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Report: Losing Bidder Files Suit Over Miller Motorsports Park Sale
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A company that lost out on the bidding for Miller Motorsports Park has filed a lawsuit in district court against Tooele County and the new owner of the 511-acre property, according to the following report published this week in The Salt Lake Tribune.
Center Point Management of Wyoming claims the proposed purchase of Miller Motorsports Park violated local and state law, which prohibits the sale of county-owned land "for anything less than full and an adequate consideration."
The county's decision to sell Miller Motorsports Park to the China-based Mitime Investment and Development group for $20 million "deprived [the] plaintiff of fair and lawful consideration of its competing bid."
In August, the Tooele County Commission announced it had received inquiries from "multiple suitors" before selling to Mitime. Commissioner Wade Bitner said the county listened to "proposals, not bids" during the process.
Mitime has promised to make additional investments in Miller Motorsports Park while keeping it open for racing. It is not known what Center Point Management planned to do with the property, although Andrew Cartwright told Fox News his group offered $27 million.
In its lawsuit, Center Point Management claims Tooele County is legally prohibited from selling to Mitime based on the company's promises to make large financial investments in Miller Motorsports Park. The promises are too vague to include in the consideration process, the lawsuit claims.
"Mitime's promise … regarding future development of the property is unenforceable, illusory and is of no clear, certain or present benefit to the county," the lawsuit says.
Center Point Management also claims Mitime Investment's bid for the Miller Motorsports Park offered the lowest purchase price of all proposals submitted Tooele County.
The lawsuit asks the court to enjoin or set aside the sale.
Miller Motorsports Park was opened in 2006 by Larry H. Miller. Earlier this year, the LHM Group of Companies announced it was getting out of the racetrack business.
Center Point Management of Wyoming claims the proposed purchase of Miller Motorsports Park violated local and state law, which prohibits the sale of county-owned land "for anything less than full and an adequate consideration."
The county's decision to sell Miller Motorsports Park to the China-based Mitime Investment and Development group for $20 million "deprived [the] plaintiff of fair and lawful consideration of its competing bid."
In August, the Tooele County Commission announced it had received inquiries from "multiple suitors" before selling to Mitime. Commissioner Wade Bitner said the county listened to "proposals, not bids" during the process.
Mitime has promised to make additional investments in Miller Motorsports Park while keeping it open for racing. It is not known what Center Point Management planned to do with the property, although Andrew Cartwright told Fox News his group offered $27 million.
In its lawsuit, Center Point Management claims Tooele County is legally prohibited from selling to Mitime based on the company's promises to make large financial investments in Miller Motorsports Park. The promises are too vague to include in the consideration process, the lawsuit claims.
"Mitime's promise … regarding future development of the property is unenforceable, illusory and is of no clear, certain or present benefit to the county," the lawsuit says.
Center Point Management also claims Mitime Investment's bid for the Miller Motorsports Park offered the lowest purchase price of all proposals submitted Tooele County.
The lawsuit asks the court to enjoin or set aside the sale.
Miller Motorsports Park was opened in 2006 by Larry H. Miller. Earlier this year, the LHM Group of Companies announced it was getting out of the racetrack business.
