MOVE AMP has been traveling, so we apologize for the delayed posting of this story.
Nonetheless, see the below article in the Dawson News.
About the attorney not being available... That's interesting because he has been available for everyone else. He was recently quoted in a story a couple of weeks ago.
Considering the paper has been in the tank for Porter's racetrack since the beginning, we suspect the paper never tried (or if they did, it was at the very last second - an hour or two before their deadline - so they could use this canned line).
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Judge may halt work at car park site
Hearing set for Tuesday
November 24, 2010
Opponents will ask a Superior Court judge on Tuesday to halt construction of a motorsports park in western Dawson County.
The testimony Senior Judge John Girardeau is expected to hear likely will be limited to the motion for interlocutory injunction that West and Helen Hamryka filed in October.
The Hamrykas, who live and operate a horse training business on about 70 acres across Duck Thrumond Road from the park site, contend they are “reasonably certain to sustain irreparable damage” if construction continues.
Attempts to reach their attorney were not successful.
Plans for Atlanta Motorsports Park call for about two miles of high performance road course for two- and four-wheel vehicles. Park features also include a members-only lounge, 10,000-square-foot clubhouse, pool and hiking trails.
The Hamrykas filed suit against developer Jeremy Porter shortly after the city of Dawsonville approved zoning for the park in 2008.
The motion for injunction asks to halt construction until a judge or jury can rule in the original complaint.
Porter remains optimistic construction will be allowed to continue, but said he is “sad to see someone try to stop a project that has put five local companies back to work.”
“I’ll be very surprised if the judge grants the motion,” he said.
The city and EHK Investments were also named in the suit, which argues the defendants are responsible for the “unlawful interference” of the plaintiffs’ right to enjoy their property and “for the disruption of their business.”
In addition, the lawsuit also contends the city violated zoning law by not requiring a regional impact study, which is required of mixed use developments.
EHK, which sold the property to Porter, was released from the suit in October after Girardeau ruled that knowing the intention of the site did not establish liability.
Tuesday, November 30, 2010
Friday, November 19, 2010
Smoke Signals: Nov. 30 hearing to determine if injunction will halt further AMP construction
Great story below. Thanks to Smoke Signals for publishing an excellent article about the lawsuit. Be there if you can, in red shirts, on Tues., Nov. 30 at 10 am at the Dawson County Courthouse to show your opposition/disgust for this future nuisance.
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Will legal action put the brakes on Dawsonville’s proposed motorsports park?
With city cutbacks, Dawsonville mayor now responsible for oversight of zoning stipulations
By Lynda Zblewski
A November 30 hearing will determine whether a judge will approve an injunction to halt further development at the controversial Atlanta Motorsports Park (AMP) until all legal issues are resolved.
According to a statement issued by Richard Wingate, attorney for the Hamryka family (plaintiffs in this case), Senior Judge John Girardeau will hear the plaintiff’s motion for an interlocutory injunction against the proposed AMP at 10 a.m. on Tuesday, November 30, at the Dawson County Courthouse.
The purpose of the injunction is “to preserve the status quo, so that no further degradation of the environment can occur until the Court has ruled on the merits of Plaintiffs’ claims.”
Following rezoning of 152 acres in April 2009, West Hamryka, who owns a 70-acre horse farm across from the proposed motorsports park, filed suit charging the rezoning action was illegal. The suit claimed the defendants—City of Dawsonville, its mayor and council, Atlanta Motorsports Park, LLC, Jeremy Porter (Forsyth resident and AMP developer), and EHK Investments, LLC—were responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”
On November 12, 2009, Judge Kathlene Gosselin issued an order completely denying all of the defendants' motions to dismiss the suit.
Resolute and determined
In a recent phone interview with Smoke Signals, West Hamryka’s resoluteness was apparent. He stated emphatically that his “resolve is unrelenting despite the active construction.” When asked if any legal change had occurred since the defendants’ motion to dismiss was denied last November, he said EHK Investments, LLC had been dropped from the suit.
The Hamrykas have also filed several motions according to Wingate “which if granted, will dispose of the lawsuit and prevent the AMP project from being completed because of the illegal rezoning action by the City of Dawsonville.”
