CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – The future of the historic Foxfield property is now in limbo, as the company that operates races there is suing the landowner in an attempt to gain ownership of the property.

Foxfield Racing, which operates the races and is responsible for maintaining the Albemarle County property, is suing the organization which owns and leases the property, demanding that the Foxfield Land Preservation sell it the property.

In its lawsuit filed on Aug. 13 in Albemarle County Circuit Court, Foxfield Racing named the Foxfield Land Preservation, the Cassiopeia Foundation, which operates the Foxfield Fund, and Foxfield Land Preservation co-founder Zach Miller as Defendants.

At the center of the dispute are allegations by Foxfield Land Preservation that the racetrack currently has a number of safety concerns, with Miller calling the lawsuit retaliatory in response to concerns brought up privately to Foxfield Racing.

“We look forward to responding to this lawsuit, and we believe wholeheartedly that the evidence will show that this is a retaliatory action, arising from our decision to raise concerns about safety, and we deny ever making any promise to sell the property to Foxfield Racing,” Miller said in a statement released Friday.

In a letter written by Miller to the Charlottesville community, he wrote that over the past few months, the foundation had become concerned that the race railing, observation tower, and other infrastructure have “fallen into a dangerously degraded state.” These concerns, Miller said, were brought up to Foxfield Racing’s leadership privately, and the foundation’s leadership presented a number of structural engineering reviews and a race safety assessment, conducted by the Horseracing Integrity and Safety Authority.

Among the findings, the reports found the racetrack’s single, wooden inner racing rail has begun to rot, raising concerns it might collapse under the weight of spectators. There was also concern over the rail’s metal wiring which could prevent a jockey from diving out of the way from oncoming horses.

The observation tower also showed signs of deterioration, with the structure swaying back-and-forth with just one person on the upper decks.

Miller wrote that the foundation made multiple requests for maintenance records and a qualified repair plan, with The Cassiopeia Foundation, which is run by the Miller family, prepared to make a multi-million-dollar charitable investment into repairs, capital improvements and new staff.

But Miller alleged the concerns were met with “inaction, dismissiveness and outright hostility,” with the offering of funding outright rejected.

In an email to Cville Right Now, Foxfield Racing executive director Marian Fife said the organization had filed legal action “to protect the organization’s mission, governance, and long-standing stewardship of one of Virginia’s most cherished equestrian traditions.”

“This decision was made after careful consideration and reflects the Board of Directors’ responsibility to safeguard the long-term future of Foxfield Racing and its charitable mission,” Fife wrote. “We believe the legal process is the appropriate forum to address the matters raised in our complaint, and we intend to respect that process.”

Fife added she could not respond to specific allegations due to the pending litigation but added the racing organization is “confident that the facts will be presented through the court proceedings.”

The Miller family was made aware of the lawsuit last week, in which Foxfield Racing is demanding the land be sold to it, and that it is also awarded the right to run the race in perpetuity “without being answerable to the community,” Miller wrote.

“We are shocked and deeply saddened that this is the response to us asking Foxfield Racing to address safety concerns supported by expert reports and to fulfill other requirements under the terms of their lease,” he added. “We are especially saddened that the funding that Foxfield Races has raised from the community – that should be flowing to the races and their charitable mission – will now be diverted to this senseless lawsuit. In the coming weeks, we will file our response through the legal process.

“Our primary goal will be to ask the court to compel Foxfield Racing to meet its obligation to run safe races.”

Miller wrote they remain optimistic about the future of Foxfield races, despite this impending legal battle.

Fife also confirmed the races scheduled for Oct. 4 will continue as planned, in accordance with Foxfield Racing’s lease agreement.