A Franklin County, Kentucky, Circuit Court judge has ruled against a proposed sale of a 20% interest in Horse of the Year Curlin to majority owner Jess Jackson for $4 million. The ruling by Judge Roger Crittenden came in a hearing on Monday involving the 20% owned by disbarred attorneys Shirley Cunningham and William Gallion, who have been hit with a $42-million judgment in a civil lawsuit involving the fees they charged clients in a class-action lawsuit against the manufacturer of a diet drug. Cunningham and Gallion also face criminal charges stemming from the case. The ruling against the sale was not based on the judge’s disapproval of the $4-million appraisal on the 20% interest, but because two parties objected to the sale: Gallion and Cunningham’s attorney, Andre Regard; and the attorney for the class-action plaintiffs, Angela Ford. The judge’s decision effectively ends a lengthy legal battle involving Jackson’s Stonestreet Farm’s and Cunningham and Gallion’s Midnight Cry Stable (also doing business as Tandy LLC). Midnight Cry originally owned 100% in Curlin and sold Jackson and two other partners an 80% interest after the son of Smart Strike broke his maiden early in 2007. Jackson eventually bought out the other two partners, Satish Sanan and George Bolton. Regard said his clients were looking forward to being partners in Curlin as he enters his new career at stud at Lane’s End Farm in Versailles, Ky., where he will stand for a first-year stud fee of $75,000, payable when the foal stands and nurses. "He’s going to be a very popular horse," Regard said.
The objections of attorneys Regard and Ford were based on the appraisal provided in court by bloodstock consultant Ric Waldman, who testified in November that the current weakened market conditions placed Curlin’s overall value at $20 million as a stallion prospect. A court-ordered receiver arranged for a sealed-bid sale of the 20% through the Keeneland auction company in early November, but when there were no bids, Jackson offered to buy the interest for $4 million. Ford said the receiver had numerous conversations with Stonestreet representatives about the sale but never consulted with her as representative of the plaintiffs. "I think the evaluation is extremely low and I think it’s something we have to contest," she told Crittenden. Richard Getty, attorney for Jackson, told the court that a "bird in the hand — $4 million, which is a million and a half dollars more than I think it’s worth — is better than a bird in the bush. The current market conditions are horrible. … If they are not smart enough to figure out this is a very good deal, given the market conditions, I feel sorry for them. … A year and a half or two years from now this interest may not be worth $4 million." Regard said the court had been told repeatedly by Jackson’s attorney that no stallion farm would stand Curlin as long as Gallion and Cunningham were minority owners. "Lane’s End is the premier stallion farm in the world," Regard said. "Lane’s End was Tandy’s first choice last year, but disagreements between Mr. Jackson and Mr. Farish concerning some other issues in the industry prevented that. … Entering into a contract (with Lane’s End) proves that there were no legal issues related to Tandy’s ownership in Curlin that would prevent him from going to stud. Lane’s End saw no obstacle to standing the horse." Getty said after the ruling he was not aware of any "disagreements" between Jackson and Farish, and also said he was not aware that Jackson was prepared to make any further offers to Gallion and Cunningham for their interest in the horse. Getty pointed out to Crittenden that Lane’s End is receiving a management fee to stand Curlin and that Gallion and Cunningham would be liable for $1 million in expenses between now and April 2010 for management of the horse, insurance premiums and advertising/marketing costs. "Who’s going to pay the $1 million," he asked the judge. He also cited the fact some top race horses, including two-time Horse of the Year Cigar, can be infertile as stallions. "If they want to run the risk of intertility, we can’t help them," Getty said.
Regard responded that Lane’s End’s will be compensated after stud fees are paid. "The largest part of those expenses are going to be paid upon the receipt of the stud fee income," Regard said.
In the end, Crittenden sustained the objections of Ford and Regard to not go forward with the sale of the 20% in Curlin. "If both parties object, then this court does not intend to rule that the receiver accept the offer," Crittenden said. He ruled that the court-ordered receiver will wrap up its role, but be available in the event of any further offers. Copyright © 2008, The Paulick Report Visit the Paulick Report for all the latest news throughout the racing world. Sign up for our Email Flashes to get the latest news, analysis and commentary from Ray Paulick
