MINOR SUES BRUNETTI

By Ray Paulick
Thoroughbred owner and Internet entrepreneur Halsey Minor showed he isn’t willing to take “no” for an answer from John Brunetti in his efforts to revitalize South Florida’s dormant Hialeah Park, claiming in a lawsuit filed Monday against Brunetti and the city of Hialeah that Brunetti is not the rightful owner of the historic racetrack.

Click here for a copy of the lawsuit, which was filed in Circuit Court of the 11th Judicial Circuit for Miami-Dade County.

The complaint, filed by Minor and Save Hialeah Racing Inc., a Florida not-for-profit corporation that Minor said includes Hialeah residents and members of South Florida preservation groups, is seeking to nullify the 2004 property deed transfer from the city to Brunetti. The suit claims the city had no lawful authority to transfer ownership because Brunetti failed on several counts to live up to terms of the lease-with-an-option-to-buy agreement and that residents of Hialeah were never given an opportunity to vote on the property transfer in a city charter-mandated referendum.

Minor was rebuffed after first approaching Brunetti last summer with a proposal to purchase and restore the track to its former condition as the “grand dame” of South Florida racing. Brunetti had operated the track since 1977, when a Brunetti company, Hialeah Inc., and the city of Hialeah entered into a lease-purchase agreement. The agreement, the suit claims, required Hialeah Inc. to offer live Thoroughbred racing, hold a pari-mutuel permit from the state, and “maintain the property and to make all repairs necessary to keep the property, buildings, fixtures, and improvements in the same condition as on the day the least agreement was signed.”

Hialeah has not run a live race since May 22, 2001, after which it lost its pari-mutuel permit, and its stable area has been torn down. Significant damage occurred when Hurricane Wilma hit Florida in 2005. The suit does not address who would be entitled to any of the insurance claims Hialeah Inc., or an affiliated real estate company, Bal Bay Realty, may have received following Wilma.

Minor, who has residences in Virginia and (like Brunetti) California, is president of Save Hialeah Inc., which a press release said was formed to “educate the public regarding the value of continued Thoroughbred horse racing in South Florida.” Restoration of the track and resumption of live Thoroughbred racing will be to the “benefit of the citizens of Hialeah and the rest of Florida, as well as the millions of annual visitors to Florida," the press release states.

Hialeah Park is listed on the National Register of Historic Places, and in 2007 the National Trust for Historic Preservation listed Hialeah Park as one of the 11 most endangered historic places in the United States.

Included in the suit is a claim the charter for the city of Hialeah “provides that the city shall not give, donate, sell or otherwise dispose of city real property, parks or recreational areas without approval of the electorate in a referendum held at a general or special municipal election.”

No referendum was held when the city transferred the deed to Brunetti’s company in 2004, which the suit claims occurred after Brunetti’s company “ in 2002, made clear, that it intended to abandon thoroughbred racing and undertake residential development on the property.”

Questions about the city’s role in deeding Hialeah Park to Brunetti’s company were first raised in an article in the Paulick Report last October, which discussed, among things, Brunetti’s relationship with city officials.

Copyright © 2009, The Paulick Report

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16 Responses to “MINOR SUES BRUNETTI”

  1. t. pat stubbs Says:

    Aren’t we all glad that Mr. Brunetti did not win the bid 20 years ago to operate a little seaside race track owned by the state of California in the city of Del Mar.

  2. Al Says:

    One may refer to Minor as “litigious.” Seems to be in vogue with him these days. Can’t quite understand this fellows underlying motivations?

  3. Richard Coreno Says:

    John Brunetti’s arrogance and incompetence as a track owner led to fans, horsemen and government officials becoming so angered and frustrated that Hialeah Park became irrelevant (could you picture Wrigley Field going down the same path?) and the closure welcomed in many quarters to get this clown out of the industry in Florida.

    Brunetti has no intention to sell the facility to reopen for racing and his game is to let it rot away, seemingly as a “gesture” to those who rightfully criticized his reign of error. And that he received a deal from city officials is troubling, since it violates clearly written language in the city charter.

