A group of Albemarle residents and community members have filed a lawsuit against Foxfield Racing Association with the intention to prevent any potential sale of the racecourse and surrounding land.
The eight plaintiffs in the case — John Birdsall, Harry Burn, Reynolds Cowles, Landon and Kiwi Hilliard, John G. Macfarlane III, Dudley Macfarlane and Jack Sanford Jr. — are residents who either own land near the Foxfield property or have been involved in the equine services provided at Foxfield.
Attorneys at Troutman Sanders filed the suit Dec. 30 in Albemarle Circuit Court. Ashley Taylor, an attorney representing the plaintiffs, said the point of the lawsuit is to ensure the land continue to be used for the purpose for which it was given.
The land, which is held in trust by Foxfield Racing Association, is not currently up for sale, but the plaintiffs are concerned about what would happen if it was sold since the property was provided in a trust.
The status of the land has been in question since Foxfield Racing Association went into a transition after long-time association president Benjamin Dick died in August 2015. His brother, Thomas Dick, has since assumed the role as acting president.
Mariann S. de Tejeda, who owned the land until her death in 1983, bequeathed the property to Foxfield Racing in her will with the intention that it continue as a location of equestrian services and recreation.
“I have but one wish for the remainder of my lifetime and after my death, and that is to apply all my time, energies and financial resources to the perpetuation of the Foxfield Races in Albemarle County for the recreation, education and enjoyment of the people of Albemarle County and their friends and visitors and of Virginia who appreciate equestrian sports, competition and related activities,” de Tejeda wrote in her will.
The plaintiffs argue that they are beneficiaries of the trust as concerned citizens and involved community members, and claim the land must continue to be used in the manner in which it was provided via the trust. They are against the sale of the property because it could change the use of the land, Taylor said.
“Because it is a property held in trust, the key question is whether or not the plaintiffs in this case are the intended beneficiaries under the trust,” Taylor said. “They [believe they are] by virtue of the fact that they’ve been involved with the property for many years, supporting it in many ways, supporting the association and that they’ve been lovers of the equestrian sports for many years.”
Even though the property isn’t currently for sale, plaintiffs see the purpose of the lawsuit as a way to bring attention to an unresolved issue.
“We haven’t made a specific allegation that there is a buyer in the wings, but this is a property that is a prominent property,” Taylor said. “Rather than engaging in any speculation, we thought it best to bring the issue before the court.”
The 2017 spring races are scheduled for April 29.
Foxfield attorney James Summers did not return a request for comment.
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