Attorney seeks to block raceway hearing
A Seattle attorney filed legal documents with the Washington state Supreme Court shortly before 5 p.m. Wednesday, asking for an emergency stay blocking a court hearing today where a Superior Court judge could formalize the sale of Spokane Raceway Park to Spokane County.
The state’s highest court would have to issue such an emergency order before 2 p.m. to prevent Superior Court Judge Robert Austin from proceeding with the hearing. The judge is scheduled to act on court receiver Barry Davidson’s motion recommending approval of the highest bids for the park from an April auction.
Spokane County walked away with four parcels, including the drag strip, oval track and road course, with a high bid of $4.3 million for 314 acres. The county can’t take formal ownership until the judge rules whether to approve the auction results. Four other businesses and individuals bought the remaining 256 acres owned by a limited partnership, Washington Motorsports.
“If Judge Austin is allowed to confirm the auction sale, like it is expected he will, the Washington Motorsports Ltd., unit holders and parties in interest will be irreparably injured …” said the motion for the emergency order filed by attorney Jerome Shulkin.
Further, his motion argued, if the Spokane judge approves the sale of the raceway in 13 parcels, “the ultimate value of the property will be extremely diminished.”
Shulkin asked the state’s highest court to intervene and stop the lower court from approving the auction until appeals courts can hear arguments on the judge’s refusal to recuse himself from the issue. Last week, Austin agreed to step aside and appoint a special master, but reversed himself a day later and rescheduled finalization of the sale for today.
The judge said the legal filings by three limited partners whom Shulkin represents were “designed to annoy, harass and delay the proceedings” and ultimately cost all the shareholders more in legal bills. He said there was no legal basis for him to step aside from the civil case he’s handled for five years.
Shulkin is the attorney for Robert Kovacevich, a Spokane attorney and longtime business partner of deposed raceway park operator Orville Moe, and limited partners Steve West, of Seattle; Daryl Stokes, of Spokane; and Bill Eastlick, of Longview.