Smoke Signals (Big Canoe): As legal gears grind forward, so will work on Atlanta Motorsports Park

As legal gears grind forward, so will work on Atlanta Motorsports Park

Judge concedes AMP ‘may well be a nuisance’

(A complete review of the Atlanta Motorsports Park case will be reported in the January Smoke Signals, available December 27, 2010. )

By Lynda Zblewski

On Monday, November 30, 2010, Senior Judge John Girardeau denied a motion for Interlocutory Injunction filed by the Hamryka family (Plaintiff’s in this matter) to halt construction at the AMP site.

Although the judge recognized that the project “may well be a nuisance” there did not appear to be enough evidence of a current nuisance to necessitate an injunction at this time.

In a statement from Richard Wingate, attorney for the Hamryka family he states that “the Court did agree to set all of Plaintiffs’ outstanding Motions for Summary Judgment for oral hearing at the earliest possible date. If the Court grants any of Plaintiffs’ outstanding Motions, then the rezoning action is void and all construction activities at the AMP property must cease.”

Attorney Wingate further expressed that “Plaintiff’s are confident in the merits of their Motions and believe that the law will prevail in this case.”

There will be a complete review of the AMP case and the current status in the January Smoke Signals, which will be available December 27, 2010.