donthekawguy
04-01-2007, 09:32 PM
Orville filed a suit on 6-13 or something like that claiming everyone is trying to screw him over. LOL GOOD ONE! Oh the Indians are also filing suit saying they want the entrance road and 10 acres of SRP. It's going away one piece at a time.
Orville Moe Says Conspirators Seek to Grab Business: Raceway Park Figure Sues Firm's Receiver
From: The Spokesman-Review | Date: 3/16/2007
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Mar. 16--Three years into a legal fight that forced his ouster from Spokane Raceway Park, Orville L. Moe has filed a countersuit alleging, among other things, that he is the victim of a civil conspiracy.
The 70-year-old businessman filed the Superior Court suit last week against 10 named individuals, including court-appointed receiver Barry Davidson, who is a Spokane attorney.
Davidson was named in June 2005 to assume financial control of the Airway Heights racing complex after Judge Robert Austin concluded Moe had committed financial irregularities and wasn't representing the interests of limited-partner investors.
Other defendants in the new suit filed by Moe are his brother and nephew, Maynard and Troy Moe; Terry Dunne; Donald Materne; Daniel McKinney; Ed Torrison; attorneys John Giesa, Aaron Goforth and Michael Esler; the law firms of Reed & Giesa and Esler, Stephens & Buckley; and 50 unnamed defendants.
Orville Moe's suit seeks unspecified damages for alleged breach of fiduciary duty; breach of good faith and fair dealing; breach of loyalty; constructive fraud and civil conspiracy.
Moe did not return a telephone call on Thursday seeking comment.
Materne and Torrison, both Spokane businessmen, were the lead plaintiffs in a 2003 lawsuit filed against Moe on behalf of 600 limited partners and their heirs.
Those investors allege they were cheated out of $2.5 million they invested in Washington Motorsports Limited in the early 1970s to help build the racing complex that's now within the city limits of Airway Heights. Giesa and Goforth are attorneys for the plaintiffs.
As the suit by the limited partners advanced, Davidson was named to take over financial operations of the race track from Moe. The following year, Moe was banned from the facility and later found in contempt of court for failing to follow the judge's orders.
Now, in his new suit, Moe contends he was the victim of a conspiracy.
"The defendants and unnamed co-conspirators devised a plan to take over ownership of Spokane Raceway Park and Washington Motorsports through illegal and fraudulent means," Moe said in the suit filed by his new attorney, William L. Baker.
"The purpose of the plan was to unfairly compete with Washington Motorsports and Spokane Raceway Park by forcing it into a receivership and to misappropriate its confidential business information and trade secrets during the course of the litigation ..." the suit says.
With that information, the suit alleges, the defendants would "establish a competing business to acquire Washington Motorsports assets for an amount far below market value through illegal and wrongful means."
Davidson, the lead defendant in the new suit, suggested Thursday he quickly will move to have Moe's latest suit dismissed.
"We certainly feel it is absolutely without any merit whatsoever," Davidson said.
Similar comments about Moe's latest legal maneuver came from Giesa. "I expect that this lawsuit will be very short-lived," said the attorney who represents the limited partners and the receiver.
Troy Moe, who has helped coordinate the legal action of the limited partners against Orville Moe, said he had not been served with the new suit and had not read it.
As receiver, Davidson is expected to seek court approval later this year to sell the assets of Washington Motorsports to return the investments made by the limited partners and Orville Moe, whose corporation, Spokane Raceway Park Inc., was the general partner.
But before any court-authorized sale would occur, the receiver would have to get an appraisal of the facility, establish its market value and develop a court-approved list of shareholders.
The receiver is attempting to sort out who owns stock in the facility to develop the list of shareholders by the end of this year. Hearings before Austin are scheduled on March 30 and April 13 to adjudicate ownership in disputed stock.
In a related legal matter, a March 23 hearing will be held in Austin's court where the judge will be asked to approve a mediated settlement to lawsuits between the Kalispel Tribe of Indians and Washington Motorsports and Spokane Raceway Park.
Under the proposed settlement, the tribe would pay about $2.5 million to Washington Motorsports and be given title to a narrow 2.9-acre strip of land known as the "pit access road." As part of the same deal, the tribe would relinquish any ownership in another 10-acre parcel of land within the boundaries of the approximately 600-acre site owned by Washington Motorsports.
-----
Copyright (c) 2007, The Spokesman-Review, Spokane, Wash.
Distributed by McClatchy-Tribune Business News.
For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
Copyright 2007 The Spokesman-Review
This material is published under license from the publisher through YellowBrix, Alexandria, Virginia. All inquiries regarding rights should be directed to YellowBrix.
For permission to reuse this article, contact Copyright Clearance Center.
