Showing posts with label Dawson County. Show all posts
Showing posts with label Dawson County. Show all posts
Wednesday, February 2, 2011
Tuesday, January 18, 2011
Dawson News: Farmer wants to annex into city
Property across from motorsports park site
Frank Reddy
frankreddy@dawsonnews.com
January 5, 2011
A property owner across from the future site of a controversial motorsports park is looking to annex his land into the city of Dawsonville.
Byron Hutson, who owns a 37-acre horse farm on Duck Thurmond Road in western Dawson County, plans to go before the city council at its Jan. 10 regular meeting.
If approved, the residential site would be rezoned “as presently,” or AP, for 12 months. At the end of that time, Hutson could then apply for a different zoning if desired, according to Mayor Joe Lane Cox.
In a recent phone conversation, Hutson said the annexation request was “something we’ve been thinking about doing.”
City Councilman James Grogan noted that Hutson’s land touches the site of Atlanta Motorsports Park, which is in Dawsonville.
Therefore, Grogan said, Hutson “has the right to come into the city.”
The motorsports park, which is under construction, is at the center of a lawsuit that claims zoning laws were violated when the city council approved the park’s rezoning.
Plaintiffs West and Helen Hamryka, who operate a horse farm near Hutson’s property, contend their business and lifestyle would sustain irreparable damage if work on the park continued.
Hutson’s business, Stillwater Farms, is listed as an official sponsor of the Atlanta Motorsports Park on the business’s Web site.
Grogan said he feels “some people in that area are seeing that [the motorsports park] is going to be a benefit to them.”
Those who are inside the city limits are eligible to use municipal infrastructure such as water and sewer.
Frank Reddy
frankreddy@dawsonnews.com
January 5, 2011
A property owner across from the future site of a controversial motorsports park is looking to annex his land into the city of Dawsonville.
Byron Hutson, who owns a 37-acre horse farm on Duck Thurmond Road in western Dawson County, plans to go before the city council at its Jan. 10 regular meeting.
If approved, the residential site would be rezoned “as presently,” or AP, for 12 months. At the end of that time, Hutson could then apply for a different zoning if desired, according to Mayor Joe Lane Cox.
In a recent phone conversation, Hutson said the annexation request was “something we’ve been thinking about doing.”
City Councilman James Grogan noted that Hutson’s land touches the site of Atlanta Motorsports Park, which is in Dawsonville.
Therefore, Grogan said, Hutson “has the right to come into the city.”
The motorsports park, which is under construction, is at the center of a lawsuit that claims zoning laws were violated when the city council approved the park’s rezoning.
Plaintiffs West and Helen Hamryka, who operate a horse farm near Hutson’s property, contend their business and lifestyle would sustain irreparable damage if work on the park continued.
Hutson’s business, Stillwater Farms, is listed as an official sponsor of the Atlanta Motorsports Park on the business’s Web site.
Grogan said he feels “some people in that area are seeing that [the motorsports park] is going to be a benefit to them.”
Those who are inside the city limits are eligible to use municipal infrastructure such as water and sewer.
Tuesday, December 28, 2010
Email circulating the community about last week's court hearing
Read the below email we received about last week's court date. We'll post more when we have it.
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Update on 12/21 hearing
We hope everyone had a wonderful holiday.
It was a very interesting hearing. Although, the number of attendees was small, the Hamryka's appreciated the support of members of the community.
Judge John Girardeau heard oral arguments on three Motions for Summary Judgment filed by the Plaintiffs in Hamryka v. the City of Dawsonville, and one Motion for Summary Judgment filed on behalf of the City.
If granted, any one of the Plaintiffs' three Motions would establish that the rezoning of the AMP Property was done illegally by the City.
The City attorneys requested two weeks to file additional briefs to which the Plaintiffs will respond. A ruling will be issued after the supplemental briefs are submitted.
The Hamrykas were very pleased with the hearing and believe the law will prevail in their favor and the AMP debacle will be stopped.
We will send an update as soon as new information or court date is available.
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Update on 12/21 hearing
We hope everyone had a wonderful holiday.
It was a very interesting hearing. Although, the number of attendees was small, the Hamryka's appreciated the support of members of the community.
Judge John Girardeau heard oral arguments on three Motions for Summary Judgment filed by the Plaintiffs in Hamryka v. the City of Dawsonville, and one Motion for Summary Judgment filed on behalf of the City.
If granted, any one of the Plaintiffs' three Motions would establish that the rezoning of the AMP Property was done illegally by the City.
The City attorneys requested two weeks to file additional briefs to which the Plaintiffs will respond. A ruling will be issued after the supplemental briefs are submitted.
The Hamrykas were very pleased with the hearing and believe the law will prevail in their favor and the AMP debacle will be stopped.
We will send an update as soon as new information or court date is available.
Tuesday, December 21, 2010
Smoke Signals (Big Canoe): AMP construction given the green light. (Obstacles remain, though)
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.
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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.
Wednesday, December 8, 2010
Latest from Dawson Community News
Judge allows work to continue at park site
December 8, 2010
Construction of a motorsports park in western Dawson County can proceed following a judge’s decision last week.
Superior Court Senior Judge John Girardeau ruled Nov. 30 that the plaintiffs in a lawsuit to halt construction of Atlanta Motorsports Park failed to demonstrate “reasonable certainty” the park would create a nuisance once it opens.
