Weeks after Six Flags decided to shut down Kentucky Kingdom, state officials are now involved in a legal fight over the remaining thrill rides.
The Chang rollercoaster was removed last year to make way for a water-park expansion. That expansion never started and the Kentucky State Fair Board claimed it was never going to happen. That claim was made in a lawsuit filed by Kentucky officials suing Premier, the owner of Six Flags. At issue: they want the bankruptcy judge to declare the rides and other attractions on the land owned by the fair board as fixtures, or part of the property. They're also suing for breach of contract and damages caused by Six Flag's removal of any rides. The suit accused Premier of fraud regarding the removal of Chang and the promise of improvements.
Earlier this month, when the park closed, the president of the state fair board said he was just as shocked as the public. "We were surprised by the news release. We weren't notified ahead of time. We didn't receive one," Kentucky State Fair Board President Harold Workman said on February 5.
The state is hearing from Six Flags in the form of a countersuit. The company disputed the ownership of the thrill rides and asked a bankruptcy judge to declare that the contested rides are not the landlord's property and the company should be allowed to remove those rides.
State officials said there are other parties interested in running the park, so the ruling on who owns the rides is crucial. This case is playing out in bankruptcy court because the amusement park operator filed for Chapter 11 in June 2009. Barring a settlement, the judge overseeing the Chapter 11 case will decide who owns the rides.
Change the scheme, Alter the mood! Electrify the boys and girls if you would be so kind!
This story can only end well when it comes to entertainment. What it does make wonder is if the case goes into 2011, will it prevent Six Flags from adding Chang to some park as a 50th anniversary gift?
Before I start let me apologize for any lease spelling and version usage errors. My spell check gave me options I didn't know were even available for the word lease. I'm so confused right now.
Was Chang built by Six Flags or was it on the land before Six Flags leased the land? I am no land lease expert but I would think any ride built before the lease would belong to the leaser not the lessee and any ride ride built during the lease would be the other way around.
This is the kind of thing that I have always wondered when I see a "Land For Lease" sign put up somewhere. When someone leases it and puts up a building who really owns the building since the land it's sitting on is leased?, and what happens to the building when the lease is up?
It is so much simpler if one leases an object like a car or apartment or office building. When the lease is up you either re-new or leave.
Edit: I see now this discussion over who owns what has been going on back several pages, sorry for posting what has already been talked about. Since it was on the front page I thought it was new information. I'll leave it up, but if a moderator wants to remove it please do.
Last edited by dmaxsba2408 on Wed Feb 24, 2010 8:28 am.
This is ridiculous . That is the only word to describe that "lawsuit." SFI should have the right to remove/ add any of their property. Rides like Chang and T2 should remain in SFI hands. These Kentuckians are just trying to make a quick buck.
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