Monday, November 23, 2009

Smoke Signals (Big Canoe): AMP opponents win first round in legal battle

Judge denies motion to dismiss, allows AMP lawsuit to proceed

Hidden Still Farms is adjacent to the proposed Atlanta Motorsports Park.

By Barbara Schneider
bschneider@bigcanoenews.com

A judge’s motion provided the first significant victory for opponents to construction of Atlanta Motorsports Park (AMP) in a rural portion of western Dawson County.

Richard Wingate is the attorney for West Hamryka, the homeowner whose property Hidden Still Farms is adjacent to the proposed Atlanta Motorsports Park. On behalf of the Hamrykas, Wingate filed a lawsuit against the City of Dawsonville, its mayor and council, Atlanta Motorsports Park, LLC, Jeremy Porter (Forsyth resident and AMP developer), and EHK Investments, LLC.[Ernie Elliot]. The suit claims the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”

On Nov. 12, Judge Kathlene Gosselin issued an order completely denying all of the defendants' motions to dismiss (full text of the statement below).

Community protested

Earlier this year hundreds of residents throughout Dawson County, including many from Big Canoe, attended months of City of Dawsonville meetings to voice their opposition to the city’s approval of AMP.

On April 13, the Dawsonville City Council unanimously approved rezoning 152 acres along Duck Thurmond Road for the proposed Atlanta Motorsports Park on April 13. The vote reclassified a portion of 1,500 acres currently owned by the Elliot family along Duck Thurmond Road near Hwy 53 from residential 1 to CIR (restricted industrial district). (For the complete story see: “Dawsonville okays AMP rezoning,” Smoke Signals Online archives or Smoke Signals, May.)

Meeting with the media after the vote, West Hamryka, who owns a 70-acre horse farm directly across Duck Thurmond Road from the proposed motorsports park, vowed to continue the fight. “We are prepared to take this to the next legal step.”

The City, he said, basically threw out the land use plan approved last year. He vowed to sue the City of Dawsonville for improper spot zoning and said he was willing to continue the fight in the courts.

The Hamrykas are seeking an injunction to prevent construction of the motorsports park, as well as at least $3 million in damages, plus legal fees. Per the ruling, the case now enters the discovery phase for the next several months.

Attorney Wingate’s statement:

“The citizens of Dawson County were granted a major victory in their endeavor to prevent the Atlanta Motorsports Park from destroying the peace and tranquility of this rural community. Judge Kathlene Gosselin issued an Order on November 12 completely denying all of the Defendants' Motions to Dismiss. The Defendants include the City of Dawsonville, its Mayor and Council, Atlanta Motorsports Park, LLC, Jeremy Porter, and EHK Investments, LLC.

The Defendants had each filed Motions to dismiss the lawsuit filed by Dr. and Mrs. Hamryka, the adjacent landowners, and owners of Hidden Still Farms, Inc, a world class horse boarding and training operation.

In the Order, the Court held that the Plaintiffs' complaint was properly filed and served and that the Plaintiffs had properly stated a claim for injunctive relief from the nuisance that would be caused by the AMP development, if it is constructed. Defendants had previously characterized Plaintiffs' lawsuit as "frivolous." The November 12 Order clearly demonstrates that Plaintiffs' lawsuit has merit.”

Wednesday, November 18, 2009

Dawson County News: Judge allows motorsports lawsuit to move forward

See court ruling below this post.

Judge allows motorsports lawsuit to move forward

Motion to dismiss denied

Plaintiffs in a law suit filed to halt the construction of a motorsports park across from their property in western Dawson County scored a win earlier this week when the judge ruled they could move forward with the suit.

"The citizens of Dawson County were granted a major victory in their endeavor to prevent the Atlanta Motorsports Park from destroying the peace and tranquility of this rural community," Richard Wingate, attorney for West and Helen Hamryka, said in a statement released Tuesday.

The Hamrykas, who own a home and horse farm across from the 152-acre car park site, filed suit against developer Jeremy Porter, Atlanta Motorsports Park, the city of Dawsonville, Dawsonville City Council, and EHK (Ernie Elliott) Investments in May.

Billed as a country club for sports car enthusiasts, the Atlanta Motorsports Park plan calls for nearly three miles of high performance road course for two- and four-wheel vehicles, a members-only lounge, 10,000 square foot clubhouse, pool and hiking trails.

The suit claims the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”

The Hamrykas contend the city violated zoning procedure when approving Porter’s rezoning request in April.

They are seeking an injunction to prevent construction of the motorsports park, as well as at least $3 million in damages, plus legal fees.

The city of Dawsonville, EHK (Ernie Elliott) Investments and Jeremy Porter, founder of Atlanta Motorsports Park, each filed motions to dismiss the civil suit.

Attorneys for Porter say the plaintiff’s failure to serve "the defendants with any complaint during the 30-day limitation period for appeals on zoning decisions” should dismiss the counts.
The motions to dismiss also address the Hamrykas’ nuisance complaint, which Porter said would not be determined for months, if ever.

Attorneys for Elliott, who sold the property to Porter, said their client was not a proper party in the lawsuit since he would "have no involvement in or control over any construction or development."

The defendants motions were denied.

Superior Court Judge Kathlene Gosselin ruled the plaintiffs' complaint followed all proper filing procedures.

The order, Wingate said, "clearly demonstrates that (the) plaintiffs' lawsuit has merit."

Porter said he is not discouraged.

"We believe the lawsuit is still frivolous and abusive. We may not have won on the procedures, which is what this was about, but we still feel confident and still feel we'll have victory," he said.
Wendy Butler, Porter's attorney, said the joint-defense counsels are working together to strategize the next step.

Wingate said his clients were pleased with the ruling. He anticipates taking the case to trial next year.