“It may turn out to be a noise nuisance. It has that potential,” said Girardeau, who added the evidence was not adequate to determine the nuisance would exist.
Developer and park president Jeremy Porter said he was “tickled” by the judge’s decision.
“We are continuing to move forward, and I just pray the facts of this case continue to come out,” Porter said.
Plaintiffs West and Helen Hamryka, who live and operate a horse training business on about 70 acres across Duck Thurmond Road from the park site, contend their business and lifestyle would sustain irreparable damage if work on the park continued.
A horse behavior expert, however, testified last week that noise from the facility “will have no effect on the behavior of the horses.”
“I cannot imagine any activity that could occur with motor vehicles that could have an impact on the behavior of the horses on the Hamryka property,” said Sue McDonnell, a professor at the University of Pennsylvania School of Veterinary Medicine.
The Hamrykas filed the injunction in October, about 18 months after the city of Dawsonville approved the park’s zoning.
They have also filed suit, claiming zoning law was violated when the Dawsonville City Council approved the park’s rezoning without requiring a development of regional impact study.
Such a study is typically required for mixed-use developments.
Richard Wingate, an attorney for the Hamrykas, said his clients “are confident in the merits of their motions and believe that the law will prevail in this case.”
“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,” Wingate said.
Porter said construction is about 75 percent complete.
“We’re looking at completing the project in March or April, depending on the weather,” he said.
Plans for the 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.
Girardeau is expected to hear motions from both sides within the next few weeks. As of Tuesday afternoon, no date had been set.
Michele Hester
Michele@dawsonnews.com
December 8, 2010
Construction of a motorsports park in western Dawson County can proceed following a judge’s decision last week.
Superior Court Senior Judge John Girardeau ruled Nov. 30 that the plaintiffs in a lawsuit to halt construction of Atlanta Motorsports Park failed to demonstrate “reasonable certainty” the park would create a nuisance once it opens.“It may turn out to be a noise nuisance. It has that potential,” said Girardeau, who added the evidence was not adequate to determine the nuisance would exist.
Developer and park president Jeremy Porter said he was “tickled” by the judge’s decision.
“We are continuing to move forward, and I just pray the facts of this case continue to come out,” Porter said.
Plaintiffs West and Helen Hamryka, who live and operate a horse training business on about 70 acres across Duck Thurmond Road from the park site, contend their business and lifestyle would sustain irreparable damage if work on the park continued.
A horse behavior expert, however, testified last week that noise from the facility “will have no effect on the behavior of the horses.”
“I cannot imagine any activity that could occur with motor vehicles that could have an impact on the behavior of the horses on the Hamryka property,” said Sue McDonnell, a professor at the University of Pennsylvania School of Veterinary Medicine.
The Hamrykas filed the injunction in October, about 18 months after the city of Dawsonville approved the park’s zoning.
They have also filed suit, claiming zoning law was violated when the Dawsonville City Council approved the park’s rezoning without requiring a development of regional impact study.
Such a study is typically required for mixed-use developments.
Richard Wingate, an attorney for the Hamrykas, said his clients “are confident in the merits of their motions and believe that the law will prevail in this case.”
“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,” Wingate said.
Porter said construction is about 75 percent complete.
“We’re looking at completing the project in March or April, depending on the weather,” he said.
Plans for the 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.
Girardeau is expected to hear motions from both sides within the next few weeks. As of Tuesday afternoon, no date had been set.
Michele Hester
Michele@dawsonnews.com
Tuesday, December 7, 2010
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.
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.
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?
Friday, August 20, 2010
Dawson County News: Despite lawsuit, park moves ahead
A new judge has been assigned to hear the case against a planned motorsports park in western Dawson County.
Superior Court Judges Bonnie Oliver and Kathlene Gosselin have both recused themselves from presiding over a lawsuit filed by West and Helen Hamryka against Atlanta Motorsports Park, the city of Dawsonville and EHK Investments.
According to Richard Wingate, the Hamryka’s attorney, Oliver vacationed several years ago in a condo owned by Bill Elliott.
Elliott is the younger brother of Ernie Elliott, who owns EHK Investments and sold to developer Jeremy Porter the land that is being graded for the motorsports park.
It could not be determined why Gosselin recused herself.
Senior Judge John Girardeau is expected Monday to hear a summary judgement motion filed by attorneys for EHK.
The attorneys contend their client was not a proper party in the lawsuit since Ernie Elliott would “have no involvement in or control over any construction or development.”
Billed as a country club for sports car enthusiasts, the Atlanta Motorsports Park plan calls for about two miles of high performance road course for two- and four-wheel vehicles.
Other planned features include a members-only lounge, 10,000-square-foot clubhouse, pool and hiking trails.
The lawsuit maintains the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”
The Hamrykas, whose property and horse training business sit directly across Duck Thurmond from the motorsports park site, contend the city of Dawsonville violated zoning procedure when approving Porter’s rezoning request in April 2009.
Last month, the Hamryka’s filed a motion for partial summary judgement on their contention that the city should have required a development of regional impact study before granting approval for a “mixed-use” development.
Porter, who called the lawsuit “abusive and frivolous,” is optimistic and continuing to move forward.
“We’re trucking along,” he said. “We’re a little bit behind schedule, but if all goes as planned, the main track, the cart track and the first phase of garages will be up Dec. 15.
“That’s the goal, and we want to make sure that we meet that date.”
Porter said to appease opponents of the project, the track has been shortened and repositioned. Additional sound barriers are also planned.