    I hope Mr. Minor defeats this bitter old fool - and his sycophants in City Hall - in court and the community can then move forward with a grand vision to again have a world-class facility that will be a crown jewel to racing in North America. That these steps must be taken for a solid community development project is a sad commentary on the politics in the city.

  4. Pattie Benedix Says:

    After reading ALL of the problems with the Pro Ride Surface at Santa Anita, over the past weeks, It really bothers me to see Hialeah Race Track in South Florida still closed. Hialeah has the “Best Natural Dirt” in America. With horses breaking down at Santa Anita on what seems to be a regular basis, it makes me wonder …..Why on Earth did Hialeah close, in the first place ?? I started going to Hialeah back in 1971, and correct me if I’m wrong….but I don’t remember EVER seeing or hearing of a horse break down at Hialeah. I Support Halsey Minor and the Citizens of Hialeah in their efforts to re-open Hialeah as I would LOVE to see Hialeah returned to the GLORY it once was ! Bring Horse Racing Back to Hialeah :) We miss the Flamingo Stakes!

  5. Denise Says:

    I suspect Mr. Brunetti knows what exactly what he is doing. In the meantime the track and it’s needs are tripling in repair and maintenance costs as we post. Mr. Brunetti sees a sort of “white knight” cash cow coming to his table (note, not rescue). Nothing more, nothing less. Stir up enough passionate interest and one may find a buyer . We shall see. If the county is on board with Mr. Minor, as I suggested a few months ago…they will probably win. But not until Mr. Brunetti gets his cash cow slaughtered and dressed, regardless of the havoc and mess he has left. Can anyone smell a sort of Wall Street irresponsibility getttng a refund for mismanagement? I do.

  6. Pattie Benedix Says:

    Quite interesting reading the “Complaint” filed by Attorney Stephen J . Darmody. I’ve been a paralegal in a small Law Office for many years, and in my opinion, there is a Conflict of Interest between John Brunetti and Bal Bay Realty, Ltd. I hope the Presiding Judge can see through the corrupt ways of John Brunetti and return the track to the rightful owners, The Residents of Hialeah! Thank you Mr. Minor for bringing this Action against John Brunetti! God Bless You.

  7. Muggs Says:

    To those of us who remember how special a Hialeah afternoon was it is at least a dream to see the greatest track in America open again. Probably won’t happen, at least under Brunetti’s watch. Can anybody remember the last positive thing for Fla racing?

  8. Glimmerglass Says:

    Yet another lawsuit filed by Minor? I can appreciate the rage against John Brunetti but to those who embrace Minor as some white knight for all to rally around, I’ll pass on that.

    I was somewhat shocked by his about face in the slots issue. From an AP article in October 2008 saying quote “Slots do not belong in thoroughbred racing” to almost bidding on the MD slots license for Anne Arundel Co. last week.

  9. Michael Lerman Says:

    It is unfortunate that Mr. Minor and his team of attorney’s didn’t do their homework. The ownership issue of Hialeah Park was clearly spelled out in 1986. It took me less than ten minutes to locate the relevant case law……these guys should have found it in less time than that…..not wasting Minor’s money filing a frivolous law suit with no merit and zero chance of success. While I am no fan of Mr. Brunetti and his desecration of racing’s national cathedral….in this instance he is 100% correct. Mr. Minor has no standing, and no case.

  10. Ana Says:

    Hurrah to Halsey Minor!! Hopefully this suit has merit and he can then begin the 3 yr plus process of bringing this great track back to life.

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  12. Denise Says:

    Mr. Lerman:

    I believe there are stipulations and conditions that Mr. Brunetti is required to perform to retain ownership. I am assuming that he has failed to do same and thereby, opens the door to suit (failure to perform)and a possibility that he could loose his permanent ownership rights.

  13. Michael Lerman Says:

    Denise,

    You are wrong.

  14. Michael Lerman Says:

    Denise,

    If your theory was correct, then why didn’t Mr. Minor try to buy the track from the City of Hialeah, and not Mr. Brunetti ? I’m sure that the asking price would have been substantially less.

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