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NASCAR Sprint-Cup Series
CUP: Appeals Court Refuses To Reconsider Kentucky Speedway Case
The former owners of Kentucky Speedway have lost another round in court...
Bob Pockrass  | http://www.scenedaily.com  |  Posted February 18, 2010   Charlotte, NC
Kentucky Speedway’s founders filed an antitrust case in 2005 against NASCAR and ISC over NASCAR’s decision not to grant the track a Sprint Cup event. (Photo: LAT Photographic)

A 2011 Sprint Cup date at Kentucky Speedway became more likely Thursday after the U.S. Appeals Court For The Sixth District refused to reconsider a ruling in favor of NASCAR and sister company International Speedway Corp. in an antitrust lawsuit filed by former owners of the track.

The refusal means that the former owners now have 90 days to make one last-ditch appeal to the U.S. Supreme Court, which would then decide whether to hear the appeal. No decision has been made whether there would be an appeal to the Supreme Court as infighting among the former owners led to a separate lawsuit on whether the appeals should continue.

“NASCAR is pleased with the court’s ruling, which supports our case, that like other sports such as the NFL, MLB and the NBA, NASCAR can host its events where it decides is best for the sport and its fans," NASCAR spokesman Ramsey Poston said. "NASCAR has created a great racing tradition at Kentucky Speedway featuring races in the NASCAR Nationwide Series and the NASCAR Camping World Truck Series and we look forward to racing there soon.”

The length of time it takes for further appeals could impact the 2011 Sprint Cup schedule. Speedway Motorsports Inc., the current owner of Kentucky Speedway, wants to realign a Cup date to the 1.5-mile oval, but NASCAR officials have said they won’t consider a realignment request until the case is completely over.

The latest appeal was of a Dec. 11 appeals court decision affirming a district court summary judgment ruling in favor of NASCAR and ISC in the case, which was filed in 2005 and alleged that NASCAR and ISC illegally conspired to keep independent tracks such as Kentucky from getting Cup dates.

The three-judge appeals panel based its Dec. 11 decision on the fact that the track founders’ experts did not consider alternative forms of entertainment in trying to prove that NASCAR had a monopoly over a clearly defined market.

The Kentucky Speedway founders had asked for a rehearing by the three-judge panel or the entire 24-member appeals court panel from the Cincinnati-based appeals court. Both requests were denied.

“The panel has further reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case,” the appeals court decision issued Thursday stated.

The founders are split on whether to continue appeals. Former co-owner Richard Duchossois is suing the group’s managing member, Jerry Carroll, over the right to continue the appeals. Carroll has wanted to drop the appeals.

Kentucky Speedway, located about 25 miles south of Cincinnati, opened in 2000 at a cost of $152 million. It was sold to SMI, which is considered a co-conspirator in the case, in a $78.3 million deal completed in December 2008.

Kentucky Speedway’s founders seek more than $200 million in damages and are asking for the France family, which controls both NASCAR and ISC, to sell off NASCAR and/or most of its tracks and for new criteria to be created for awarding Sprint Cup race dates.

According to court documents, NASCAR, the sport’s sanctioning body, is owned privately by Jim France, the brother of the late Bill France Jr., and Lesa France Kennedy, daughter of Bill France Jr. and sister of NASCAR Chairman Brian France.

ISC is a publicly traded company, the majority of whose stock is owned by members of the France family. ISC has 19 of the 36 Sprint Cup events at its 12 tracks, while SMI has 12 races at seven tracks. The other five races are held at independent facilities.

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Bob Pockrass

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