Kelly Hayes & Rachael Kimola - CASTANET Feb 2, 2009
Barring a miracle, the Kin racetrack in Vernon is headed for the home stretch with little or no chance of returning. A legal battle between the race track and the City of Vernon is heating up after a notice to vacate the premise was recently issued to the race track. Ed Woolley, president of the Okanagan Equestrian Society, says the dispute over the track land started many years ago. “Originally the land the track is on was owned by the society and many years ago the board at the time decided to turn the land over to the city in exchange for certain concessions. The city could use it for other things, such as a football field, with the conditions that they allowed the continued operation as a racetrack and for other equestrian activities. The board at the time received an acknowledgment saying that they had continually renewed five year leases,” says Woolley. He says the lease was renewed a couple of times before being denied by the city a few years ago. “A few years back and the city refused to renew the lease and informed us they had decided to use the land for alternate purposes, contrary to what we say was the trust created back at the time the land was turned over to the city. So that’s where the dispute is, saying the land was given to the city to protect it’s future interests as a race track and the city’s view is that it’s their land and they should do with it as they wish.” Woolley says he is surprised by the timing of the notice to vacate, considering the society and the City are in mediation talks. “This seems to run contrary to the tone and intentions of mediation in that you usually back the legal process a little bit to see if you can find a resolution. By instituting this additional legal process while we’re in this mediation, it makes us question as to whether they are proceeding with good faith in the mediation process.”
Vernon mayor, Wayne Lippert, says they have to consider the best use of the land for the public. “Through this mediation process there was a determination to do a survey to see what was available for other locations, or to see if it could merge with another horse race site within the area, whether it be something like Osoyoos or Kamloops, that could help make the horse race industry more viable, so you’d have one viable facility instead of a few smaller ones that are struggling,” says Lippert. He says the popularity of online betting has had an impact on the track. “The laws changed so that horse race betting was allowed in off the track, online or in some pubs. It gave people the ability to bet on the horse races without having to be at the track.”
Lippert says issuing the vacate notice was a way of keeping the process going. “It gives some sort of end date, so the rest of the citizens can have some sort of plan to do something else on that property. We have been having a lot of pressure there to have some other sports facility, be it football or track or what have you.”
Barring a miracle, the Kin racetrack in Vernon is headed for the home stretch with little or no chance of returning. A legal battle between the race track and the City of Vernon is heating up after a notice to vacate the premise was recently issued to the race track. Ed Woolley, president of the Okanagan Equestrian Society, says the dispute over the track land started many years ago. “Originally the land the track is on was owned by the society and many years ago the board at the time decided to turn the land over to the city in exchange for certain concessions. The city could use it for other things, such as a football field, with the conditions that they allowed the continued operation as a racetrack and for other equestrian activities. The board at the time received an acknowledgment saying that they had continually renewed five year leases,” says Woolley. He says the lease was renewed a couple of times before being denied by the city a few years ago. “A few years back and the city refused to renew the lease and informed us they had decided to use the land for alternate purposes, contrary to what we say was the trust created back at the time the land was turned over to the city. So that’s where the dispute is, saying the land was given to the city to protect it’s future interests as a race track and the city’s view is that it’s their land and they should do with it as they wish.” Woolley says he is surprised by the timing of the notice to vacate, considering the society and the City are in mediation talks. “This seems to run contrary to the tone and intentions of mediation in that you usually back the legal process a little bit to see if you can find a resolution. By instituting this additional legal process while we’re in this mediation, it makes us question as to whether they are proceeding with good faith in the mediation process.”
Vernon mayor, Wayne Lippert, says they have to consider the best use of the land for the public. “Through this mediation process there was a determination to do a survey to see what was available for other locations, or to see if it could merge with another horse race site within the area, whether it be something like Osoyoos or Kamloops, that could help make the horse race industry more viable, so you’d have one viable facility instead of a few smaller ones that are struggling,” says Lippert. He says the popularity of online betting has had an impact on the track. “The laws changed so that horse race betting was allowed in off the track, online or in some pubs. It gave people the ability to bet on the horse races without having to be at the track.”
Lippert says issuing the vacate notice was a way of keeping the process going. “It gives some sort of end date, so the rest of the citizens can have some sort of plan to do something else on that property. We have been having a lot of pressure there to have some other sports facility, be it football or track or what have you.”
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