Breach Of Contract Ruling Appealed

Published: January 7, 2011 11:57 am EST

It has been reported that the Bluegrass Equine and Tourism Foundation is appealing a ruling by Franklin Circuit Court Judge Phillip Shepherd in which a breach-of-contract lawsuit by the foundation against the State of Kentucky was

thrown out.

The article explains that in 2008 the state terminated a contract for the foundation to build a hotel at the Kentucky Horse Park for the 2010 Alltech FEI World Equestrian Games because financing had not been secured.

"We are surprised and disappointed that Judge Shepherd ignored the legal issues before the court and chose instead to criticize the Bluegrass Equine and Tourism Foundation's role in developing the hotel for the benefit of Kentucky's taxpayers," lead developer Brad Burgess said in a statement. "None of the personal attacks he included in his opinion are relevant to the legal issues before the court. Suggesting that politics played a role in our being awarded the contract ignores the fact that we participated in and fully complied with the state's bidding process, and won it fair and square."

Burgess contends the state cancelled the project without cause. "All the commonwealth has done is incur penalties set forth in the contract, as the appeals process will show," his statement said.

(With files from Lexington Herald-Leader)

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