Concord vows to fight Bruton Smith lawsuit - WBTV 3 News, Weather, Sports, and Traffic for Charlotte, NC

Concord vows to fight Bruton Smith lawsuit

By David Whisenant - bio l email

Concord, NC (WBTV) - The city of Concord says it will fight the lawsuit filed against it and Cabarrus County by Lowe's Motor Speedway owner Bruton Smith.

Smith is claiming breach of contract saying the city and county owe millions for road improvements around Lowe's Motor Speedway and the zMax Dragway.

Smith says that was part of the plan offered to him to keep LMS in Concord and to build the zMax Dragway.

On Thursday, Concord city leaders vowed to fight, saying they will "vigorously defend" the city again the suit.

This is the statement released by the city:  On Wednesday, September 23, 2009 the City of Concord received the lawsuit entitled Charlotte Motor Speedway, LLC and Speedway Motorsports, Inc. v. Concord and Cabarrus County.  The City regrets that the Speedway has chosen this course.  The City will vigorously defend this action. 

One local expert says there may something more going on with the suit and the response.

"It's going to be very difficult for both sides because that informal agreement was never formalized," said Catawba College Political Science professor Michael Bitzer.  "It was never put down on paper, it's going to be Bruton said, Concord/Cabarrus said, that's going to be the heart of what's going before the court, you never want to walk into a courtroom with that kind of he said/he said going on."

Fighting the suit will likely cost taxpayers thousands if not millions of dollars, and the outcome could cost millions more.

On Thursday, WBTV asked Concord leaders what the next step was and who would represent the city in the fight, but they declined to answer our questions.

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