Kansas Court of Appeal gives Topeka the OK to issue Heartland Park Racetrack bonds

TOPEKA (KSNT) — This morning the Kansas Court of Appeals ruled in favor of the City of Topeka regarding Heartland Park racetrack. Saying that the city can now move forward with its purchase.

The city’s attempt to purchase the racetrack and issue $5 million in sales taxes revenue bonds has been stalled since the appeal was filed in December.

The Kansas court of appeals agreed with several of the arguments of those behind the petition calling for a public vote.

The court chastised the city, for the way they brought the suit before them.

“We prevailed on the issue of that the city manager had no authority to file this action and that the city council did not properly ratify it,” said Tuck Duncan, petition organizer attorney.

“I’ll take the blame for that,” said Jim Colson, Topeka City manager.

But city manager Jim Colson, now says despite those mistakes the court ultimately ruled in the city’s favor and can now go ahead with purchasing the track and issuing $5 million in star bonds to improve the area around the track.

But those behind the petition aren’t done yet. They will appeal that ruling.

“We think that the Supreme Court will find that we are correct, and that they will find that in deed Mr. Imming’s effort to fight city hall will have been productive,” said Duncan.

Those behind the petition have 30 days to file an appeal with the Kansas Supreme Court. They also say they will not ask the court for a stay on the racetrack.

The city council is expected to speak on what they will do next in regards to the racetrack at the next city council meeting.

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