It's still Sparta versus the Speedway.

        The city of Sparta will appeal a judge's order ruling that its 1998 annexation of 2,100 acres, including the $152 million Kentucky Speedway, was void because of violations in the annexation process.

        “Since Ordinance 98-960.1 fails in numerous respects to comply with the annexation statutes ... the ordinance is void ... as if it had never been enacted,” Gallatin County Judge Jay Bamberger wrote. Judge Bamberger also ruled that any actions taken by the city of Sparta, population about 150, with respect to the annexed territory are “rescinded as null and void.”

        Sparta filed an appeal to Judge Bamberger's decision Tuesday.

        The 1998 annexation, prepared without a lawyer by Sparta city clerk Jayne Smith, annexed the land of 28 landowners, none of whom provided written consent, according to the judge's decision. The Kentucky Speedway, which comprises almost half of the territory, filed a petition challenging the annexation in April 2000.

        Mark Guilfoyle, an attorney who helped represent the Kentucky Speedway, said Sparta did not provide its residents with water, electrical or sewer services, did not have an ambulance or public works department, did not keep official records and did not operate on an annual budget at the time of annexation.

        “The bottom line is, we were neither in favor of it nor against it in the early stages,” Mr. Guilfoyle said of the annexation. “Over time, it became very apparent that they simply could provide us no meaningful service.”

        Mr. Guilfoyle pointed out that the city of Sparta consisted of 579 acres before the 2,100-acre annexation.

        He also said that the Speedway had paid $30,000 in taxes to the city of Sparta.

        “This was a land grab and a grab for money,” Mr. Guilfoyle said.

        Sparta's clerk, Ms. Smith, said the Speedway did not pay the city $30,000 in taxes, but rather $15,531.86 in 1999.

        Ms. Smith said she prepared the annexation ordinance without a lawyer, but called the Department for Local Government, where she found a representative to walk her through the procedure.

        “We wanted to grow; we saw a potential for growth,” Ms. Smith said. “We didn't have the resources and we didn't have an attorney.”

        If Judge Bamberger's order had not been appealed, it would stand as complete in 30 days, according to Mr. Guilfoyle. But Erlanger attorney Marcus Carey, hired by Sparta for this case, said that now that the appeal has been filed, it could take up to two years for a decision to be made.

        “If we're successful in upholding this order, we'll be right back in the county of Gallatin,” Mr. Guilfoyle said of his clients' property's official location. “That's the community we came to originally, and the community we plan to be in for a very long time.”

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