to a similar payoff.
I disagree that JB will eventually win this bid.
For argument's sake, let's assume that we follow the NHL's published steps for the bidding process (first an auction to keep the team in Phoenix, then a second option for relocation- pre-approval by the BoG for all bidders and locations in the second case).
Let's also concede (only for arguments sake) that no qualified bidder emerges in the first auction.
Now, we are about to proceed to the second auction that would allow relocation to approved locations from qualified bidders. The first step would be to establish the proper total for Glendale as a creditor due to the lease obviously being broken. This amount would affect all bids the same.
Here are the points in this potential time line in which I believe that JB would be disqualified and/or withdraw:
1) JB's application for franchise ownership could be disapproved by the league for those actions since 2006. My personal opinion is that the league would succeed in establishing an argument against JB.
2) JB's approved but Hamilton could be disapproved as a NHL market due to legitimately argued, and supported, reasons by the NHL (impact to Buffalo, perception of the league by partners, etc.).
3) Since every approved market will have a different relocation fee (see formula established by the court), and some markets may have indemnity (territory infringement) fees while some may not, I could see a bid from another market be significantly lower overall and still best satisfy (the most) creditors.
If it get's to the second auction, I fully expect to see Vegas (Bruckheimer) and Winnipeg enter the picture. I expect both to be approved locations by the league and neither would have to pay any territory infringement fees. Could potential owners in those locations win when their total out-of-pocket costs do not have to include those higher/additional fees? I think so.
Far from over, but I think JB's road just got exponentially tougher.
* Edited for clarity regarding Glendale.