“We have definitely taken a tremendous amount of steps that are very unconventional for a motorsports park,” he said.
Superior Court Judges Bonnie Oliver and Kathlene Gosselin have both recused themselves from presiding over a lawsuit filed by West and Helen Hamryka against Atlanta Motorsports Park, the city of Dawsonville and EHK Investments.
According to Richard Wingate, the Hamryka’s attorney, Oliver vacationed several years ago in a condo owned by Bill Elliott.
Elliott is the younger brother of Ernie Elliott, who owns EHK Investments and sold to developer Jeremy Porter the land that is being graded for the motorsports park.
It could not be determined why Gosselin recused herself.
Senior Judge John Girardeau is expected Monday to hear a summary judgement motion filed by attorneys for EHK.
The attorneys contend their client was not a proper party in the lawsuit since Ernie Elliott would “have no involvement in or control over any construction or development.”
Billed as a country club for sports car enthusiasts, the Atlanta Motorsports Park plan calls for about two miles of high performance road course for two- and four-wheel vehicles.
Other planned features include a members-only lounge, 10,000-square-foot clubhouse, pool and hiking trails.
The lawsuit maintains the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”
The Hamrykas, whose property and horse training business sit directly across Duck Thurmond from the motorsports park site, contend the city of Dawsonville violated zoning procedure when approving Porter’s rezoning request in April 2009.
Last month, the Hamryka’s filed a motion for partial summary judgement on their contention that the city should have required a development of regional impact study before granting approval for a “mixed-use” development.
Porter, who called the lawsuit “abusive and frivolous,” is optimistic and continuing to move forward.
“We’re trucking along,” he said. “We’re a little bit behind schedule, but if all goes as planned, the main track, the cart track and the first phase of garages will be up Dec. 15.
“That’s the goal, and we want to make sure that we meet that date.”
Porter said to appease opponents of the project, the track has been shortened and repositioned. Additional sound barriers are also planned.
“We have definitely taken a tremendous amount of steps that are very unconventional for a motorsports park,” he said.
Thursday, August 12, 2010
Good news from the recent elections
It was nice to see Steve Holder finish near the bottom of the County Clerk of Courts election last month. Anyone that creates such crap stipulations for AMP (that are not and will not be enforced) should not even be elected as the "Janitor of Food Courts." Here's to you, Steve and your stipulations.
Wednesday, July 14, 2010
Update on lawsuit against AMP
We received the below update last night and wanted to share it with you. Thanks to the original author for the forward. Per the update - make sure you vote against (or not for) former Dawsonville city planner Steve Holder next week in the clerk of court election!
He's the clown that came up with the "stipulations" for Jeremy Porter's racetrack - which are not being followed as Holder promised.
Move AMP
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General Lawsuit and Information Updates
The lawsuit against AMP, the City of Dawsonville, and EHK (Elliott) Investments has been assigned to its third judge. The first judge, Hon. Kathlene Gosselin was reassigned, the second judge, Hon. Bonnie Oliver has removed herself. Currently, Northeastern Circuit Senior Judge John Girardeau will be hearing the case.
The Hamryka's attorneys, Hallmann and Wingate, have filed two motions for partial summary judgment with more to follow. They also requested the judge to compel AMP founder, Jeremy Porter, to disclose information that was not released during discovery.
The County DOT lifted their requirement to have AMP rework Duck Thurmond Rd to make it safer for the added traffic. In the rezoning meetings, Mr. Porter stated that AMP would have less daily traffic than Dairy Queen, however, AMP plans on having 199 parking places, unlimited spectators, car transports and trailers, and fuel tankers to provide gas to patrons. Local citizens should consider contacting the Dawson County DOT with their concerns regarding this apparent inaccuracy. The inevitable road improvements needed to accommodate the increased traffic load projection on (Sweetwater Juno and Duck Thurmond) roads, roads which already show wear and decline, should be the burden of the development, not the taxpayers.
Observations from the construction site
Mr. Porter has been inviting investors to preview the course site, promoting the course pictures: http://nascar.speedtv.com/article/cars-atlanta-motorsports-park-no-bailout-needed/
Driving by the reality tells a different story. It is hard to imagine the site, stripped of mature trees, resembling the "green" plans, even in decades to come.
Editor's comments on the upcoming elections
Elections are upon us with plenty of candidates vying to fill the position of clerk of court. For many of us on this mailing list, one name stands out: former city planner, Steve Holder.
When interviewed, Mr. Holder shared: "Integrity starts at the top and works its way down.”
While we always hope our representatives who make impactful decisions exhibit an unwavering level of integrity and set a standard, personal integrity stands alone and is a value within each individual; renewed and called upon daily.
Personal integrity is the barometer in the choices we make that tells us as individuals what we are doing is right, whether we are at the top or the bottom of the chain of command.
The notion of trickle down integrity shouldn't be overly impressive for obvious reasons.
For those who are unfamiliar with Mr. Holder, he was the City Planning director in charge of creating and compiling stipulations for Atlanta Motorsports Park, stipulations which will dictate what kind of impact this facility has on the property value and enjoyment for homeowners up to several miles away from the track.
The willful lack of fair consideration for residents has left those in the adjacent community facing not only property devaluation, but an even more significant devaluation: the diminishment of quality of life.
At one public hearing where the developer advised supporters to wear blue, Mr. Holder wore a blue shirt, warmly greeting a crowd of mainly out of town supporters of the track, while worried residents sat feeling they had no one in their corner to grant them equitable considerations.
