Appeals court grants temporary stay in HPT case

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

TOPEKA (KSNT) – Less than a day after a hearing, a Kansas Court of Appeals issued an order Thursday morning granting Chris Imming’s motion to a temporary stay in the Heartland Park Racetrack case.

Presiding Judge Stephen D. Hill says in the order that in order to allow a meaningful review for Imming, and to preserve the democratic process, the district court’s decision, in all respects is stayed until 10 days after the filing of both Imming’s briefs.

Judge Hill stated in the order that the Imming’s brief is currently due by January 12, 2015 and his briefs will be due 30 days following that brief.

Topeka City Manager Jim Colson sent a statement to Kansas First News Thursday saying “The City respects the need for the Appellate Court to be deliberative in the process. On the advice of bond counsel and financial advisors, the City had no intention of moving forward with the bond sale while the issue of a temporary or permanent stay was being considered by the Court.”

Colson went on to state that they expect to have the City’s brief submitted soon after the Imming files his brief on January 12th.

“We continue to believe this plan for Heartland Park and the STAR Bond District expansion is the best way to protect the public’s investment by securing an economic generator that will fill a significant hole in the City’s budget over the next decade.”

Kansas First News is working on getting a reaction to the ruling from Imming’s attorney.

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