The only thing running in Kentucky in 2010 will be horses

A hearing in the appeal pursued by Kentucky Speedway’s former owners likely will not occur until mid-June or later in the 6th U.S. Circuit Court of Appeals.

The case was not on the oral argument calendar posted Tuesday on the court’s Web site for the first half of a two-week session starting June 8. A hearing could still be scheduled for the week of June 15-19 or even added to the docket if a spot becomes available during the upcoming session.

But the longer the appeal drags on, the less likely it is that Kentucky Speedway will host a NASCAR Sprint Cup Series race next season.

After the upcoming session, the next time the court is scheduled to hear oral arguments is July 27-Aug. 7. The court typically takes at least a month after a hearing before ruling. NASCAR released its 2009 Cup schedule last year on Aug. 19 and will not consider holding a Cup race at the Gallatin County track until there is a resolution in the appeal.

Bruton Smith, chairman of Speedway Motorsports Inc., which bought Kentucky Speedway in December, has spoken to NASCAR officials about moving a Cup race from one of his company’s other tracks and has called upon Kentucky Speedway’s former owners to drop the appeal.

The former owners, however, remain committed to continuing their appeal of a U.S. District Court judge’s decision in January 2008 to dismiss their antitrust lawsuit claiming NASCAR along with International Speedway Corp. and others, including SMI, have unfairly controlled which tracks host Cup races. NASCAR and ISC have denied the claims. Cincinnati Enquirer