...
Upon the motion (the”Motion”)
of Hoosier Park, LLC (“Hoosier Park”), in its capacity as intervenor in the Tax
Litigation, Centaur Acquisition, LLC (“Centaur Acquisition”), in its capacity
as the Court-approved purchaser of substantially all of the assets of the
Debtors, and the Indiana Department of State Revenue (the “Department” and
together with Hoosier Park and Centaur Acquisition, the “Movants”), for entry
of an order (i) vacating this Court’s Order [Docket No. 527] (the “Tax Order”)
granting the Motion of Debtor Indianapolis Downs, LLC for a Determination of
the Legality of Certain Taxes [Docket No. 313] (the “Section 505 Motion”); and
(ii) approving (a) the settlement agreement (in the form attached hereto as Exhibit
1, the “Hoosier Park Settlement Agreement”) by and among Hoosier Park,
Centaur Acquisition and the Department, and (b) the settlement agreement (in
the form attached hereto as Exhibit 2, the “Indianapolis Downs
Settlement Agreement” and together with the Hoosier Park Settlement Agreement,
the “Settlement Agreements”) by and between Centaur Acquisition and the
Department; and it appearing that the Court has jurisdiction over this matter;
and it appearing that notice of the Motion as set forth therein is sufficient,
and that no other or further notice need be provided; and upon all of the
proceedings had before the Court; and after due deliberation and sufficient
cause appearing therefor, it is hereby
ORDERED that the Motion is granted; and it is further
ORDERED that (a) the Tax Order is vacated and (b) the
Settlement Agreements are approved; and it is further
ORDERED that (a) the Section 505 Motion and (b) the
Motion of Debtor Indianapolis Downs, LLC for a Determination of the Estate’s
Right to a Refund of Certain Taxes [Docket No. 607] shall be treated by the
Clerk of Court as having been resolved by the entry of this Order; and it is
further
ORDERED that this Court shall, and hereby does, retain
jurisdiction with respect to all matters arising from or in relation to the
implementation of this Order.
See previous entries on this matter here:
