Appeals court hears arguments on HPT motion for a stay

City of Topeka, Kansas and Jayhawk Properties, LLC v. Christopher Imming: 112869Order010815

TOPEKA (KSNT)- For nearly five months it’s been a game of tug-a-war between the City of Topeka, Jayhawk Racing, and Chris Imming.

The appeals court heard today from organizers of a petition to put the purchase up to a public vote. The City, and Jayhawk Racing which has operated the track want a ruling that allows them to go ahead with the purchase.

The Shawnee County District Court has already heard the case, and ruled in favor of the city, a ruling Imming’s attorney feels was the wrong decision, “We think the judge got it wrong,” Tuck Duncan said.“We think the judge created law, by basically adding language that is not there, that the legislature didn’t have there. We want democracy to take place.”

During the 70 minute long hearing Judge Arnold-Burger asked Catherine Logan, who represented the city of Topeka, what was on the line if the city were to lose. Logan responded saying $10.2 million in sales tax revenue, and $15.3 million will be lost since the Core First Bank will  take ownership of the Heartland Park property.

However, Logan still said the person who would take the biggest hit, would be Mr. Imming, “The burden is not on the City, it is not on Jayhawk Racing,it is on Mr. Imming.” A point made since Imming would have to prove that his petition is valid.

Yet the court on Wednesday still told the City of Topeka, residents have a right to weigh in on the deal, “We want the nearly 4,000 electors who signed the petition to see the fruits of that by placing this issue before the people of the City of Topeka, and only by going through you, can we get there,” said Duncan.

One thing out of Wednesday’s hearing was Jayhawk Racing says the sale has taken so long they’re out of business no matter how the court rules.

Judge Stephen hill did not say when the court would make their final decision, but was hoping very soon.

 

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