Dawson Community News: Judge hears motion in motorsports suit

Judge hears motion in motorsports suit
by Michelle Hester

Attorneys for the couple trying to stop construction of a motorsports park in western Dawson County say a security deed signed by EHK Investments confirms the group is a proper party in the lawsuit.

West and Helen Hamryka, whose property sits across from the park site, filed suit last year against EHK, the city of Dawsonville and Atlanta Motorsports Park.

The Hamrykas contend the development would cause a nuisance to their lives and their horse-training business.

Tom Calkins, who represents EHK, appeared in court Friday afternoon to argue that his clients “are strangers to this property at this time.”

EHK, which includes renowned NASCAR engine builder Ernie Elliott, filed a motion for summary judgement, asking to be dismissed from the case on grounds it was an improper party in the suit.
“From our standpoint, EHK no longer owns or controls the AMP property,” Calkins said.

But a court brief filed by attorney Richard Wingate, who represents the Hamrykas, claims EHK’s owner financed the property to Jeremy Porter, founder of Atlanta Motorsports Park, at $1.4 million last September.

“The defendant has repeatedly stated in his brief and elsewhere that he no longer holds ownership interest or control over the AMP property,” Wingate said. “The security deed ... is to secure the purchase price of the property and any future obligations.

“This security deed gives EHK undeniably legal ownership interest in the property and it confirms that EHK is a proper party for this lawsuit.”

Porter’s 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.

Northeastern Judicial Circuit Superior Court Judge Bonnie Oliver did not make a ruling in the case. No subsequent hearing date has been set.

In November, a judge denied the defendants’ motion to dismiss the case, allowing the plaintiffs to move forward.

Porter received a land disturbance permit from the city in mid-March and has begun clearing trees on the site.

Dawson News & Advertiser: EHK requests summary judgment in AMP case

EHK requests summary judgment in AMP case

by A.J. Puckett

EHK (Ernie Elliott) Investments was in court Friday afternoon for a hearing with Superior Court Judge Bonnie Oliver. EHK, which was named as a defendant in the case surrounding Atlanta Motorsports Park (AMP), filed a motion for summary judgment in February on the grounds that there is “no genuine issue to be tried.”

Oliver did not make a decision during the hearing Friday, according to Thomas Calkins, who represents EHK.

(Rest of story can be found in this week's print edition of the Dawson News & Advertiser. It is subscription only.)

Court hearing tomorrow

Email making the rounds - see below.

Tomororow Judge Bonnie Oliver will hear EHK Investments, LLC's motion for summary judgement. This is an attempt to gain release from the ongoing lawsuit on the part of EHK Investments, LLC. (Elliott corp). A brief hearing is anticipated at 1:30 at the Dawsonville Courthouse.

This is the first hearing with the new judge. A showing of concerned residents may emphasize the importance this case has to the surrounding community who will be negatively impacted by the motorsports park noise and traffic. We understand this is late notice; however, we ourselves were just informed of this latest development.

AMP has continued stripping the land, ignoring the "undisturbed buffer" required by the rezoning.

"Water conservation shifts into overdrive," but noise abatement plan is in reverse

Hopefully, Porter's dedication to finding the best, enviro-minded urinals around will be duplicated when it comes to building sound buffers for "his neighbors." I know top of the line hay bales are so chic and effective, but I'm sure other meaningful measures exist so he can be a "good neighbor" - which he proclaimed to all in attendance at the rezoning vote last year.

Kudos on the environmental angle, though.

Water Conservation Shifts into Overdrive at Atlanta Motorsports Park with Falcon

Source: Falcon Waterfree Technologies

Apr. 7, 2010

When guests at Atlanta Motorsports Park make a men's room 'pit stop,' they'll have a high-tech, high-performance experience with Falcon Waterfree urinals. The touch-free, waterfree urinals are one of several environmental features at the only green sustainable motorsports park in the world and are estimated to save more than 1 million gallons of water per year, enough to fill 200 tank trucks.

'We've considered the environmental footprint of every aspect of building our motorsports park, and the Falcon Waterfree urinals meet or beat every requirement for high performance and sustainability,' explains Jeremy Porter, CEO of Atlanta Motorsports Park. 'Besides enlisting the top designers for our track and buildings, we're using the best equipment and fixtures such as Falcon Waterfree urinals throughout in order to provide a remarkable and exclusive experience for our club members.'

Rest of release - http://www.environmental-expert.com/resultEachPressRelease.aspx?cid=10534&codi=161483&lr=1

Least he opted for the novelty wallpaper.