Wednesday, November 18, 2009

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. "