Now, Mr. Holder asks for your vote for a coveted county position.
Many residents feel we will pay prolonged and dearly for his decision not to provide fair and decent protective stipulations to the resident taxpayers who will live with the increased traffic, dangers and noise Atlanta Motorsports Park will bring.
Keep those thoughts in mind when you cast your vote.
An end note on voting in general:
If a candidate is running unopposed and you do not feel this candidate has represented you, or if you feel none of the candidates are good representatives you are comfortable voting for, you may either leave the ballot blank, write someone in, or cast a protest vote by writing in fictional or iconic characters, thereby registering your discontent.
Regardless for whom or how you cast your vote, exercise your right to vote, and in doing so, be heard.
He's the clown that came up with the "stipulations" for Jeremy Porter's racetrack - which are not being followed as Holder promised.
Move AMP
------------
General Lawsuit and Information Updates
The lawsuit against AMP, the City of Dawsonville, and EHK (Elliott) Investments has been assigned to its third judge. The first judge, Hon. Kathlene Gosselin was reassigned, the second judge, Hon. Bonnie Oliver has removed herself. Currently, Northeastern Circuit Senior Judge John Girardeau will be hearing the case.
The Hamryka's attorneys, Hallmann and Wingate, have filed two motions for partial summary judgment with more to follow. They also requested the judge to compel AMP founder, Jeremy Porter, to disclose information that was not released during discovery.
The County DOT lifted their requirement to have AMP rework Duck Thurmond Rd to make it safer for the added traffic. In the rezoning meetings, Mr. Porter stated that AMP would have less daily traffic than Dairy Queen, however, AMP plans on having 199 parking places, unlimited spectators, car transports and trailers, and fuel tankers to provide gas to patrons. Local citizens should consider contacting the Dawson County DOT with their concerns regarding this apparent inaccuracy. The inevitable road improvements needed to accommodate the increased traffic load projection on (Sweetwater Juno and Duck Thurmond) roads, roads which already show wear and decline, should be the burden of the development, not the taxpayers.
Observations from the construction site
Mr. Porter has been inviting investors to preview the course site, promoting the course pictures: http://nascar.speedtv.com/article/cars-atlanta-motorsports-park-no-bailout-needed/
Driving by the reality tells a different story. It is hard to imagine the site, stripped of mature trees, resembling the "green" plans, even in decades to come.
Editor's comments on the upcoming elections
Elections are upon us with plenty of candidates vying to fill the position of clerk of court. For many of us on this mailing list, one name stands out: former city planner, Steve Holder.
When interviewed, Mr. Holder shared: "Integrity starts at the top and works its way down.”
While we always hope our representatives who make impactful decisions exhibit an unwavering level of integrity and set a standard, personal integrity stands alone and is a value within each individual; renewed and called upon daily.
Personal integrity is the barometer in the choices we make that tells us as individuals what we are doing is right, whether we are at the top or the bottom of the chain of command.
The notion of trickle down integrity shouldn't be overly impressive for obvious reasons.
For those who are unfamiliar with Mr. Holder, he was the City Planning director in charge of creating and compiling stipulations for Atlanta Motorsports Park, stipulations which will dictate what kind of impact this facility has on the property value and enjoyment for homeowners up to several miles away from the track.
The willful lack of fair consideration for residents has left those in the adjacent community facing not only property devaluation, but an even more significant devaluation: the diminishment of quality of life.
At one public hearing where the developer advised supporters to wear blue, Mr. Holder wore a blue shirt, warmly greeting a crowd of mainly out of town supporters of the track, while worried residents sat feeling they had no one in their corner to grant them equitable considerations.
Now, Mr. Holder asks for your vote for a coveted county position.
Many residents feel we will pay prolonged and dearly for his decision not to provide fair and decent protective stipulations to the resident taxpayers who will live with the increased traffic, dangers and noise Atlanta Motorsports Park will bring.
Keep those thoughts in mind when you cast your vote.
An end note on voting in general:
If a candidate is running unopposed and you do not feel this candidate has represented you, or if you feel none of the candidates are good representatives you are comfortable voting for, you may either leave the ballot blank, write someone in, or cast a protest vote by writing in fictional or iconic characters, thereby registering your discontent.
Regardless for whom or how you cast your vote, exercise your right to vote, and in doing so, be heard.
Wednesday, June 9, 2010
Summer doldrums - and Corvette Guy
Not a lot to report right now. Stay tuned, as we're monitoring the news for applicable coverage about AMP and its court battle. We'll post items as applicable. In the meantime, a bit by Jim Rome about "Corvette Guy" - which is the kind of guy (or guys) you can expect to visit the AMP track if/when ever built.
Wednesday, May 5, 2010
Legal case study about noise and motorsports parks
While this isn't the U.K., there are some interesting points (in the below link to a legal case study/update) that might be applicable now and when this racetrack opens. My favorite line that residents within a few miles of the track can expect... "sensible personal discomfort." Otherwise known as a noise nuisance. I'm sure the constant noise will do wonder for property values.
http://www.clydeco.com/attachments/published/3664/Noise%20and%20Motorsport%20v2_Layout%201.pdf20v2_Layout%201.pdf
Sign-up parts of Dawson County... Try Duck Thurmond Rd. for starters.
http://www.clydeco.com/attachments/published/3664/Noise%20and%20Motorsport%20v2_Layout%201.pdf20v2_Layout%201.pdf
Sign-up parts of Dawson County... Try Duck Thurmond Rd. for starters.