Court Ruling Against AMP

Below is a link to the recent ruling against AMP. The discovery phase should be interesting. We'll continue to monitor this situation and provide colorful commentary and updates, as applicable.

Select "Regular Download" once you land on the sendspace Web site. On the next page, look for the Download Link (with read arrow next to it)... That's the file. No registration required.

http://www.sendspace.com/file/yxtyk1

Ruling in favor of Hamryka's - lawsuit may proceed

Statement issued by Hamryka's attorney...

"The citizens of Dawson County were granted a major victory in their endeavor to prevent the Atlanta Motorsports Park from destroying the peace and tranquility of this rural community. Judge Kathlene Gosselin issued an Order on November 12 completely denying all of the Defendants' Motions to Dismiss. The Defendants include the City of Dawsonville, its Mayor and Council, Atlanta Motorsports Park, LLC, Jeremy Porter, and EHK Investments, LLC. The Defendants had each filed Motions to dismiss the lawsuit filed by Dr. and Mrs. Hamryka, the adjacent landowners, and owners of Hidden Still Farms, Inc, a world class horse boarding and training operation. In the Order, the Court held that the Plaintiffs' complaint was properly filed and served and that the Plaintiffs had properly stated a claim for injunctive relief from the nuisance that would be caused by the AMP development, if it is constructed. Defendants had previously characterized Plaintiffs' lawsuit as "frivolous." The November 12th Order clearly demonstrates that Plaintiffs' lawsuit has merit. "

Wednesday, October 21, 2009

Green and the racetrack

Just another fine pile of compost (err - article) about this race track.

Atlanta, Georgia to Unveil Eco-friendly Motorsports Park

By: Jenny Bengen on 09 30, 2009

According to this article from Environmental Leader, Atlanta is in the process of constructing a sustainable, two-mile long racetrack for car and racing aficionados. It will be called the Atlanta Motorsports Park, and it will be (an incredibly expensive) private club - $100,000 to join.

What’s attractive about this park, though, is that it will be very environmentally friendly, an idea which, in the past, has not necessarily go hand in hand with a racing track.

Check out the future park’s green attributes:
- waterless urinals
- tank-less water heaters
- using reclaimed water for all irrigation
- recycling all the garbage and oil
- high efficiency HVAC systems and lighting
- thermal resistant windows

It’s wonderful to see such an environmentally responsible project being built in an industry which is known for nasty emissions and waste products. Hopefully this is the start of a new green trend in this arena.

Wednesday, September 23, 2009

Dawson News & Advertister - Judge requests more information in case against motorsports park, city

Judge requests more information in case against motorsports park, city

by A.J. Puckett

Dawson News & Advertiser

Defendants Jeremy Porter of Atlanta Motorsports Park (AMP), the City of Dawsonville, and EHK (Ernie Elliott) Investments appeared in court in Dawson County on Friday, Sept. 18, to seek a dismissal of the suit filed against them by Dr. West and Helen Hamryka.

The lawsuit was filed in May, just after the Dawsonville City Council approved the rezoning of the land for the motorsports park. The Hamrykas own a home and horse farm across from the 152-acre car park site on Duck Thurmond Road, off Highway 53 West.

The defendants were requesting the dismissal on the grounds that the individual defendants were not served with the lawsuit in a reasonable amount of time, more than 70 days from the time of filing to the time of serving. The defendants claimed that this gave them an unfair advantage and, if the suit were an appeal, it would have reached a statute of limitations.

The defendants also argued that no nuisance exists to cause the damages the Hamrykas are claiming, the plaintiffs are only claiming there will be one.

The plaintiffs' attorney, Richard Wingate, rebutted the statute of limitations because the suit was filed as a mandamus and a declaratory judgment, of which neither has a statute of limitations.

Wingate argued that while there currently is no nuisance, his clients should not be forced to wait until the nuisance is created to prevent it.

Superior Court Judge Kathlene F. Gosselin did not make a decision on the defendants’ requests for dismissal. Instead, the two sides are to prepare further briefs to be submitted concurrently on Friday, Oct. 2.

Gosselin said that she had considered dropping the nuisance portion of the suit but was interested in seeing case law that was more relevant from the plaintiffs.

“We are happy with how today went and we’re expecting a long court case to come,” West Hamryka said Friday after the hearing.

As part of their case to stop the construction of AMP, the Hamrykas have filed affidavits from clients claiming they would take their business elsewhere if the park is constructed.

“I pray that the law and the process prevail, because we have followed the law
and the process to the letter,” Porter said on Monday.

It also was revealed during the hearing that AMP finalized the purchase of the land from EHK Investments on Sept. 17.

Dawson Community News: Developer closes on car park property

Nice to see the reporter work in the always positive, marketing/promotional copy for Mr. Porter. Additionally, the Dawson News & Advertiser published a story today about the lawsuit. Unfortunately, the paper is not listing entire articles online, so we're unable to post it. Nevertheless, go pick-up a copy for additional coverage on this developing story. Chances are, their take on it will not read like an advertisement for AMP.

EDIT - see above for News & Advertiser story. Called that one.

Developer closes on car park property

Lawsuit will return to court next month

Less than 24 hours before a judge was to rule on a lawsuit aimed at stopping a proposed motorsports park in western Dawson County, the developer closed on the property.

Jeremy Porter must wait about two weeks before he can begin obtaining the necessary permits to begin construction.

The time will give attorneys on both sides an opportunity to resubmit motions and clarify the lawsuit.

West and Helen Hamryka, who live across from the property on Duck Thurmond Road, filed the suit earlier this year against Atlanta Motrosports Park, the City of Dawsonville and EHK (Ernie Elliott).

Friday, the defendants named in the lawsuit asked the court to dismiss the civil case.

Attorneys for the Hamrykas contend the city violated zoning procedure when approving Porter’s rezoning request for the 152 acres in April.

The suit also maintains the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”

The Hamrykas operate a horse farm on the site.

