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activities and incurred major expenses to develop the Property
for horse racing under the license.
Trinity retained the firm of F.P. Greenhaw, III, Inc.,
Engineers & Planners, to prepare and submit studies of the
Property in order to develop the plan that was required under the
applicable laws. Trinity constructed a berm along a portion of
the Property to reclaim from the floodplain the area in which the
barns and grandstands were to be erected. The land underneath
the barns and grandstands were removed from the floodplain, and
none of Trinity's racetrack was in a floodway. Trinity made the
necessary land improvements to construct an oval track, parking
lots, bridges, ditches, banks, and other related items.
In March 1991, Trinity retained a developer named Dennis
Moore to devise a plan to develop the track surface. A racetrack
consists of three distinct and separate levels; namely, the sub-
base, the base, and the cushion. The sub-base is the bottom
layer, and it consists of materials acquired from the underlying
excavation project. The base is the middle layer, and it
provides a concretelike foundation for the top layer (the
cushion), which is a soft surface on which the horses race. The
cushion consists of sand, silt, and clay, and these materials are
"fluffed up" daily.
Trinity opened for business on May 29, 1991. Shortly
thereafter, it became evident that the track's cushion had too
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Last modified: May 25, 2011