Wednesday, March 24, 2010
Lawsuit email that's making the rounds
So much for that "buffer" that Jeremy Porter was gonna leave for his neighbors. It's okay, we can count on the county to enforce those stipulations. (Yeah, right.) The pictures are listed on the site referenced below. I like the one at the bottom, though.... Because you can really see the buffer.
Bottom line, the undisturbed 40 ft buffer and other limitations in the zoning are great unless Porter chooses to ignore any or all of them.
AMP Lawsuit Update
Spring is here and residents located in the Duck Thurmond, Sweetwater Juno and Hwy 183 vicinity may have recently noticed the logging trucks roaring down the residential rural roads at accelerated speeds.
Bulldozers have begun plowing through the proposed race track site and very little buffer scrub, which was deemed a natural noise barrier to be left intact, has been left.
Several weeks ago, nearby residents noticed ground disturbance activity with heavy machinery prior to the issuance of the current permit which has allowed Jeremy Porter to begin stripping the land in preparation for construction...despite the lawsuit.
Even with the uncertainty surrounding this venture, big money is being spent, permits have been issued, and the land is being scraped all before the judge hears the case and issues a decision on the matter.
To view the pictures of the area being cleared, please visit http://amplawsuitupdates.blogspot.com/ and scroll to the photos. The pictures are enlargeable so you may examine them in detail. This site is not an interactive site but will supplement the e-letter updates.
Points we'd like to share with the community:
• The Hamryka's case against the plaintiffs - AMP, the City of Dawsonville, and the Elliott's, was deemed legally sound by Judge Gosselin when she denied the motion to dismiss.
• The lawsuit is progressing in the "discovery" phase and currently depositions are being taken on both sides.
• Though no court date has been set at the time of this email, the lawsuit is expected to be heard in court this summer.
• Judge Bonnie Oliver from Gainesville will assume the case. Judge Gosselin's cases were reassigned due to a change in her present duties.
Bottom line, the undisturbed 40 ft buffer and other limitations in the zoning are great unless Porter chooses to ignore any or all of them.
AMP Lawsuit Update
Spring is here and residents located in the Duck Thurmond, Sweetwater Juno and Hwy 183 vicinity may have recently noticed the logging trucks roaring down the residential rural roads at accelerated speeds.
Bulldozers have begun plowing through the proposed race track site and very little buffer scrub, which was deemed a natural noise barrier to be left intact, has been left.
Several weeks ago, nearby residents noticed ground disturbance activity with heavy machinery prior to the issuance of the current permit which has allowed Jeremy Porter to begin stripping the land in preparation for construction...despite the lawsuit.
Even with the uncertainty surrounding this venture, big money is being spent, permits have been issued, and the land is being scraped all before the judge hears the case and issues a decision on the matter.
To view the pictures of the area being cleared, please visit http://amplawsuitupdates.blogspot.com/ and scroll to the photos. The pictures are enlargeable so you may examine them in detail. This site is not an interactive site but will supplement the e-letter updates.
Points we'd like to share with the community:
• The Hamryka's case against the plaintiffs - AMP, the City of Dawsonville, and the Elliott's, was deemed legally sound by Judge Gosselin when she denied the motion to dismiss.
• The lawsuit is progressing in the "discovery" phase and currently depositions are being taken on both sides.
• Though no court date has been set at the time of this email, the lawsuit is expected to be heard in court this summer.
• Judge Bonnie Oliver from Gainesville will assume the case. Judge Gosselin's cases were reassigned due to a change in her present duties.
Wednesday, March 17, 2010
Court case proceeding...
The landowner's lawsuit against the track is continuing and from all accounts, things continue to sound promising. We do not have any concrete updates or timeline to provide at this point, but this site will keep all informed when something breaks. Sounds like the AMP-ers are getting antsy based on some Facebook posts. Feel free to go on there and make your opinion's known about this ill-advised race track.
http://www.facebook.com/atlantamotorsportspark
http://www.facebook.com/atlantamotorsportspark#!/group.php?v=wall&ref=ts&gid=59029869928
UPDATE - Per the above pages newest posts... Oh, it's zoned, permitted and some construction has started, but that doesn't mean that a judge can't stop this thing dead in its tracks. The possibility is very real, ongoing and is costly to him and insiders - win, lose or draw. Don't pop the bubbly just yet.
.bmp)
http://www.facebook.com/atlantamotorsportspark
http://www.facebook.com/atlantamotorsportspark#!/group.php?v=wall&ref=ts&gid=59029869928
UPDATE - Per the above pages newest posts... Oh, it's zoned, permitted and some construction has started, but that doesn't mean that a judge can't stop this thing dead in its tracks. The possibility is very real, ongoing and is costly to him and insiders - win, lose or draw. Don't pop the bubbly just yet.
.bmp)
Thursday, January 7, 2010
Letter to Mayor Joe Lane Cox
Recently obtained is a copy of a letter (below) that was sent to Mayor Cox and to other city and county officials regarding Jeremy Porter's latest attempt to flaunt the law.... Just another shining example of that good Christian/good neighbor crap that Porter tried to sell at the city council meetings.