Superior Court Judge Kathlene Gosselin said she considered tossing out the latter claim since there was no way to know “reasonably certainty” that a nuisance would exist until the park was built.

“It hasn’t happened yet,” she said, adding there would be opportunities throughout the permitting process to claim and prove nuisance. “I am leaning toward granting the motion to dismiss that.”

Instead, Gosselin held off and gave each side two more weeks to prepare briefs and rewrite motions that better suit the case at hand.

Much of the discussions Friday involved the amount of time between when the lawsuit was filed in Superior Court and when the defendants were formally served.

The defendants were not served for more than 40 days, according to statements in court.

In the motion to dismiss, filed in July, attorneys for Porter say the plaintiff’s “failure to diligently serve the defendants with any complaint during the 30-day limitation period for appeals on zoning decisions” should dismiss the counts.

Gosselin told attorneys from both sides to determine whether the issue was an appeal.

“This is not an appeal,” said Dawsonville attorney Dana Miles. “They never filed an appeal to the zoning. They also never filed a notice of appeal, which is a separate document from the appeal itself.”

Attorneys for the Hamrykas agreed.

“If this case is dismissed, we could refile it tomorrow, and surely we would,” said attorney Richard Wingate.
Thomas Calkins, attorney for Elliott, who sold the property on Duck Thurmond Road to Porter, said his client “will have no involvement in or control over any construction or development” and “is not a proper party in the lawsuit.”

“Without damage, there can be no cause of action,” Calkins said.

Porter has called the lawsuit, which he said is an attempt to deter investors, frivolous from the
beginning.

But neither investors nor those involved with development have been swayed, according to Porter.

He announced last week Bryan Moss, former chairman of Gulfstream Aerospace, was added to the park’s board of advisors.

He currently also sits on the board for the Skip Barber Racing School and has a deep understanding of motorsports.

“Bryan adds dimension to our team with his vast success in corporate America, his ability to build a world-class brand, and his excellence in serving his clients,” Porter said.

“We plan to tap into that intellectual capital for our business and members to help prevent pitfalls and accelerate the successes.”

Billed as unique and eco-friendly, the track was designed by Formula One engineers at Tilke Architects. It was shortened to less than 2 miles and tweaked to meet city-imposed guidelines.

“Some of the greatest minds in motorsports say they believe this track will become truly legendary,” Porter said. “This is going to be something that’s going to be like no other motorsports park in the world.”

Billed as a motorsports country club, plans call for nearly two miles of a high performance road course for two- and four-wheel vehicles, a members-only lounge, 10,000-square-foot clubhouse, pool and hiking trails.

One condition of the zoning is to have the development running within three years, which Porter said still is the plan.

Friday, September 18, 2009

Word from the courthouse today...

Both parties were told to come back in two weeks. No ruling was issued today - to dismiss the suit as Developer Jeremy Porter requested. Stay tuned.

I would also like to note that in the press, Porter said that he would not countersue the Hamryka's, but of course he didn't stick to his word. Not surprising.

The lawsuit was filed some time ago. This must be part of that good neighbor mantra. Invade their neighborhood, blast them with sound from the race track and now sue 'em if they don't lay down and take it.

Nevertheless, both Dawson Co. papers were in attendance, so you can expect something (emphasis added) to appear in the next few days.

Also, around town there are grumblings that some AMP investors are not pleased, as Porter is not delivering on what was promised. Again, act surprised. Could this be a sign of things to come? Will investor's start dropping from the project? This might be something for the Dawsonville journos to investigate. What's not being delivered? Surely, the hay bales to control the sound from the track are not too capital intensive.

Friday, August 28, 2009

Advertisement by the Dawson Community News for Race Track

See below advertisement for race track - courtesy of the Dawson Community News. Nice of her to seek comment from other opponents. Last I checked there are plenty. I guess the Thurmond's weren't available for comment either and the other 100 to 200 people that attended those staged city meetings weren't either.

Interesting, I'm going to propose building a noisy commercial development next to Porter's house and his neighbors, and see if they think it's frivolous.

Defendants want lawsuit dismissed

Developer says matter is ‘frivolous’

The parties named in a lawsuit aimed at blocking plans for a motorsports country club in western Dawson County hope a judge will dismiss the matter next month.

The city of Dawsonville, EHK (Ernie Elliott) Investments and Jeremy Porter, founder of Atlanta Motorsports Park, have each filed motions to dismiss the civil suit.

West and Helen Hamryka, who own a home and horse farm across from the 152-acre car park site, contend the city violated zoning procedure when approving Porter’s rezoning request in April.

The suit also claims the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”

According to court documents, the Hamrykas seek an injunction to prevent construction of the motorsports park, as well as at least $3 million in damages, plus legal fees.

Although filed in Superior Court in May, Porter said the defendants were not formally served with the lawsuit until more than 40 days later.

In the motion to dismiss, filed in July, attorneys for Porter say the plaintiff’s “failure to diligently serve the defendants with any complaint during the 30-day limitation period for appeals on zoning decisions” should dismiss the counts.

The motions to dismiss also address the Hamrykas’ nuisance complaint, which Porter said would not be determined for months, if ever.

Dawsonville administrator Kim Cornelison said the city does not plan to comment on the lawsuit, which Northeastern Judicial Circuit Superior Court Judge Kathleen Gosselin is scheduled to hear Sept. 18.

The Hamrykas’ attorney did not return numerous phone calls seeking comment.

Attorneys for Elliott, who currently owns the property on Duck Thurmond Road, say their client “will have no involvement in or control over any construction or development” once the property changes hands.

As a result, the attorneys contend, Elliott “is not a proper party in the lawsuit,” according to court documents.

Porter calls the lawsuit “frivolous” and a way to try to deter investors.

“But our investors, our members, laugh at this,” he said, adding that he signed $100,000 in new memberships July 30 when the track design was unveiled in Roswell.

The unique, eco-friendly track was designed by Formula One engineers at Tilke Architects. It was shortened to less than 2 miles and tweaked to meet city-imposed guidelines.

“Some of the greatest minds in motorsports say they believe this track will become truly legendary, 141 feet of elevation changes and two of the most famous turns in motorsports have been incorporated into the track,” Porter said.

“This is going to be something that’s going to be like no other motorsports park in the world.”
Billed as a motorsports country club, plans call for nearly two miles of a high performance road course for two- and four-wheel vehicles, a members-only lounge, 10,000-square-foot clubhouse, pool and hiking trails.

Founding member Donna Clifford sees the project as a wonderful and unique opportunity that will allow her to enjoy her “car with good people in a wonderful location and a safe environment.”
Sports car enthusiast Chuck Smith of Cumming agreed.

“I’ve been to every zoning meeting and have watched it since I first heard about the motorsports park,” he said. “I’m 57 and can finally afford the cars I’ve dreamed about my whole life. I’m excited about it.”

E-mail Michele Hester at michele@dawsonnews.com.

Wednesday, June 24, 2009

Dawson News & Advertiser: Motorsports park moves forward despite lawsuit

Plans for the future Atlanta Motorsports Park (AMP) continue to develop with the announcement of a partnership with Tilke Engineers & Architects for the redesign of the track. Tilke has been involved with nearly every modern-era Formula One track constructed in the last 10 years, according to AMP developer Jeremy Porter.

The announcement comes a few weeks after West and Helen Hamryka filed suit against Porter, Atlanta Motorsports Park, the City of Dawsonville, Dawsonville City Council, and EHK (Ernie Elliott) Investments. Elliot is the seller of the property.

The Hamrykas own a home and horse farm across from the 152-acre car park site on Duck Thurmond Road, off Highway 53 West. The Hamrykas say they will be negatively affected by the presence of the park."We are committed to fight and save our home and community from this loud and offensive racetrack," said West Hamryka. "We are disappointed that the mayor and city council betrayed their own citizens in favor of special interest groups, and
I am confident that the voters will remember them on election day."

The suit claims that the defendants are responsible "for the unlawful interference of [the Hamrykas'] right to enjoy the possession of their property and for the disruption of their business."

However, the suit filed in Dawson County Superior Court is looking to block the construction of the park and for $3 million in damages, plus legal fees. But Porter seems unaffected."

Our investors and members laughed when they heard about the lawsuit," Porter said Tuesday. "This suit is abusing and frivolous."

Porter also mentioned that AMP had yet to be served with the lawsuit as of Tuesday.

According to Porter, the organization has sold more than $400,000 in memberships in the last 35 days.

"We've continued to move forward and do very well on memberships," said Porter.

AMP also is planning an unveiling party for the redesign July 30. Porter has stated that he still plans to break ground later this fall.

"We're expecting a huge ripple effect in the community with the businesses that will come with this project," said Porter.

Earlier this month, AMP announced a partnership with HFD1Motorsports, which provides trackside services and shop performance services to motorcyclists. HFD1Motorsports also services the motorcycle enthusiasts with shop services and maintenance of the motorcycle.

HFD1Motorsports and Balance Motorsports are currently looking at locating their headquarters at AMP. Porter also mentioned that AMP has already declined eight offers from companies interested in locating at AMP.

Porter said he was excited that the Skip Barber Driving School, which is the largest in the nation, will be the official driving school of AMP.

The lawsuit against the City of Dawsonville is claiming that the city failed to follow Georgia's zoning procedure by not requiring a Development of Regional Impact study. The suit claims that such a is required for any "mixed use facility."

On Tuesday, Dawsonville City Clerk Kim Cornelison said the city could not comment on any pending litigation.

AMP plans to unveil the design for the new driving course at 7 p.m. Thursday, July 30, at Hennessey Porsche in Roswell. According to Porter, the new track will be the only Tilke track in the U.S. and will help make AMP the only eco-friendly motorsports park in the world.

Speed Channel Commentator Bob Varsha will be the master of ceremonies for the event. Guests will have the opportunity to study three-dimensional images of the new course. Atlanta Falcons' wide receiver Michael Jenkins and a number of other celebrities will be in attendance.

Tuesday, June 23, 2009

Stolen signs

So, we hear that the bandit is a 20 something year-old from White Co. that comes down to Dawsonville to steal signs. Comically, this bozo has been spotted in the act - license plate and all. But fortunately for him, Dawson County's finest won't do anything about it. Now act surprised!

Signs on private property are now okay to steal? So, if people steal other items from your yard, I guess that's okay too? The police reportedly said the signage owners needed to have "No Trespassing" signs posted in order to charge the brazen bandit. Nice, eh?

Now that I think about it, I need some new patio furniture, a new lawn mower and a few other items.

Move AMP recommends the following sign:
























Lawsuit challenges motorsports park

From the Dawson Community News:

Defendants say case ‘frivolous and abusive’

The attorney for a couple attempting to block the construction of a motorsports country club in western Dawson County vows a lengthy legal battle.

“We are going to fight this all the way,” said Richard Wingate, who represents West and Helen Hamryka.

“The complaint speaks for itself. If build out and construction of the project is as planned, it’s going to just ruin my clients’ livelihood.”

The Hamrykas, who own a home and horse farm across from the 152-acre car park site, have filed suit against developer Jeremy Porter, Atlanta Motorsports Park, the city of Dawsonville, Dawsonville City Council, and EHK (Ernie Elliott) Investments.

The suit, filed last month in Superior Court, claims the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”

According to court documents, the Hamrykas seek an injunction to prevent construction of the motorsports park, as well as at least $3 million in damages, plus legal fees.

The suit, also claims the city of Dawsonville violated Georgia’s zoning procedure act and should have required a Development of Regional Impact study before approving the “mixed use facility.”

Several defendants in the civil case say the suit is frivolous.

“We think the lawsuit is an abuse of the process,” said co-defendant Jeremy Porter, founder of Atlanta Motorsports Park. “Four different attorneys are telling us they think this is a frivolous and abusive suit.”

Billed as a country club for sports car enthusiasts, the Atlanta Motorsports Park plan calls for nearly three miles of high performance road course for two- and four-wheel vehicles, a members-only lounge, 10,000 square foot clubhouse, pool and hiking trails.

As of early this week, the defendants had not seen the lawsuit. Still, Porter said, he sees the filing as a scare tactic.

“We think that by filing a lawsuit they are trying to dissuade investors from buying into the park,” said Porter, adding that he has the opportunity to counter sue, but plans instead to take what he called the “ethical” road.

Porter said the suit has not hindered membership sales.

“The goal is to pay cash for the land, and we think we’re going to be able to do that,” he said.
Landowner and co-defendant Ernie Elliott said last week he is concerned for every property owner in the country if a lawsuit can be filed against a landowner wanting to sell his property.

“We’ve invested in the real estate for ages now with the idea that we’d sell it some day,” Elliott said. “That’s exactly what we’re doing now. We listed the property with a legitimate real estate agent, and now we have a legitimate buyer.

“If they think they can sue the property owner for trying to sell his property, every other property owner in the country should take a hard look at this. It’s going to set some hard precedent.”

Dawsonville administrator Kim Cornelison said the city does not plan to comment on the lawsuit, which it hasn’t received.

“Our attorney has a copy and has perused through it,” she said. “But right now, if we’re not served, as far as we’re concerned, there is no lawsuit.”

Because city ordinances are in question, Wingate said, there was a timeline to file the suit and “certified copies are required in the records.”

“We now have amended the complaint with the certified copies,” he said. “The defendants will be served soon.”

Regardless of litigation, Porter said he plans to break ground on the project this fall.
“We’re coming up swinging,” he said.

Preliminary estimates by the Development Authority of Dawson County have indicated Porter’s project could bring in as much as $4 million in tax revenue over the next decade.

The development could also attract dozens of new jobs to the county.

“We have nothing to do with the racing park,” Elliott said. “That can be verified by anybody. But that’s not to say I’m not for it. I’m for any business that will bring jobs and growth to this county.

“I want to know that if something happens to this business my employees can have the opportunity to go across the street and get high-paying jobs without having to drive to Atlanta.”

Wednesday, June 10, 2009

Dawson Community News: Porter in talks to lure businesses to car park

Porter in talks to lure businesses to car park

Negotiations between Atlanta Motorsports Park developer Jeremy Porter and a high-performance repair facility that wants to relocate to Dawsonville are in the final stages.

“I’m so excited about the new partnership to bring Balanced Performance Motorsports to AMP,” Porter said.

Billed as the South’s premier repair and performance facility, Balance Performance Motorsports plans to move its entire Sugar Hill operation, which includes maintenance and fabrications, to the motorsports country club site that is expected to break ground in western Dawson County by fall.

“We feel that AMP can offer us and our customers many opportunities not available at our current location,” said Chuck Ellis, co-owner and CEO of Balanced Performance. “We feel AMP can bring us not only an incredible sales and marketing team, but also a world class facility and location that is unmatched in the industry.”

Porter received final zoning approval from Dawsonville City Council in April for the project, which will sit on about 152 acres between Duck Thurmond Road and Hwy. 183.

Neighbors bitterly opposed the project, vowing to fight its approval in court.

According to city clerk Kim Cornelison a lawsuit was filed in Dawson County Superior Court May 7. She said the city has not yet been formally served.
The facility will include nearly three miles of high performance road course for fast, exotic cars, karts and bikes, a members-only lounge, 10,000 square foot clubhouse, pool and hiking trails.

The Balanced Performance partnership will be an added bonus for club members, who will be able to receive free technical and track readiness support from BMP professionals and official tech inspectors for the National Auto Sport Association, said BPM co-owner Jason Plante.

“We want all AMP members to feel confident that their cars are safe and ready to drive,” Plante said.

Porter said other businesses, including a fine dining restaurant, and agencies also are looking at the site.

Among those interested is Track Chic, an organization that celebrates women involved in the racing industry through an online journal documenting their development.

“There is an impressive group of women on the AMP Team working hard to push this forward,” said Track Chic President Theresa Earnheart. “The online journal will go live within the next few weeks and bring an intimate, female perspective on all aspects of AMP’s development. Women who follow along will feel part of the AMP Family as we build momentum for the grand opening.”

Porter said he is awaiting a redesign of the driving course, as required by city council.

Wednesday, May 13, 2009

Strike that (for now): Dawsonville not in running for car plant

Dawsonville not in running for car plant

Company chairman says report ‘highly inappropriate’

Recent talk that a high performance police car automaker was considering a site in Dawsonville may have been wishful thinking on the part of a local real estate agent.

William Santana Li, chairman and chief executive officer of Carbon Motors, said the announcement was “highly inappropriate” and no discussions have taken place about a possible site in Dawsonville.

“There is one site in Georgia we are focused on and that’s Braselton,” Li said Monday afternoon. “We’re not looking at Dawsonville. There have been no meetings, no discussions. There never were and at this rate there never will be.”

Li said Carbon Motors could decide on a site by the end of July.

“I don’t have time for this, and I don’t appreciate it,” he said.

Carolyn Cantrell made a presentation to the Dawsonville City Council last week, saying she was attempting to woo the automaker to a site across Hwy. 183 from the Elliott Racing Complex.
Cantrell, who could not be reached for comment this week, also facilitated the land sale between the developer of a proposed motorsports park and Ernie Elliott on Duck Thurmond Road.