Hamryka also stated: “We look forward to our first true day in court. We hope this project will be seen for the nuisance it is and that the court will reverse the illegal rezoning.” This proceeding will be open to the public and he encourages concerned citizens to attend.
Although Hamryka’s suit continues to move forward, work on the motorsports complex has also been allowed to proceed. According to Dawsonville City Clerk, Bonnie Warne, the appropriate land disturbance and signage permits have been applied for and issued to AMP.
The AMP website describes current construction status, along with photos of the progress. Although no building construction has begun, much grading and track work is continuing. As of this writing the AMP website reports they expect to be “operational” by the end of 2010.
Oversight of zoning stipulations
When the rezoning was approved last April, it carried 22 stipulations, a number of which were to be overseen by the Dawsonville Planning Director but, at this time, that position no longer exists. In an interview with Smoke Signals, Dawsonville Mayor Joe Lane Cox explained the oversight of these stipulations was now the responsibility of his office. Cox says he personally visits the site approximately two times a week.
In addition, portions of the construction supervision have been contracted out to Dawson County, as no personnel are employed by the City of Dawsonville to carry out these responsibilities. According to Mayor Cox this oversight is primarily in the area of environmental concerns.
When asked whether there had been any environmental issues, he related that there had been one early incident with regard to silt fencing that resulted in a fine. Since that time AMP has been in compliance. Two Dawson County employees are at the site once a week.
Mayor Cox was asked about one stipulation in particular that pertained to noise monitoring of the decibel level when the track is operational. This stipulation states there are to be a minimum of four sound meters placed around the perimeter of the property that will enable the decibel level to be monitored. The Mayor indicated that he planned to have a person assigned responsibility for monitoring the sound levels by the time the facility opened.
There was brief discussion of the AMP Web site claim that they planned to be operational by year’s end; however, Mayor Cox felt that was quite optimistic. He feels the timetable for opening is more likely next summer.
In a proactive move, a spokesperson for the Big Canoe Company, LLC confirmed that they have completed a sound study within Big Canoe to measure current sound levels. The purpose of this study is to provide a baseline for comparison if noise from AMP becomes an issue within our community.
Link to story:
http://bigcanoenews.com/index.php?option=com_content&view=article&id=4366%3Anov-30-hearing-to-determine-if-injunction-will-halt-further-amp-construction-&catid=87%3Aheadline-stories&Itemid=100001
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Will legal action put the brakes on Dawsonville’s proposed motorsports park?
With city cutbacks, Dawsonville mayor now responsible for oversight of zoning stipulations
By Lynda Zblewski
A November 30 hearing will determine whether a judge will approve an injunction to halt further development at the controversial Atlanta Motorsports Park (AMP) until all legal issues are resolved.
According to a statement issued by Richard Wingate, attorney for the Hamryka family (plaintiffs in this case), Senior Judge John Girardeau will hear the plaintiff’s motion for an interlocutory injunction against the proposed AMP at 10 a.m. on Tuesday, November 30, at the Dawson County Courthouse.
The purpose of the injunction is “to preserve the status quo, so that no further degradation of the environment can occur until the Court has ruled on the merits of Plaintiffs’ claims.”
Following rezoning of 152 acres in April 2009, West Hamryka, who owns a 70-acre horse farm across from the proposed motorsports park, filed suit charging the rezoning action was illegal. The suit claimed the defendants—City of Dawsonville, its mayor and council, Atlanta Motorsports Park, LLC, Jeremy Porter (Forsyth resident and AMP developer), and EHK Investments, LLC—were responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”On November 12, 2009, Judge Kathlene Gosselin issued an order completely denying all of the defendants' motions to dismiss the suit.
Resolute and determined
In a recent phone interview with Smoke Signals, West Hamryka’s resoluteness was apparent. He stated emphatically that his “resolve is unrelenting despite the active construction.” When asked if any legal change had occurred since the defendants’ motion to dismiss was denied last November, he said EHK Investments, LLC had been dropped from the suit.
The Hamrykas have also filed several motions according to Wingate “which if granted, will dispose of the lawsuit and prevent the AMP project from being completed because of the illegal rezoning action by the City of Dawsonville.”
