PITTSBURGH — If the Penguins do not reach a deal with state officials for a new arena in Pittsburgh, a politician and a businessman say they will try to persuade a judge to let the public buy the team or prevent it from moving until it repays $10 million in public money.

The request for a court injunction would only be filed if the Penguins announce they are leaving the city, said Mike Dawida, a former Allegheny County councilman and state lawmaker who is running for county controller.

"We want to be ready," Dawida said Friday. Still, he said he hopes a deal can be reached and the team stays.

The Penguins are threatening to leave Pittsburgh if they can't secure a new rink. Their lease at 46-year-old Mellon Arena, the oldest facility in the league, expires June 30 and the team is free to leave after that.

Because tax money was spent to build Mellon Arena and $10 million from the Allegheny Regional Asset District provided money for club seating, the public should have a chance at ownership, said Dawida and Phil Isaly, owner of food maker Isaly's.

"We want all of this sneaking-out-of-town thing stopped," Isaly said.

Current hockey rules prohibit community ownership.