She told council last week the property was ideal for the automaker due to its proximity to Elliott’s airport and to Atlanta Motorsports Park, which the city council approved last month.
She estimated the plant’s overall economic impact at $3 billion over 10 years, with as many as 2,000 employees by the time the plant reaches full capacity.

Dawsonville Mayor Joe Lane Cox said Tuesday it would have been nice to have the plant in Dawsonville, but he was “just glad they’re wanting to stay in Georgia.”

“This was brought to us,” Cox said. “We didn’t go out and pursue it. We let [Cantrell] speak last week, because like I said then, I wanted to get this started right, with the facts up front, so people would know what’s going on.

Councilwoman Linda Grant echoed Cox’s sentiments.

“Hopefully, by Dawsonville being brought up in the conversation, we will get some companies that will come here and create new jobs. We have so many people, and so many youth, that need work.”

While it may not include Carbon Motors, motorsports park developer Jeremy Porter said industry will follow the site.

Late last week, Porter said he had confirmation that three automotive companies were preparing to relocate to Dawsonville.

“Those three include one major company in the motor world that’s willing to relocate its headquarters to Atlanta Motorsports Park,” he said.

Porter said two motorsports companies in the Sugar Hill area were interested in relocating to Dawsonville.

Steve Holder, planning director for the city, said he has not heard from any specific businesses.
Preliminary estimates by the Development Authority of Dawson County indicated the motorsports park would be an economic stimulator for the area, with other like industry following suit.

According to Porter, legendary Formula One track architects, Tilke, has agreed to design the local course.

“That’s huge,” Porter said. “They are responsible for nearly every modern-era Formula One track designed in the last 10 years. By partnering with the foremost track designer, AMP has taken further steps to ensure we will stand out as North America’s premier facility for motorsports enthusiasts.”

Porter said he continues to talk with other automotive companies that would also fit in well with the motorsports park.

“Others will follow and are paying a lot more attention now that we have the zoning to move forward,” he said.

E-mail Michele Hester at michele@dawsonnews.com.

Tuesday, May 12, 2009

Car plant looking to locate in Dawsonville

Car plant looking to locate in Dawsonville could create 2,000 jobs in coming years

by Lori Robinson

Dawson News & Advertiser

After a somewhat laid back and quiet Dawsonville City Council meeting on Monday, May 4, Mayor Joe Lane Cox took the opportunity during closing announcements to address the possibility of a new car plant coming to the city.

Carolyn Cantrell, a Dawson County native and representative of Talking Rock Realty, presented information regarding the car plant to the council.

The car plant, called Carbon Motors, specializes in cars geared specifically toward law enforcement and is looking at Dawsonville as a potential site for its future facility.

Carbon Motors, based in Atlanta, is considering a site near the controversial site of the soon-to-be constructed Atlanta Motorsports Park (AMP). Elliott Family Parkway has been in the news for the past year as local residents and AMP developer Jeremy Porter went head to head, with Porter receiving unanimous approval from the city council last month to move ahead with construction of AMP - a motorsports country club to be located on approximately 150 acres belonging to the Elliott family on Duck Thurmond Road off Highway 53 West.

The mayor and council, as well as Cantrell, expressed worries that more controversy would ignite over Carbon Motors' potential interest in another parcel of Elliott family property.

"We want people to have all the facts about this, get all the information and then if they're against it, they're against it," Cox said at the meeting Monday.

Cantrell explained that the plant would be a facility to build police cars exclusively. It would not be partnered with any car companies. Rather, Carbon Motors would build each unit from the ground up. The cars would be constructed solely for the safety and comfort of the police officers who would drive them.

"This company has looked at two other sites in the State of Georgia," Cantrell said, addressing the mayor and council. "Things have come up with both of those sites that could possibly put Georgia out of the running for this plant. We heard about it and approached Carbon Motors."

Cantrell said the company initially told her realty company "no," until it was made aware Dawsonville could offer a facility such as AMP for the testing of its vehicles, as well as the Elliott's garage and nearby airport access.

The parcel of land in question is a track of 200-250 acres on Highway 183/Elliot Family Parkway, owned by the Elliott family.

"The first thing we want to make sure is that public knows the Elliott's are not involved in this deal," Cantrell said. "They've got the land, they're selling it, but that's as far as their involvement goes."

Cantrell says it "terrifies" her that Georgia may be passed up on this opportunity.

"We want to come to everyone concerned, let them know what's going on from the very beginning," she said. "Let them know what this company can do for this county as a whole." In the beginning, the plant is estimated to create about 200-250 jobs, with job growth projected to reach nearly 2,000 in the coming years.

"This plant won't be owned or partnered with Ford or any other car maker, so there won't be a large production rate," Cantrell said. "We're guessing somewhere in the neighborhood of 10,000 cars per year. They're starting with a clean slate. They're doing the building marketing and service of the cars and, when these cars wear out, they plan to recycle them. This is a one-company show." Cantrell said the biggest benefit of Carbon Motors coming to Dawsonville Cantrell would be the creation of more local jobs.

"This will enable our children to stay within our county and work rather than having to leave home to find work," she said.

"The difference between here and anywhere else is that they would have to build from the ground up somewhere else," she added. "If they come here, they will already have the potential use of the motorsports park track for testing. They like the idea of Porter's driving course and, when it's totally finished, the executives of the company will come here to look at it. If they're interested, they would have Ernie Elliott's shop where they could set up business immediately."
Cantrell estimates it will be four to six weeks before Carbon Motors' executives will come to Dawsonville.

The executives are still looking at Pooler and Braselton as potential sites but, according to Cantrell, it's obvious that Dawson County and the City of Dawsonville have more to offer.

"We're at the beginning stages of trying to entice [Carbon Motors] to come here. We'd like your support and your help," she said, appealing to the mayor and council, and mentioning Carbon Motors is set on having its site chosen by July of this year.

