Churchill’s Turf Course ‘Getting Better By The Day,’ On Track For Aug. 13 Arlington Million Card

Churchill Downs' new $10 million turf course, problematic earlier this year during the track's spring meet, has improved and is on track to be used on the Aug. 13 Arlington Million card, officials told the Daily Racing Form this week.

“The course is getting better by the day – way better,” Churchill racing secretary Ben Huffman told DRF. “It's greener, more lush, more filled out, more mature. All the rain we're having is certainly welcome. Plus we still have more than two weeks until race day. Knock on wood, but, yes, everyone is comfortable with where we are.”

Churchill Downs began work on what company officials said was a $10-million investment in the new course last July, a project that included widening the surface and removing a crown that made the outer portion of the course unusable. The crown is designed to help drainage, but a new subsurface drainage system eliminated the need for it.

Racing on turf at Churchill Downs was initially paused June 11, one day after Gingrich, a 3-year-old Mr. Speaker colt, suffered a catastrophic injury to a foreleg while racing on the lead inside the eighth pole of a $50,000 claiming race on turf.

Churchill officials opted to suspend racing over the turf for four stakes events on Stephen Foster weekend beginning July 2; instead one race was canceled and the other three were moved to the main track.

Training is scheduled for the recovering turf course later this week.

Churchill has accepted nominations for four turf stakes on the Aug. 13 card: the $1 million, Grade 1 Arlington Million (35 nominees); the $500,000, Grade 1 Beverly D. Stakes (29 nominations); the $300,000, Grade 2 Secretariat Stakes (25 nominations); and the $200,000, Grade 2 Pucker Up Stakes (32 nominations).

The Arlington Million card, featuring stakes races that were previously run at Arlington Park, is being held at Churchill Downs after parent company Churchill Downs, Inc. shuttered Arlington Park last fall.

Read more at the Daily Racing Form.

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Proposed $5M Zayat Settlement Gives Only $30K to ‘Unsecured’ Claimants

The court-appointed trustee in the nearly two-year-old Zayat Stables involuntary bankruptcy case is proposing a settlement in which Ahmed Zayat and his family members would pay $5 million to be allocated between MGG Investment Group and the trustee.

Of that amount, only $30,000 is earmarked to eventually go to “unsecured creditors,” some of whom are Thoroughbred industry participants owed money by Zayat Stables and are much further down the legal pecking order for otherwise getting repaid.

MGG will also get a disbursement from the funds in the bankruptcy trustee's account amounting to $1,025,145.

In return, MGG–the lender that alleged Zayat and his family members obtained a $24 million loan by fraud in 2016 then never repaid it–will issue a “waiver” giving up any further pursuit of the total $27.1 million total amount it had been seeking as a secured creditor.

MGG has also agreed to return $452,500 of the settlement money it gets from the “Zayat Parties” to the trustee, which will provide for the above-mentioned $30,000 “carve-out” that gets set aside to pay unsecured creditors.

The trustee will then be permitted to use $185,981 of that MGG payment to cover “administrative obligations” that the estate has incurred.

“[E]ntry into the Settlement Agreement serves the paramount interest of the creditors of the Debtor's estate,” trustee Jeffrey Testa wrote in a July 26 series of documents filed in United States Bankruptcy Court (District of New Jersey). “Resolution of the claims by and between the Chapter 7 Trustee MGG and the Zayat Parties through the Settlement Agreement represents a successful outcome for the Debtor's creditors.”

Not every creditor is going to agree with the trustee on that “successful outcome” statement.

Drew Mollica, the attorney for New York-based trainer Rudy Rodriguez, told TDN in a phone interview that his client has an unsecured claim of $397,000, and the $30,000 set aside for all unsecured claimants amounts only to a “drop in the bucket” for what Rodriguez is owed.

“Although I don't know all of the details and I'm going to reach out to the trustee, it seems the only carve-out for anybody but MGG is $30,000, Mollica said. “And all of the other unsecured claimants are in the same boat.”

It's important to note that this involuntary bankruptcy petition involving Zayat Stables is different from the Chapter 7 personal bankruptcy claim that the allegedly impoverished breeder and owner of Triple Crown champ American Pharoah initiated Sept. 8, 2020, when he claimed to own just $300 in cash and $14.22 in two checking accounts.

Six days later, on Sept. 14, 2020, an involuntary bankruptcy petition led by Zayat's former financial advisor was initiated against Zayat's family racing business.

Involuntary bankruptcy proceedings are relatively uncommon in United States courts. They are designed to protect creditors, not debtors, and are often filed against companies (as opposed to individuals) as an attempt to get paid when it is believed that a firm is rapidly burning through assets and/or financial malfeasance is alleged.

The trustee could have elected to keep battling MGG to try and whittle down the sought-after $27.1 million. But Testa explained in court documents that the proceedings had reached a point where resistance equated to a losing proposition for the estate.

“Litigation against MGG would involve sufficiently complex legal and factual issues, particularly regarding the substance of complex loan documents and the establishment of lender liability, which would require protracted hard-fought and arduous litigation and significant expert costs,” Testa wrote.

“In addition, as a result of MGG's properly-perfected status and outstanding amounts owed to it, the Chapter 7 Trustee has no encumbered funds to fight such a taxing battle,” Testa wrote.

“As to the Zayat Parties, litigation against them would be equally challenging, demanding, complex, and come at significant additional cost and delay,” Testa wrote. “In addition, based on the litigious history of this proceeding, any judgment obtained would almost certainly be subject to an appeal.

