Although entitled to at least two more appeals, one in front of all of the 24 appeals court judges and one to the US Supreme Court, Carroll announced he gives up.
"On behalf of the original partners of Kentucky Speedway, I have informed our attorneys we will not pursue any remaining appeals in the case," Carroll said in a statement cited by NASCAR. "While we still believe in the merits of the case, it is time to accept the decision of the courts and move on."
"I appreciate the continuing opportunity to assist and consult with SMI Chairman Bruton Smith, Gov. Steve Beshear and our dedicated corporate partners to realize our shared dream of bringing a NASCAR Sprint Cup Series race to Kentucky."
The Kentucky Speedway filed a complaint against NASCAR accusing it of violating federal antitrust laws. It all began back in 2005, when Sparta track in northern Kentucky was rejected by NASCAR. The federal court found evidence of NASCAR violating such laws when rejecting Sparta.
Although the tri-oval 1.5 mile long track hosted a Nationwide Series race last year, with some 70,000 people attending, following the court's decision, no Sprint Cup race will take place here. The earliest such race at Sparta will not be held before 2011.
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