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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Approval sought of raceway bids

Staff writer

Spokane County moved closer to owning the former Spokane Raceway Park racing complex Friday when a receiver filed a motion in Superior Court recommending sale of the divided property to five high bidders.

Barry Davidson also filed a motion asking Superior Court Judge Robert Austin to decide whether the public has a right to know the names of 18 registered bidders who competed at a public auction alongside Spokane County for 13 parcels owned by Washington Motorsports Ltd.

The Spokesman-Review has requested the names of those who signed up at the April auction to buy the property controlled by the court. The receiver has refused to release the names.

Dates haven’t been set for either motion, but it’s expected the judge will decide within a month whether to approve the sales totaling $8,210,405.

The sale approval motion says the receiver will hold back $1 million for cleanup of a hazardous substance – trichloroethylene, or TCE – found in one of two wells on property the county bought.

Once the court finalizes a list of limited partners and their heirs – called a partnership register – funds from the sale can be disbursed to the investors whose $2.5 million helped develop the raceway in the 1970s. A timetable for that distribution hasn’t been set, but it is expected to at least begin before the end of the year.

Orville Moe, the former operator of the track who still holds a financial interest, refused to turn over to the court a complete, accurate list of 500 to 600 limited partners when a group of them brought a lawsuit in 2003, accusing him of fraud and self-dealing. That suit ultimately led the court to take over control of operations and finances at the racing complex.

Names of four of the five highest bidders were announced the day of the auction, but the identity of the fifth bidder, Marlene Nixon, wasn’t made public until Davidson filed court documents Friday.

Nixon paid $1,326,776 for two parcels of commercially zoned land fronting on Hayford Road, immediately joining the Northern Quest casino, which is owned by the Kalispel Tribe of Indians. She bought a third parcel for an additional $81,306.

Nixon’s hometown and business affiliation aren’t listed in the court motion.

CPM Development Corp., affiliated with Central Pre-Mix concrete, bought two westernmost parcels containing a gravel pit for $1,640,232. George H. Lawrence III and Kelly D. Lawrence bought another frontage parcel for $387,530. Land investor Walter J. Knoff bought three parcels

If the court approves the auction bids, Spokane County could begin cleanup and immediate repairs that are needed if the commissioners decide they want the track opened for limited racing activities this summer, perhaps under an interim operator.

The county bought four contiguous parcels, totaling 570 acres, at the mile-square property that is inside the city limits of Airway Heights.

The county commissioners’ split decision to buy a racing complex – with Todd Mielke and Mark Richard supporting the idea and Bonnie Mager opposed – has been controversial.

As part of his motion asking the judge to approve the sales, the receiver also asked the court to declare any property left at the site as abandoned. That way, the county could move quickly to remove garbage, abandoned cars, three old ambulances and a railroad box car, and raze an assortment of structures.

The receiver also asked the court to declare that all parcels being sold are free and clear of liens.