“The Settlement Agreement avoids these obstacles in favor of a prompt and efficient resolution without the need to expend further estate resources,” Testa wrote.

Other family members of Ahmed Zayat (identified in court documents as his wife, Joanne; four children, Justin, Ashley, Benjamin and Emma, plus a brother, Sherif) are on the hook for contributing to the $5-million settlement payment because, Testa wrote, “The Zayat Parties strenuously asserted that to their detriment they provided funds to Zayat Stables in an effort to keep the entity operating [by contributing] approximately $2.5 million more to Zayat Stables than the transfers they had received from Zayat Stables.”

The proposed settlement agreement even includes a section related to who gets the trophies and other racing mementos that the trustee has been storing since their seizure from the under-receivership Zayat Stables offices.

“Zayat and several of the Zayat Parties objected to the removal of the Memorabilia based upon the position that the Memorabilia were not estate property,” Testa wrote.

The trustee added that he now considers that property “abandoned,” which likely means that Zayat can reclaim it.

“So it looks like he keeps the trophies, and the horsemen who earned the trophies get nothing,” Mollica said.

The next step in the process is for the court to approve the settlement. If other parties file an objection by Aug. 16, then an Aug. 23 hearing will take place to hear the objection(s). If no one objects, the court will enter a notice of “no objection” and the settlement will be completed as proposed.

Asked if he would be objecting on behalf of Rodriguez, Mollica said, “I'll know more after I reach out to the trustee. I'll reserve my right.”

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Fayette Alliance, Community Members File Legal Appeal Over Approval Of Lexington Soccer Complex

The following statement was released on Wednesday, July 27, by the below-listed members of the community in Lexington, Ky., in response to the approval for a soccer complex in an agriculture-rural zone which had been home to the Ashwood Training Center on Russell Cave Road.

The site plan has the soccer fields located where the training track sits and near the southeast border of Fasig-Tipton Kentucky's sale grounds. The fields are adjacent to trainer Ken McPeek's Magdalena Farm. The site plan also calls for 750 parking spaces. 

There have been questions about the relationship between the proposed recreational fields and an “anticipated” commercial stadium for a USL League One professional soccer franchise that is coming to Lexington in 2023. Plans for a downtown soccer stadium have fallen through and no new plans have been announced. The site plan does not include a stadium, though the Division of Planning staff said “separation between the uses” (recreational soccer fields and pro stadium) should be more “clearly delineated.” William J. Shively, owner of Dixiana Farm in Lexington, brought the franchise to Lexington. Vince Gabbert, a former vice president at Keeneland, is the soccer franchise president.

Fayette Alliance, Greg Goodman, Don Robinson, and Lisa Lourie on Monday filed a legal appeal against the Lexington-Fayette County Board of Adjustment's approval of a conditional use proposal by Anderson Communities in conjunction with and on behalf of Lexington Sporting Club to develop intense commercial soccer facilities on property located in the Agricultural-Rural (A-R) zone.

Fayette Alliance has also filed an Open Records Request to uncover additional information regarding the process by which recommendations for approval were made and ultimately adopted.

“This proposal threatens Lexington's signature agricultural and equine industries by reversing course on the historic land-use precedent that protects the land they depend on from inappropriate urban development – something our community has honored for decades,” said Fayette Alliance Executive Director Brittany Roethemeier. “Not only did the Board of Adjustment dismiss the earnest testimony of dozens of concerned citizens and hundreds of letters written in opposition, but they also ignored all of the most protective of the Planning Staff's 19 recommended conditions of approval that were designed to mitigate the adverse consequences generated by the soccer complex. Fayette Alliance questions the legal basis for the approval of this proposal, and we look forward to making our case against it in court on behalf of the entire Lexington-Fayette community.”

“The purpose of the A-R zone is to preserve the rural character and nationally significant soils that are synonymous with the Lexington we know and love. We are therefore disturbed by the approval of this disruptive proposal, especially given the substantial amount of unrebutted testimony about safety concerns over existing roadway capacity and adverse environmental impacts,” Bruce Simpson of Rose Grasch Camenisch Mains PLLC said. “The entire process has lacked transparency and buy-in from the community.”

Anderson Communities failed to present any studies or traffic management plans at the hearing and did not engage with the Division of Traffic Engineering beforehand. Additionally, the Board ignored a local law requiring them to review “potential impacts to any identified environmentally sensitive area,” such as the millions of gallons of polluted stormwater that the development would generate and feed into nearby Cane Run Creek. Nevertheless, the conditional use request was approved without requiring the applicant address the concerns raised during an environmental expert's testimony.

On Thursday, the Planning Commission will consider two zoning ordinance text amendments (ZOTAs) that would permit lights, concessions and retail sales at the Newtown site as well as a 10,000-person stadium, thousands of surface parking spaces and intense commercial use in the nearby Economic Development zone. Approval of these ZOTAs would bring forth a cascade of unintended consequences to the detriment of the indispensable Bluegrass farmland that has supported this community's sustainable and responsible growth since it came under protection in 1958. Together, these proposals constitute an alarming departure from Lexington's history of responsible land use and policy decisions informed by careful consideration of both intended and unintended consequences for the community.

About Fayette Alliance
Fayette Alliance is a non-profit dedicated to achieving sustainable, equitable growth in Lexington-Fayette County through land-use advocacy, education, and research. Fayette Alliance believes that preserving our unique and productive Bluegrass farmland, advancing innovative development, and improving our infrastructure are essential to our collective success. Through efforts at government and beyond, Fayette Alliance positively impacts countywide planning and zoning laws and policies – which are the building blocks of a better quality of life, economy, and environment for Lexington.

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