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Orville Moe Says Conspirators Seek to Grab Business: Raceway Park Figure Sues Firm's Receiver
From: The Spokesman-Review | Date: 3/16/2007
Print Digg del.icio.us
Mar. 16--Three years into a legal fight that forced his ouster from Spokane Raceway Park, Orville L. Moe has filed a countersuit alleging, among other things, that he is the victim of a civil conspiracy.
The 70-year-old businessman filed the Superior Court suit last week against 10 named individuals, including court-appointed receiver Barry Davidson, who is a Spokane attorney.
Davidson was named in June 2005 to assume financial control of the Airway Heights racing complex after Judge Robert Austin concluded Moe had committed financial irregularities and wasn't representing the interests of limited-partner investors.
Other defendants in the new suit filed by Moe are his brother and nephew, Maynard and Troy Moe; Terry Dunne; Donald Materne; Daniel McKinney; Ed Torrison; attorneys John Giesa, Aaron Goforth and Michael Esler; the law firms of Reed & Giesa and Esler, Stephens & Buckley; and 50 unnamed defendants.
Orville Moe's suit seeks unspecified damages for alleged breach of fiduciary duty; breach of good faith and fair dealing; breach of loyalty; constructive fraud and civil conspiracy.
Moe did not return a telephone call on Thursday seeking comment.
Materne and Torrison, both Spokane businessmen, were the lead plaintiffs in a 2003 lawsuit filed against Moe on behalf of 600 limited partners and their heirs.
Those investors allege they were cheated out of $2.5 million they invested in Washington Motorsports Limited in the early 1970s to help build the racing complex that's now within the city limits of Airway Heights. Giesa and Goforth are attorneys for the plaintiffs.
As the suit by the limited partners advanced, Davidson was named to take over financial operations of the race track from Moe. The following year, Moe was banned from the facility and later found in contempt of court for failing to follow the judge's orders.
Now, in his new suit, Moe contends he was the victim of a conspiracy.
"The defendants and unnamed co-conspirators devised a plan to take over ownership of Spokane Raceway Park and Washington Motorsports through illegal and fraudulent means," Moe said in the suit filed by his new attorney, William L. Baker.
"The purpose of the plan was to unfairly compete with Washington Motorsports and Spokane Raceway Park by forcing it into a receivership and to misappropriate its confidential business information and trade secrets during the course of the litigation ..." the suit says.
With that information, the suit alleges, the defendants would "establish a competing business to acquire Washington Motorsports assets for an amount far below market value through illegal and wrongful means."
Davidson, the lead defendant in the new suit, suggested Thursday he quickly will move to have Moe's latest suit dismissed.
"We certainly feel it is absolutely without any merit whatsoever," Davidson said.
Similar comments about Moe's latest legal maneuver came from Giesa. "I expect that this lawsuit will be very short-lived," said the attorney who represents the limited partners and the receiver.
Troy Moe, who has helped coordinate the legal action of the limited partners against Orville Moe, said he had not been served with the new suit and had not read it.
As receiver, Davidson is expected to seek court approval later this year to sell the assets of Washington Motorsports to return the investments made by the limited partners and Orville Moe, whose corporation, Spokane Raceway Park Inc., was the general partner.
But before any court-authorized sale would occur, the receiver would have to get an appraisal of the facility, establish its market value and develop a court-approved list of shareholders.
The receiver is attempting to sort out who owns stock in the facility to develop the list of shareholders by the end of this year. Hearings before Austin are scheduled on March 30 and April 13 to adjudicate ownership in disputed stock.
In a related legal matter, a March 23 hearing will be held in Austin's court where the judge will be asked to approve a mediated settlement to lawsuits between the Kalispel Tribe of Indians and Washington Motorsports and Spokane Raceway Park.
Under the proposed settlement, the tribe would pay about $2.5 million to Washington Motorsports and be given title to a narrow 2.9-acre strip of land known as the "pit access road." As part of the same deal, the tribe would relinquish any ownership in another 10-acre parcel of land within the boundaries of the approximately 600-acre site owned by Washington Motorsports.
-----
Copyright (c) 2007, The Spokesman-Review, Spokane, Wash.
Distributed by McClatchy-Tribune Business News.
For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
Copyright 2007 The Spokesman-Review
This material is published under license from the publisher through YellowBrix, Alexandria, Virginia. All inquiries regarding rights should be directed to YellowBrix.
For permission to reuse this article, contact Copyright Clearance Center.
Print Digg del.icio.us
Browse by alphabet:
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
Need more research?
More information is at your fingertips at HighBeam Research:
Encyclopedias, Dictionaries and Reference works
News and articles
Web results
HighBeam™ Research, Inc. © Copyright 2007. All rights reserved.
About Us|Advertise with Us|Contact|Help|Privacy Policy|Terms & Conditions