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Magna Asks To Auction Md. Tracks

Bidders Must Vow To Keep Preakness Here, Court Told

October 13, 2009|By Robert Little , robert.little@baltsun.com

Magna Entertainment Corp., owner of Pimlico Race Course and Laurel Park, has asked a bankruptcy judge for permission to auction its Maryland racetracks early next year, under the condition that potential buyers promise not to move the cherished Preakness out of the state.

The prospect of Maryland's marquee horse-racing event being ripped away by out-of-state buyers prompted state lawmakers to pass a law earlier this year granting the government rights to seize the Preakness under eminent domain - and Magna alleged in court papers last week that state intervention is unconstitutional and creates a "chilling effect" on its efforts to sell the Maryland tracks.

But with Magna's request that bidders pledge to leave the race in Maryland, government leaders were optimistic that Maryland will keep its Triple Crown jewel without a fight.

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"I am pleased that Magna recognizes the importance of keeping the Preakness here in Maryland, where it belongs and has been for over 100 years," Gov. Martin O'Malley said in a statement.

"Maryland has a rich tradition of horse racing and horse breeding," he continued, "and these industries generate thousands of jobs and millions of dollars for our local economy each year."

Magna, which is incorporated in Delaware but whose main office is in Ontario, Canada, filed for bankruptcy-law protection in March, and a sale of its Maryland racetracks has been contemplated since.

The company withdrew a proposal to auction the tracks this summer, and documents filed with the bankruptcy court Friday offered a new timeline for a potential sale.

In asking for a Jan. 8 auction date Magna also asked for a Nov. 2 deadline for potential buyers to submit bids. That would allow any potential sale to comply with the contested state law, which gives the government 60 days to review a deal and step in with its own purchase of the Preakness. In its court papers, Magna said it reserves the right to contest the law but proposed the time frame in the spirit of compliance.

Calls to Magna and the Maryland Jockey Club, which manages the local tracks, were not returned late yesterday. Magna's request could be considered by the bankruptcy judge as early as Wednesday.

The second race in horse racing's Triple Crown, the Preakness has been run at Pimlico, on the third Saturday in May, since 1909. Attendance at this year's race was the lowest in more than 25 years - a drop attributed largely to a new rule prohibiting fans from bringing alcoholic beverages - but the event is nonetheless regarded as an economic and marketing boon for the state.

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