Hamryka also stated: “We look forward to our first true day in court. We hope this project will be seen for the nuisance it is and that the court will reverse the illegal rezoning.” This proceeding will be open to the public and he encourages concerned citizens to attend.
Although Hamryka’s suit continues to move forward, work on the motorsports complex has also been allowed to proceed. According to Dawsonville City Clerk, Bonnie Warne, the appropriate land disturbance and signage permits have been applied for and issued to AMP.
The AMP website describes current construction status, along with photos of the progress. Although no building construction has begun, much grading and track work is continuing. As of this writing the AMP website reports they expect to be “operational” by the end of 2010.
Oversight of zoning stipulations
When the rezoning was approved last April, it carried 22 stipulations, a number of which were to be overseen by the Dawsonville Planning Director but, at this time, that position no longer exists. In an interview with Smoke Signals, Dawsonville Mayor Joe Lane Cox explained the oversight of these stipulations was now the responsibility of his office. Cox says he personally visits the site approximately two times a week.
In addition, portions of the construction supervision have been contracted out to Dawson County, as no personnel are employed by the City of Dawsonville to carry out these responsibilities. According to Mayor Cox this oversight is primarily in the area of environmental concerns.
When asked whether there had been any environmental issues, he related that there had been one early incident with regard to silt fencing that resulted in a fine. Since that time AMP has been in compliance. Two Dawson County employees are at the site once a week.
Mayor Cox was asked about one stipulation in particular that pertained to noise monitoring of the decibel level when the track is operational. This stipulation states there are to be a minimum of four sound meters placed around the perimeter of the property that will enable the decibel level to be monitored. The Mayor indicated that he planned to have a person assigned responsibility for monitoring the sound levels by the time the facility opened.
There was brief discussion of the AMP Web site claim that they planned to be operational by year’s end; however, Mayor Cox felt that was quite optimistic. He feels the timetable for opening is more likely next summer.
In a proactive move, a spokesperson for the Big Canoe Company, LLC confirmed that they have completed a sound study within Big Canoe to measure current sound levels. The purpose of this study is to provide a baseline for comparison if noise from AMP becomes an issue within our community.
Link to story:
http://bigcanoenews.com/index.php?option=com_content&view=article&id=4366%3Anov-30-hearing-to-determine-if-injunction-will-halt-further-amp-construction-&catid=87%3Aheadline-stories&Itemid=100001
Thursday, November 11, 2010
AMP lawsuit update: Court date set; plaintiffs filed several motions for summary judgment
Read the below email we received last night regarding the upcoming court date on Tuesday, November 30 at 10 am.
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Email from Dawsonville MSP Opposition (thanks for sending):
Greetings neighbors and concerned members of the community!
The Hamrykas and their attorneys have been working on this case diligently since it began despite the active construction at the site... and the day in court is here!
Tuesday, November 30th, 10:00 a.m., Senior Judge John Girardeau will hear the Plaintiff's Motion for Interlocutory Injunction.
This Motion for Interlocutory Injunction is to preserve the status quo, so that no further degradation of the environment can occur until (in our opinion - it looks like the damage is already done and irreparable) the Court has ruled on the merits of Plaintiffs' claims.
Show up to the court in solidarity, in support of the Hamryka family, and show your desire to preserve the integrity of our community against inappropriate, invasive, high impact businesses invading our homes.
Stand for what is right alongside the Hamrykas.
Thank you and hope to see you at the courthouse Tuesday, November 30th, 10:00 a.m.!
We will send out a reminder along with any potential updates the weekend before the hearing.
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Email from Dawsonville MSP Opposition (thanks for sending):
Greetings neighbors and concerned members of the community!
The Hamrykas and their attorneys have been working on this case diligently since it began despite the active construction at the site... and the day in court is here!
Tuesday, November 30th, 10:00 a.m., Senior Judge John Girardeau will hear the Plaintiff's Motion for Interlocutory Injunction.
The Plaintiffs have asked the Court to halt the development of the AMP Property until all the underlying legal issues have been conclusively resolved. Plaintiffs have filed several Motions for Summary Judgment, which if granted, will dispose of the lawsuit and prevent the AMP Project from being completed because of the illegal rezoning action by the City of Dawsonville.
