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Published on 3/31/2009 in the Prospect News Distressed Debt Daily and Prospect News Special Situations Daily.

MI Developments shareholder files complaint, opposes financing of Magna Entertainment

By Lisa Kerner

Charlotte, N.C., March 31 - Counsel for MI Developments Inc. shareholder Greenlight Capital, Inc. submitted a complaint to the Ontario Securities Commission seeking to ensure the company's compliance with applicable minority protection regulations prior to entering into transactions with its subsidiary, Magna Entertainment Corp.

A copy of the March 30 letter to the Commission was included in a schedule 13D/A filed on Tuesday with the Securities and Exchange Commission.

Greenlight applied for immediate relief and a hearing against MI Developments and its directors and officers, according to the letter.

The shareholder is asking for an order restraining MI Developments and its directors and officers from, among other things, advancing any further MI Development funds in connection with the loans announced by company on Nov. 26, 2008 and agreeing to any extensions or amendments of any loan agreement with Magna Entertainment or any of its subsidiaries.

Greenlight said since the spin-out of MI Developments in August 2003, the company has "has continuously sought ways to provide financial assistance" to Magna despite Magna's "serious financial troubles."

"Over the years, Greenlight and other MI Developments public shareholders have objected to these efforts by MI Developments to subsidize Magna Entertainment."

Greenlight beneficially owns 12.3% of the Aurora, Ont., real estate development company, the filing said.

Magna Entertainment owns and operates horse racetracks. It is also based in Aurora, Ont. It filed for bankruptcy on March 5 under Chapter 11 case number is 09-10720.


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