Mayor Cox:
Atlanta Motorsports Park and Mr. Jeremy Porter have been for quite some time altering the 154 acres on Duck Thurmond Rd. with heavy equipment. Not seeing a displayed permit, I called the City of Dawsonville on or about 12/22/09 and was informed that AMP had not even applied for a Land Disturbance Permit! I was further told when AMP got their permit it would be posted at the entrance to the property; and yet no displayed permit as of December 28, 2009 @ 7:00 AM.
Everyone should abide by the law! Is Mr. Porter above the law? Is he getting special consideration from the city? Is the City looking the other way? Is there not an on going law suit concerning AMP? Since Sweetwater Creek looked unusually muddy after the rains during the week of Dec. 14th thru 18th and again on Dec. 25th, one might wonder if silt fences are in place. The EPD would certainly require their instillation near Sweetwater Creek in this case. These are just a few questions that concern me as a citizen of Dawson County.
The law is the law and everyone should have to abide by it; no matter whom they are or who they know!
Even though Dawson County doesn’t want to be involved; I say they should at least protect and monitor the county portion of Sweetwater Creek concerning the up stream land disturbance. I would be hopeful that Dawson County wouldn’t have allowed Land Disturbance without a Permit if a similar situation arose in the county.
I hope that my expectations of the City of Dawsonville and Dawson County are not too great.
Thank you for consideration in this matter.
Mayor Cox:
Atlanta Motorsports Park and Mr. Jeremy Porter have been for quite some time altering the 154 acres on Duck Thurmond Rd. with heavy equipment. Not seeing a displayed permit, I called the City of Dawsonville on or about 12/22/09 and was informed that AMP had not even applied for a Land Disturbance Permit! I was further told when AMP got their permit it would be posted at the entrance to the property; and yet no displayed permit as of December 28, 2009 @ 7:00 AM.
Everyone should abide by the law! Is Mr. Porter above the law? Is he getting special consideration from the city? Is the City looking the other way? Is there not an on going law suit concerning AMP? Since Sweetwater Creek looked unusually muddy after the rains during the week of Dec. 14th thru 18th and again on Dec. 25th, one might wonder if silt fences are in place. The EPD would certainly require their instillation near Sweetwater Creek in this case. These are just a few questions that concern me as a citizen of Dawson County.
The law is the law and everyone should have to abide by it; no matter whom they are or who they know!
Even though Dawson County doesn’t want to be involved; I say they should at least protect and monitor the county portion of Sweetwater Creek concerning the up stream land disturbance. I would be hopeful that Dawson County wouldn’t have allowed Land Disturbance without a Permit if a similar situation arose in the county.
I hope that my expectations of the City of Dawsonville and Dawson County are not too great.
Thank you for consideration in this matter.
Email circulating the community about AMP
The email that's making the rounds...
Updates on the Motorsports Park legal battle
The Hamryka's lawsuit is now in the discovery phase. Attorneys for Porter, the Elliotts and the City of Dawsonvile must now prepare their cases.
While no land disturbance permit has been issued (according to a city representative), grading has begun in what appears to be a footprint of the actual track.
Google Alerts show quite a bit of recent activity promoting AMP, all fail to mention the legal battle. If you have not already, it may be to your interest to sign up for the Google Alert 'Atlanta Motorsports Park' to keep up-to-date on the info Mr. Porter is putting out while he seeks investors. To sign up for Google Alerts, go to: http://www.google.com/alerts
News from Millville New Jersey and Trackracket
We recently received the following information from Michelle Post, founder of the nonprofit org. Trackracket, dedicated to protecting the rights of residents around the NJMSP track. Michelle informs us Trackracket has filed suit.
Read Trackracket's suit, note the empty promises of jobs and rejuvenation to the area used to sell the project. Sound familiar? (you must download the pdf file to read the legal papers)
http://www.pressofatlanticcity.com/pdf_255cfc46-f42f-11de-8daf-001cc4c03286.html
Write up in the Atlantic City paper: 'TrackRacket sues Motorsports Park, Millville'
http://www.pressofatlanticcity.com/news/press/cumberland/article_309f7a02-f42f-11de-a1a4-001cc4c03286.html or access the article via: http://tinyurl.com/ydrn334
If you'll remember, NJ residents were also assured by City authorities and the developer the noise would not be disruptive to the community, however, visiting Trackracket's website, listening to the audio and viewing the decibel meter shows a different story!
Just listen to what 65-75 decibels sounds like 2.5 miles from the track.
http://www.youtube.com/watch?v=NcAeK0yz_Fk&feature=player_embedded
Trackracket's main website: http://trackracket.org/ various videos and sound recordings are available.
Feel free to share these irritating noise links the next time someone tells you "oh, it won't be so bad". It's one thing to enjoy a day of racing when you feel like it, it's entirely another to be trapped on your own land and unable to escape that type of noise.
This park belongs in a vastly different setting where there would be much less noise and environmental impact.
Kudos to Trackracket and their community for taking a united stand!
We will keep you updated on AMP, the lawsuit and any significant news relating to Trackracket's suit.
Updates on the Motorsports Park legal battle
The Hamryka's lawsuit is now in the discovery phase. Attorneys for Porter, the Elliotts and the City of Dawsonvile must now prepare their cases.
While no land disturbance permit has been issued (according to a city representative), grading has begun in what appears to be a footprint of the actual track.