This Motion for Interlocutory Injunction is to preserve the status quo, so that no further degradation of the environment can occur until (in our opinion - it looks like the damage is already done and irreparable) the Court has ruled on the merits of Plaintiffs' claims.
Show up to the court in solidarity, in support of the Hamryka family, and show your desire to preserve the integrity of our community against inappropriate, invasive, high impact businesses invading our homes.
Stand for what is right alongside the Hamrykas.
Thank you and hope to see you at the courthouse Tuesday, November 30th, 10:00 a.m.!
We will send out a reminder along with any potential updates the weekend before the hearing.
Wednesday, October 27, 2010
Contact the U.S. Fish and Wildlife Service about potential track runoff/pollution issues
After watching this video of Porter talking about the "green" (i.e. money and screwing up the local land/environment), I had a slight observation/question. If he's all about being green, then why is he whining about spending $300,000 in stream credits and obtaining a permit to cross a stream on the property?
Further, this stream feeds into other tributaries that are home to the endangered and federally protected Etowah darter, which is found in nearby waterways. This fish will probably see its fair share of stormwater/track runoff (e.g. oil, car fluids, etc.) from his "green" race park.
Other darter species, both threatened and endangered (and federally protected by law), could experience similar negative (and possibly deadly) impacts from pollution runoff issues associated with his race track.
The U.S. Fish and Wildlife (FWS) is closely following development and pollution issues relating to several darter species in northwest Georgia. Readers are strongly encouraged to contact the FWS (see below) about potential runoff/pollution issues. Request the federal agency, which you fund through your tax dollars, to review Porter's applicable environmental work. If he's so green, then surely his stream mitigation and runoff studies/plans will limit any harmful impacts to these threatened and endangered species.
Contact information for the U.S. Fish and Wildlife Service:
Cindy Dohner, Regional Director or Ken McDermond, Deputy Regional Director
1875 Century Boulevard
Atlanta GA, 30345
southeast@fws.gov
404-679-4000
OR
Pete Pattavina
706-613-9493 x236
pete_pattavina@fws.gov
Further, this stream feeds into other tributaries that are home to the endangered and federally protected Etowah darter, which is found in nearby waterways. This fish will probably see its fair share of stormwater/track runoff (e.g. oil, car fluids, etc.) from his "green" race park.
Other darter species, both threatened and endangered (and federally protected by law), could experience similar negative (and possibly deadly) impacts from pollution runoff issues associated with his race track.
The U.S. Fish and Wildlife (FWS) is closely following development and pollution issues relating to several darter species in northwest Georgia. Readers are strongly encouraged to contact the FWS (see below) about potential runoff/pollution issues. Request the federal agency, which you fund through your tax dollars, to review Porter's applicable environmental work. If he's so green, then surely his stream mitigation and runoff studies/plans will limit any harmful impacts to these threatened and endangered species.
Contact information for the U.S. Fish and Wildlife Service:
Cindy Dohner, Regional Director or Ken McDermond, Deputy Regional Director
1875 Century Boulevard
Atlanta GA, 30345
southeast@fws.gov
404-679-4000
OR
Pete Pattavina
706-613-9493 x236
pete_pattavina@fws.gov
Wednesday, October 20, 2010
Update?
Don't have one. We're still here - scanning the news, emails, social media, etc. for updates. Stay tuned.
Hopefully Porter and AMP will give us some more fodder like the oh so brilliant Super Speeder promotion. Remember that gem... when the media skewered him for his ill-conceived PR stunt.
Maybe he can do one for the coolest spoiler?
Hopefully Porter and AMP will give us some more fodder like the oh so brilliant Super Speeder promotion. Remember that gem... when the media skewered him for his ill-conceived PR stunt.
Maybe he can do one for the coolest spoiler?
Thursday, September 23, 2010
Dawson County News: Former property owner released from lawsuit
Judge: Knowing intention of site does not create liability
A judge ruled Sept. 14 that the former owner of 152 acres in western Dawson County is not a proper party for a lawsuit challenging the construction of a motorsports park on the site.
Porter’s plan calls for about two miles of high performance road course for two- and four-wheel vehicles. Other features include a members-only lounge, 10,000-square-foot clubhouse, pool and hiking trails.
