Interesting points discussed from last month's court hearing.
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AMP construction given the green light
The next step in the process is the hearing on the outstanding Motions for Summary Judgment
By Lynda Zblewski
lzblewski@bigcanoenews.com
On November 30, 2010, Senior Judge John Girardeau denied a motion for Interlocutory Injunction that would have halted construction at the site of the new Atlanta Motorsports Park (AMP).
Although the Court conceded the “potential” existed for the park to be a nuisance, the Plaintiffs (West and Helen Hamryka) had not shown enough of a current nuisance to merit an immediate injunction, according to the judge.
Porter “tickled” by decision
Following the November 30 hearing, Jeremy Porter, developer of AMP, was quoted in the Dawson Community News as being “tickled” at the judge’s decision (“Judge allows work to continue at park site”, by Michele Hester, posted December 8, 2010). He was further quoted as saying, “We are continuing to move forward, and I just pray the facts of this case continue to come out”.
The next step in the process is the hearing on the outstanding Motions for Summary Judgment. The attorney for the Hamryka’s, Richard Wingate, stated that the “plaintiffs are confident in the merits of their Motions and believe that the law will prevail in this case”.
The date for oral hearing of these motions was scheduled for December 21, 2010. At issue is the rezoning action by the City of Dawsonville, which ultimately permitted construction of the AMP facility. According to Wingate, “If the Court grants any of the Plaintiffs’ outstanding Motions, then the rezoning action is void and all construction activities at the AMP property must cease”.
During the November 30th proceeding, Wingate stated that the Hamryka’s had already suffered a significant loss in their property’s value. He also referred to their potential loss of business revenue in the training of hunter/jumper horses if clients moved elsewhere over concerns about their animal’s well-being.
Dr. Sue McConnell, a University of Pennsylvania professor and animal behaviorist was called to testify by Timothy Tanner, attorney for Atlanta Motorsports Park. During her testimony she stated, in her professional opinion, the noise from the operation of the AMP facility would not be detrimental to the horses and most horses would likely acclimate to the sounds over time.
During the hearing AMP developer Porter also testified. He was questioned with regard to current construction progress, the investment made to date and the future operation of the AMP facility.
As of November 30th Porter indicated that the AMP facility was 75 percent complete. The current target opening date is March of 2011. This date allows for 35 days of rain. If the rainfall is less, they anticipate opening sooner.
Porter also testified that approximately $4.8 million had been invested as of that date. This included, but was not limited to, expenses involved with tree harvesting, grading, infrastructure, concrete work for the entrance and signage. He also indicated that if work were to cease, five local companies would be adversely impacted. The five companies were not named.
When asked what type of vehicles would be using the facilities and course at Atlanta Motorsports Park, Porter testified that he anticipated about 75% of them would be standard production vehicles most likely of a sports car variety. The remaining 25% would be racing-type vehicles.
This response led to a question as to whether or not racing fuel would be stored at the facility. Porter believed that there would be some racing fuel kept on-site but was unsure as to how much. It was also unclear as to how the fuel would be contained and where on the grounds it would be stored.
A question was posed to Porter about the anticipated hours of operation of Atlanta Motorsports Park. He answered that hours of operation would be similar to that of a regular business day. According to the AMP website they indicate office hours are 9 a.m. until 5 p.m. Monday through Friday, and that “course hours” would be “determined upon scheduling”.
Following that line of questioning, Porter was queried at length about the decibel level monitoring that would need to be maintained. He indicated that the decibel level they must maintain is an average of 60 Dba. According to the stipulations of the rezoning agreement, however, that average is based on “hours of operation”, which will include ‘dead’ hours when the course is not in use.
Tanner, attorney for Atlanta Motorsports Park was contacted with a request for a Smoke Signals interview of Mr. Porter. In his response Tanner declined the interview citing the ongoing litigation. He did however acknowledge our request for a statement. At press time that statement and an additional request for clarification of some of Porter’s testimony had not been received.
Ed. note: Because results of the December 21, 2010 hearing will not be available before this issue goes to press we are not able to give you the Court’s decision. Please check Smoke Signals Online – www.bigcanoenews.com --for any updates.
Showing posts with label Big Canoe. Show all posts
Showing posts with label Big Canoe. Show all posts
Tuesday, December 21, 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
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.
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.
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