Google Alerts show quite a bit of recent activity promoting AMP, all fail to mention the legal battle. If you have not already, it may be to your interest to sign up for the Google Alert 'Atlanta Motorsports Park' to keep up-to-date on the info Mr. Porter is putting out while he seeks investors. To sign up for Google Alerts, go to: http://www.google.com/alerts
News from Millville New Jersey and Trackracket
We recently received the following information from Michelle Post, founder of the nonprofit org. Trackracket, dedicated to protecting the rights of residents around the NJMSP track. Michelle informs us Trackracket has filed suit.
Read Trackracket's suit, note the empty promises of jobs and rejuvenation to the area used to sell the project. Sound familiar? (you must download the pdf file to read the legal papers)
http://www.pressofatlanticcity.com/pdf_255cfc46-f42f-11de-8daf-001cc4c03286.html
Write up in the Atlantic City paper: 'TrackRacket sues Motorsports Park, Millville'
http://www.pressofatlanticcity.com/news/press/cumberland/article_309f7a02-f42f-11de-a1a4-001cc4c03286.html or access the article via: http://tinyurl.com/ydrn334
If you'll remember, NJ residents were also assured by City authorities and the developer the noise would not be disruptive to the community, however, visiting Trackracket's website, listening to the audio and viewing the decibel meter shows a different story!
Just listen to what 65-75 decibels sounds like 2.5 miles from the track.
http://www.youtube.com/watch?v=NcAeK0yz_Fk&feature=player_embedded
Trackracket's main website: http://trackracket.org/ various videos and sound recordings are available.
Feel free to share these irritating noise links the next time someone tells you "oh, it won't be so bad". It's one thing to enjoy a day of racing when you feel like it, it's entirely another to be trapped on your own land and unable to escape that type of noise.
This park belongs in a vastly different setting where there would be much less noise and environmental impact.
Kudos to Trackracket and their community for taking a united stand!
We will keep you updated on AMP, the lawsuit and any significant news relating to Trackracket's suit.
Monday, November 23, 2009
Smoke Signals (Big Canoe): AMP opponents win first round in legal battle
Judge denies motion to dismiss, allows AMP lawsuit to proceed
Hidden Still Farms is adjacent to the proposed Atlanta Motorsports Park.
By Barbara Schneider
bschneider@bigcanoenews.com
A judge’s motion provided the first significant victory for opponents to construction of Atlanta Motorsports Park (AMP) in a rural portion of western Dawson County.
Richard Wingate is the attorney for West Hamryka, the homeowner whose property Hidden Still Farms is adjacent to the proposed Atlanta Motorsports Park. On behalf of the Hamrykas, Wingate filed a lawsuit against the City of Dawsonville, its mayor and council, Atlanta Motorsports Park, LLC, Jeremy Porter (Forsyth resident and AMP developer), and EHK Investments, LLC.[Ernie Elliot]. The suit claims the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”
On Nov. 12, Judge Kathlene Gosselin issued an order completely denying all of the defendants' motions to dismiss (full text of the statement below).
Community protested
Earlier this year hundreds of residents throughout Dawson County, including many from Big Canoe, attended months of City of Dawsonville meetings to voice their opposition to the city’s approval of AMP.
On April 13, the Dawsonville City Council unanimously approved rezoning 152 acres along Duck Thurmond Road for the proposed Atlanta Motorsports Park on April 13. The vote reclassified 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). (For the complete story see: “Dawsonville okays AMP rezoning,” Smoke Signals Online archives or Smoke Signals, May.)
Meeting with the media after the vote, West Hamryka, who owns a 70-acre horse farm directly across Duck Thurmond Road from the proposed motorsports park, vowed to continue the fight. “We are prepared to take this to the next legal step.”
The City, he said, basically threw out the land use plan approved last year. He vowed to sue the City of Dawsonville for improper spot zoning and said he was willing to continue the fight in the courts.
The Hamrykas are seeking an injunction to prevent construction of the motorsports park, as well as at least $3 million in damages, plus legal fees. Per the ruling, the case now enters the discovery phase for the next several months.
Attorney Wingate’s statement:
“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 12 Order clearly demonstrates that Plaintiffs' lawsuit has merit.”
Hidden Still Farms is adjacent to the proposed Atlanta Motorsports Park.
By Barbara Schneider
bschneider@bigcanoenews.com
A judge’s motion provided the first significant victory for opponents to construction of Atlanta Motorsports Park (AMP) in a rural portion of western Dawson County.
Richard Wingate is the attorney for West Hamryka, the homeowner whose property Hidden Still Farms is adjacent to the proposed Atlanta Motorsports Park. On behalf of the Hamrykas, Wingate filed a lawsuit against the City of Dawsonville, its mayor and council, Atlanta Motorsports Park, LLC, Jeremy Porter (Forsyth resident and AMP developer), and EHK Investments, LLC.[Ernie Elliot]. The suit claims the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”
On Nov. 12, Judge Kathlene Gosselin issued an order completely denying all of the defendants' motions to dismiss (full text of the statement below).
Community protested
Earlier this year hundreds of residents throughout Dawson County, including many from Big Canoe, attended months of City of Dawsonville meetings to voice their opposition to the city’s approval of AMP.
On April 13, the Dawsonville City Council unanimously approved rezoning 152 acres along Duck Thurmond Road for the proposed Atlanta Motorsports Park on April 13. The vote reclassified 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). (For the complete story see: “Dawsonville okays AMP rezoning,” Smoke Signals Online archives or Smoke Signals, May.)
Meeting with the media after the vote, West Hamryka, who owns a 70-acre horse farm directly across Duck Thurmond Road from the proposed motorsports park, vowed to continue the fight. “We are prepared to take this to the next legal step.”