Porter and the city of Dawsonville are also named in the suit, which challenges zoning regulations and argues the park will create a nuisance for the plaintiffs, West and Helen Hamryka.
Richard Wingate, an attorney for the Hamrykas, on Monday said Girardeau’s ruling “was very limited in scope and has no impact on the rest of the lawsuit.”
“We are still moving forward,” he said.
The Hamrykas own a home and horse training facility across Duck Thurmond Road from the site, where grading work has begun.
Porter said dismissing EHK from the suit will lead to a domino effect for the other defendants in the case.
Elliott could not be reached for comment.
The case was assigned to Girardeau after Superior Court Judges Bonnie Oliver and Kathlene Gosselin recused themselves.
A judge ruled Sept. 14 that the former owner of 152 acres in western Dawson County is not a proper party for a lawsuit challenging the construction of a motorsports park on the site.
Northeastern Judicial Circuit Senior Judge John Girardeau granted a motion for summary judgement filed by EHK Investments, saying the firm’s knowledge that the property was to be used as a motorsports park does not “create liability.”Famed NASCAR engine builder Ernie Elliott owns EHK Investments. In September 2009, he sold the property on Duck Thurmond Road, west of downtown Dawsonville, to developer Jeremy Porter, president of Atlanta Motorsports Park.
Porter’s plan calls for about two miles of high performance road course for two- and four-wheel vehicles. Other features include a members-only lounge, 10,000-square-foot clubhouse, pool and hiking trails.
Porter and the city of Dawsonville are also named in the suit, which challenges zoning regulations and argues the park will create a nuisance for the plaintiffs, West and Helen Hamryka.
Richard Wingate, an attorney for the Hamrykas, on Monday said Girardeau’s ruling “was very limited in scope and has no impact on the rest of the lawsuit.”
“We are still moving forward,” he said.
The Hamrykas own a home and horse training facility across Duck Thurmond Road from the site, where grading work has begun.
Porter said dismissing EHK from the suit will lead to a domino effect for the other defendants in the case.
Elliott could not be reached for comment.
The case was assigned to Girardeau after Superior Court Judges Bonnie Oliver and Kathlene Gosselin recused themselves.
Thursday, September 16, 2010
Dawson County News: Porter promises big at chamber event
Car park official speaks at event
The president of Atlanta Motorsports Park spoke at the Dawson County Chamber of Commerce luncheon last week to give members an update on the facility’s progress.
Jeremy Porter told an audience of more than 80 at the monthly gathering Sept. 9 that the new business will pump dollars into the local economy and perpetuate Dawson County’s racing culture.
Porter said the motor sports culture will be cultivated by the facility.
“In my opinion, this is very much a motor sports community,” he said. “The city, the county ... our hope is to continue to bring that culture into the county.”
The Dawson County Chamber of Commerce holds monthly luncheons, where local business and community leaders are invited to speak.
The president of Atlanta Motorsports Park spoke at the Dawson County Chamber of Commerce luncheon last week to give members an update on the facility’s progress.
Jeremy Porter told an audience of more than 80 at the monthly gathering Sept. 9 that the new business will pump dollars into the local economy and perpetuate Dawson County’s racing culture.
Porter said small businesses will follow the park — located in the county’s west end — to Dawson County, stimulating the economy beyond its immediate impact.Porter said that five local construction companies had already been hired to build the park, benefiting the economy.
“You’re going to see a lot of properties and land being taken up,” Porter said. “Businesses will move to this area, which will bring additional jobs and impact the local economy.”
Porter said the motor sports culture will be cultivated by the facility.
“In my opinion, this is very much a motor sports community,” he said. “The city, the county ... our hope is to continue to bring that culture into the county.”
Dawson County resident Jane Graves asked Porter about the ongoing lawsuit against the business, the city of Dawsonville and EHK Investments by West and Helen Hamryka.He said construction is moving along, and that by the end of 2011, a track and garages would be complete.
“We’re still in the midst of that,” Porter said. “I’m very disappointed.”
The Dawson County Chamber of Commerce holds monthly luncheons, where local business and community leaders are invited to speak.
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