There are a lot of other states clamoring for this company, Cantrell pointed out. She said only one refused. North Carolina turned down Carbon Motors because of the company's non-union status.

"To us, this is a plus," Cantrell said. "It relieves a company of a lot of pressure that can either make or break it."

In the long run, Cantrell said the plant would save Georgia a lot of money in the purchase of police cruisers.

"It costs more to buy a street car and get it ready for law enforcement in the long run," she said. "These cars won't be cheap, but the operating of them will be 40 percent less than what we are paying now. It makes good sense for cities and counties to replace their old cars with these as they can."

Production of the Carbon Motors' cars in Dawsonville could begin by 2012.

There is another site nearby that also has potential, Cantrell warned. Cherokee County could become a front-runner if Dawsonville turns down the opportunity to welcome Carbon Motors to the community.

"The Cherokee plant would possibly have to transport its cars up here to the track," she said, "so it just makes more sense to have it here."

After listening to Cantrell's presentation, Cox said he appreciated her input.

"I feel it would be a good opportunity," he said. "We've sat on our duffs for too long and let too many opportunities go by. We just want to make sure that all the facts are out there."

"I think it would be most wonderful for the economy of both Dawson County and Georgia if we can get [Carbon Motors] here," Cantrell said. "We jumped on it when we heard that Georgia may be out of the running for it and we're in the process of trying to get them to see Dawsonville as a site of choice."

Cantrell, daughter of the late Duck Thurmond, said she's not worried about an operation like Carbon Motors affecting the quality of life on Highway 183.

"If dad were living, he would applaud this," she said. "Duck Thurmond was absolutely for progress. I know how beautiful that area is up there, I grew up there and I wouldn't do anything to cause harm to it."

She also feels strongly about the importance of what Carbon Motors does.

"My son is in law enforcement. I feel this will improve [officers'] comfort and way of working," she said.

For more information about Carbon Motors, visit http://www.carbonmotors.com/.

Yesterday's around town sighting...

Move AMP received word on an intersting, "around town" sighting yesterday. Our source was coming home from the grocery store and drove by the Pool Room, and who was coming out?

Mike Berg, chairman of the county commissioners, Joey Homans, county attorney, Gordon Pirkle, Downtown Development Authority member, Joe Lane Cox, the beloved motorized mayor, and Jeremy Porter, AMP developer, all smiles.

Source reportedly said she stopped to say hello to Berg.

Source remarked, "Who'd have thought you'd be keeping such good company?"

He just said, "hello" in response.

Source also claims (to no surprise) they were seen shaking hands and acting like they'd just wrapped up another one of those famous backroom, off the record meetings.

Dawson Community News: City in hunt for police car plant

Well, after months of stonewalling by city and county officials, it appears we now know more about the master plan for the property.

City in hunt for police car plant

Carbon Motors eyes site near motorsports park


Dawsonville is in the running for an assembly plant that would build a specialized, high performance police car.

Real estate agent Carolyn Cantrell told the Dawsonville City Council on Monday night that Carbon Motors is interested in 200 to 250 acres on Hwy. 183, across from the Elliott Racing Complex.

The proposed plant would produce the Carbon E7, a prototype police cruiser that could go up to 155 mph and feature voice control, night-vision cameras and a license plate recognition system. The automaker is expected to make a decision by July. Cantrell estimated the plant’s overall economic impact at $3 billion over 10 years. The initial 250 new jobs could grow to as many as 2,000 when the plant reached full capacity.

Numerous factors, including access to major automotive suppliers and Dawsonville’s proximity to Atlanta, attracted Carbon to the site. But the key, Cantrell said, was the recently approved motorsports park on Duck Thurmond Road.

“Wherever they (Carbon Motors) go, they’re going to have to have a test track,” she said. City council last month approved zoning for a sports car country club, which would include nearly three miles of high performance road course.

Preliminary estimates by the Development Authority of Dawson County indicated the motorsports park would be an economic stimulator for the area, with other like industry following suit.

Dawsonville Mayor Joe Lane Cox said he did not want to pass up the opportunity.

“We need to dig in and push ourselves,” he said. “We’ve let some good opportunities slip by.”

Cantrell facilitated the land deal between motorsports park developer Jeremy Porter and Ernie Elliott. The Elliotts also own the property Cantrell is showing the automaker.

“The only involvement the Elliotts have is they are selling the land,” she said. “This is not an Elliott project.”

Earlier this year, the cities of Braselton and Pooler emerged as the two Georgia finalists for the automotive assembly plant. But Braselton appears to have fallen out of the running, Cantrell said, while Pooler is “having problems.”

“This area is by far a better spot for it,” she said.

Other finalist sites announced by the company include Connersville, Ind., Plymouth, Mich., Charlotte, N.C., and Greenville and Spartanburg, S.C.

Based in Atlanta, Carbon Motors prefers to stay in Georgia, Cantrell said.

Representatives from Carbon Motors are expected in town within the next few weeks to review the proposed site, nearby racing complex and plans for the motorsports park.

William Santana Li, Carbon Motors’ founder and chief executive officer, said in a statement that the company is working to “foster the public-private sector collaboration needed to provide our first responders the equipment they so sorely need.”

Carbon Motors is prepared to invest more than $350 million in developing and producing the Carbon E7, which is slated for production in 2012. The car will be powered by a biodiesel capable engine that uses clean diesel technology.

Dawson County Sheriff’s Lt. Col. Greg Rowan is familiar with the prototype and encouraged that Carbon Motors is considering the local site.

“A few years ago, they asked for suggestions on what officers need in patrol cars,” Rowan said. For his comments, Rowan won a contest to receive one of the first cars off the assembly line.

“We’re looking forward to getting the car,” he said.

The Downtown Development Authority also appears on board with bringing the automaker to Dawsonville, though at least one member expects some opposition.

