Heartland Motorsports Park responds to pending litigation against Shawnee Co.

TOPEKA, Kan. (WIBW) - Heartland Motorsports Park releases its thoughts on pending litigation after commissioners claim that no taxes have been paid on the park property since 2017.

“We remain disappointed by the continued false narrative from Shawnee County regarding Heartland Motorsports Park. By way of example, since time of purchase, the “County staff” has never offered Heartland of Sheldy Development “tax incentives assistance”. Commissioners further imply in their letter to the public that Heartland and Shelby, not accepting the never offered tax incentives, now deserve to be taxed out of business resulting in the property and facility having been devalued to essentially minimal market value.
Shelby and staff have successfully owned and operated Heartland for seven years, unlike previous operators. While the County knows or should have known this fact related to Heartland’s history, the Shawnee Co. Appraiser has repeatedly overvalued the property, now sitting at approximately four times its actual market value and purchase price in 2016. the County Appraiser’s latest efforts to close Heartland include raising property taxes in 2023 by another 30%. No critically thinking citizen of Shawnee County would buy into such foolishness.
The Commissioners hide behind the “lawyer speak” and assert they are not allowed to act and correct the County Appraiser’s disingenuous conduct; yet the Commissioners do not require the County Appraiser to follow the law. We remain of the opinion that all years of the valuations may be resolved by the settlement of the pending case. The law is not a menu that one should pick and choose from.
No buyer or investor would purchase the property with now $1,400 per day tax liability on top of daily operating expenses of management, staff, utilities, maintenance, repairs, insurance, equipment, supplies, and more, as property taxes alone are more than the property is worth.
Unfortunately, the wheels of justice turn slowly, and Shawnee County has succeeded in running Heartland Motorsports Park out of business before a potential trial can occur. Hundreds of local part-time and full-time men and women employed by Heartland, NHRA Nationals, and the Country Stampede will no longer have a job. The Community will not have several of the state’s largest events. Hundreds of thousands of spectators, fans, racers, crew, and vendors will no longer come to the City of Topeka of the State of Kansas to enjoy these events and support the local economies.
The Commissioner’s statement “We should like to confirm our support for the Heartland Motorsports Park in our local community” is a shallow gesture to cover their tracks. The only positive action by Commissioners for Heartland and Shelby is to now insert themselves personally into pending litigation. We anxiously await the State Appellate Court decision to allow us our day in court with trial by a jury of our peers. If that appeal is not successful, then the course has been set. As a practical matter, it may have been set already. As our counsel has previously observed, the die has been cast.”
Chris Payne, Managing Member, Shelby Development, LLC

On May 18, County Commissioners said the board will support the park and will find ways to promote economic development, but Heartland’s statement shows the owners do not agree with the statement. According to the commission, Commissioners said Shelby Development was encouraged by elected officials to seek tax incentive aid, but Commissioners claim Mr. Payne said back in 2017 “I’ve never asked for or wanted a handout, including tax exemptions or abatements. I expected to do my part as a property and business owner, which means paying taxes.”

The lawsuit was filed back in 2019 by the owners of Heartland Motorsports Park against the county but was later dismissed by the Shawnee Co. District Court. The case now goes to the Kansas Court of Appeals.

Copyright 2023 WIBW. All rights reserved.