The City, he said, basically threw out the land use plan approved last year. He vowed to sue the City of Dawsonville for improper spot zoning and said he was willing to continue the fight in the courts.
The Hamrykas are seeking an injunction to prevent construction of the motorsports park, as well as at least $3 million in damages, plus legal fees. Per the ruling, the case now enters the discovery phase for the next several months.
Attorney Wingate’s statement:
“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 12 Order clearly demonstrates that Plaintiffs' lawsuit has merit.”
Friday, November 20, 2009
Wednesday, November 18, 2009
Dawson County News: Judge allows motorsports lawsuit to move forward
See court ruling below this post.
Judge allows motorsports lawsuit to move forward
Motion to dismiss denied
Plaintiffs in a law suit filed to halt the construction of a motorsports park across from their property in western Dawson County scored a win earlier this week when the judge ruled they could move forward with the suit.
"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," Richard Wingate, attorney for West and Helen Hamryka, said in a statement released Tuesday.
The Hamrykas, who own a home and horse farm across from the 152-acre car park site, filed suit against developer Jeremy Porter, Atlanta Motorsports Park, the city of Dawsonville, Dawsonville City Council, and EHK (Ernie Elliott) Investments in May.
Billed as a country club for sports car enthusiasts, the Atlanta Motorsports Park 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.
The suit claims the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”
The Hamrykas contend the city violated zoning procedure when approving Porter’s rezoning request in April.
They are seeking an injunction to prevent construction of the motorsports park, as well as at least $3 million in damages, plus legal fees.
The city of Dawsonville, EHK (Ernie Elliott) Investments and Jeremy Porter, founder of Atlanta Motorsports Park, each filed motions to dismiss the civil suit.
Attorneys for Porter say the plaintiff’s failure to serve "the defendants with any complaint during the 30-day limitation period for appeals on zoning decisions” should dismiss the counts.
The motions to dismiss also address the Hamrykas’ nuisance complaint, which Porter said would not be determined for months, if ever.
Attorneys for Elliott, who sold the property to Porter, said their client was not a proper party in the lawsuit since he would "have no involvement in or control over any construction or development."
The defendants motions were denied.
Superior Court Judge Kathlene Gosselin ruled the plaintiffs' complaint followed all proper filing procedures.
The order, Wingate said, "clearly demonstrates that (the) plaintiffs' lawsuit has merit."
Porter said he is not discouraged.
"We believe the lawsuit is still frivolous and abusive. We may not have won on the procedures, which is what this was about, but we still feel confident and still feel we'll have victory," he said.
Wendy Butler, Porter's attorney, said the joint-defense counsels are working together to strategize the next step.
Wingate said his clients were pleased with the ruling. He anticipates taking the case to trial next year.
Judge allows motorsports lawsuit to move forward
Motion to dismiss denied
Plaintiffs in a law suit filed to halt the construction of a motorsports park across from their property in western Dawson County scored a win earlier this week when the judge ruled they could move forward with the suit.
"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," Richard Wingate, attorney for West and Helen Hamryka, said in a statement released Tuesday.
The Hamrykas, who own a home and horse farm across from the 152-acre car park site, filed suit against developer Jeremy Porter, Atlanta Motorsports Park, the city of Dawsonville, Dawsonville City Council, and EHK (Ernie Elliott) Investments in May.
Billed as a country club for sports car enthusiasts, the Atlanta Motorsports Park 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.
The suit claims the defendants are responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”
The Hamrykas contend the city violated zoning procedure when approving Porter’s rezoning request in April.
They are seeking an injunction to prevent construction of the motorsports park, as well as at least $3 million in damages, plus legal fees.
The city of Dawsonville, EHK (Ernie Elliott) Investments and Jeremy Porter, founder of Atlanta Motorsports Park, each filed motions to dismiss the civil suit.
Attorneys for Porter say the plaintiff’s failure to serve "the defendants with any complaint during the 30-day limitation period for appeals on zoning decisions” should dismiss the counts.
The motions to dismiss also address the Hamrykas’ nuisance complaint, which Porter said would not be determined for months, if ever.
Attorneys for Elliott, who sold the property to Porter, said their client was not a proper party in the lawsuit since he would "have no involvement in or control over any construction or development."
The defendants motions were denied.
Superior Court Judge Kathlene Gosselin ruled the plaintiffs' complaint followed all proper filing procedures.
The order, Wingate said, "clearly demonstrates that (the) plaintiffs' lawsuit has merit."
Porter said he is not discouraged.
"We believe the lawsuit is still frivolous and abusive. We may not have won on the procedures, which is what this was about, but we still feel confident and still feel we'll have victory," he said.
Wendy Butler, Porter's attorney, said the joint-defense counsels are working together to strategize the next step.
Wingate said his clients were pleased with the ruling. He anticipates taking the case to trial next year.
Court Ruling Against AMP
Below is a link to the recent ruling against AMP. The discovery phase should be interesting. We'll continue to monitor this situation and provide colorful commentary and updates, as applicable.
Select "Regular Download" once you land on the sendspace Web site. On the next page, look for the Download Link (with read arrow next to it)... That's the file. No registration required.
http://www.sendspace.com/file/yxtyk1
Select "Regular Download" once you land on the sendspace Web site. On the next page, look for the Download Link (with read arrow next to it)... That's the file. No registration required.
http://www.sendspace.com/file/yxtyk1
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