Authority member Gordon Pirkle said he thinks the same group that opposed the motorsports park will fight to keep industry out of the rural area.

“But we’ve got to look at it this way,” Pirkle said. “We’ve got to do things to keep our kids here after high school and college. They aren’t going to stay here in Dawson County for retail jobs, and this would bring good, high-paying jobs.

“I can’t believe anyone wouldn’t want that.”

Wednesday, April 15, 2009

Judging by the pictures, we'd fight as well to keep that pristine, secluded area

Great pictures of the Hamryka's farm, as seen in Big Canoe's Smoke Signals. Bottom line, it doesn't matter... wealthy, low income, farm, business owner, middle income, low income - whatever. It stinks for everyone involved next to this pending mess. And people that aren't living next to it and keep talking smack about the opposition and supporting the project. Well, those jackhammers need to be the first ones to trade places with adjacent homeowners. Put up or shut up! If you dig it so much, then move closer to it.

















Tuesday, April 14, 2009

Smoke Signals: Dawsonville okays AMP rezoning; Hamryka’s vow to fight on, pursue legal action

Dawsonville okays AMP rezoning

Hamryka’s vow to fight on, pursue legal action By Barbara Schneider

bschneider@bigcanoenews.com

Fifteen minutes into its Monday night meeting, the Dawsonville City Council unanimously approved rezoning 152 acres along Duck Thurmond Road for the proposed Atlanta Motorsports Park.

The Council’s vote will reclassify a portion of 1,500 acres currently owned by the Elliot family along Duck Thurmond Road near Hwy 53 from residential 1 to CIR (restricted industrial district). Before the vote, Steve Holder, Dawsonville’s Planning Director, read 22 stipulations the Council attached to the proposal. When constructed, AMP will be about four miles from Big Canoe’s north gate.

Old business

The zoning change, listed as old business on the Council’s April 13 agenda, comes after months of public meetings, protests from Citizens4 Dawson and concerned neighbors, and a slick PR campaign from AMP developer Jeremy Porter.

As soon as Mayor Joe Lane Cox announced the rezoning was approved -- and while scattered boos and cheers erupted from opposing sides in the crowded council chamber -- AMP’s PR people handed the media a two-page press release beginning with a “We could not have received better news. I am ecstatic,” quote from developer Porter. The release listed “strategic partners and contractors who had already been selected “in anticipation of the [rezoning] approval.”

Opposes AMP

Meeting with the media after the vote, Wes(t) Hamryka, who owns a 70-acre horse farm directly across Duck Thurmond Road from the proposed motorsports park, vowed to continue the fight. “It’s what we expected at this stage,” he said when asked about the council’s vote to approve rezoning. “We are prepared to take this to the next legal step.”

When asked by an Atlanta Journal-Constitution reporter why he would be willing to spend possibly a hundred thousand dollars to fight the city, Hamryka replied, “The Council only voted to change zoning on one property but the precedent is set for the next developer who comes in.” The City, he said, basically threw out the land use plan approved last year. He is prepared to sue the City of Dawsonville for improper spot zoning and willing to take the City through protracted legal battle.

Wednesday, April 8, 2009

Cartoon ad in today's Dawson News & Advertiser about AMP

Image of AMP ad that appeared in today's paper - courtesy of Sam Horner. Enjoy.





















And be on the lookout for the below.





Friday, March 27, 2009

Dawson Community News: Letter by James Thurmond

From this week's paper - a great letter penned by James Thurmond.

Thanks to all opposing the park

My name is James Thurmond and I love my family.

I would like to state publicly that, for me, one of the few good things that has come from this terribly wrenching debate over the inappropriate placement of the Atlanta Motorsports Park on Duck Thurmond Road in Dawson County is that I have met so many wonderful people these past few months that I may never have had the real honor of knowing otherwise.

While this debate burns ineffably around us, and what was once a strong, united community now sees its future dangling perilously on the threshold of permanent division, I have met what I modestly consider to be the most compassionate and indomitable group of citizens who, like me, are vehemently against the placement of this park on our road.

I am standing with these citizens against this park because it promises to threaten our lives, our quality of life and our livelihoods in a manner insouciant to everything we hold dear.

Wrapped within the gilded folds of “good intentions” lies a project that will upend the lives of hundreds of families in the surrounding area and mercilessly trample upon the sylvan beauty of our backyards.

We will not find peace next to this noisy and noisome injustice.

This park will rend the very flesh of the restful contentment so many families here have worked so hard to achieve and fought so long to preserve.

Beauty within Dawson County will be threatened. We will become over-developed, over-polluted and over-burdened.

Our fresh air will turn putrid, our trees will be felled and our water will become undrinkable.

I fight this because there is nothing in life I hold dearer or closer to my heart than my family. I would not see them be made to suffer just so some extremely selfish people can have a “place to play.”

I find this attitude deplorable and insulting.

Regardless of the gold-plated promises, I have no doubt that we will all be made to suffer for the careless greed of a few if this project passes.

And when it fails, we, as the taxpayers of this county, will be left holding a wasteland of broken promises, darkness and ashes.

The pieces left will be ours to clean up.

We’ve been called “whiners,” the opposition.

Of course we’re “whiners.” Loud and clear.

I should hope that those supporting this park would whine too if their families were being threatened the way ours are.

But that’s what honorable people do. They fight for their friends and neighbors. They fight for their families.

They ignore the aggrandizing rhetoric and search for the truth.

So, to all the wonderful people I’ve met opposing this park I would like to extend my eternal thanks.

You’ve all shown me that there is indeed still true, unblemished honor left in the world.

Indeed, ever since I’ve met the outstanding citizens united against this park, the number of people I consider family has grown exponentially.

James Thurmond

Dawson County
http://www.dawsonnews.com/news/article/1479/