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.

Gainesville Times - ‘Super Speeder’ promotion draws fire

Story listed below MoveAMP's comments.

Call it what you want. It's still a shameless promotion that's trying to capitalize off of wreckless - um, criminal - behavior.

Teen driving programs and law enforcement training - and super speeders

I can see it now... Parents from all over the area are going to feel comfortable sending their kids to this track knowing that convicted super speeders/wreckless motorists will be there to set a fine example. The t-shirts will add a nice touch for the youngsters to see.

Just maybe, the cops-in-training can chase down the super speeders for practice - all while dodging innocent drivers - namely your teens. That'd be pretty interesting to watch.

“What we’re trying to do is get these speeders off the public roadways where they could endanger and hurt others,” he said."

To the fine quote above... And yeah, instead we are going to bring them to our track where they could potentially endanger and hurt paying customers. That sounds logical and like a legal disaster waiting to happen. I would think that you want the safest people around your customers - not wreckless clients. Sounds like a developer/owner that really cares about his clients' safety.

Again, I'm going back to my analogy. Let's say that I open a gun shop and shooting range. Let me find the most wreckeless firearm operators in the state to use my range and facilities.. And risk one of my customer's getting accidently shot.

I could go on for days regarding the screwed up logic here. Am sure there is more to come. Feel free to add your two cents.

‘Super Speeder’ promotion draws fire

Opponents of motorsports park criticize pitch

The CEO of a planned motorsports park in Dawsonville says a promotion offering free half days at the track for people who bring in a “Super Speeder” ticket is not encouraging folks to speed.

Meanwhile, opponents of the Atlanta Motorsports Park, planned for a tract of land off Duck Thurmond Road, say the recently announced Super Speeder promotion is evidence the track’s developers don’t have the community’s best interests at heart.

Earlier this month, the park issued a news release over the Internet offering a T-shirt and a free half day at the track to anyone who brings a Super Speeder ticket to the park.

The park is being promoted as a place where people can bring high-performance cars for runs along a road course. The private facility is designed for participants, not spectators.

“With the new law in effect, AMP looks forward to a likely increase in customers,” the news release stated. The document further stated that the half day and T-shirt were “a nice perk for getting caught by the police for doing what comes naturally.”

Starting this month, Georgia drivers caught going 85 mph on a four-lane road or 75 mph on a two-lane road will be assessed $200 above the normal speeding fines. Fees collected by the new law will help fund Georgia’s trauma-care hospital centers.

Sam Horner, a vocal opponent of the track who lives across the road from the planned site, said the promotion is insensitive and irresponsible.

“To me it just says they’ll try to make money at any cost,” Horner said. “It’s one thing to promote your track, but to offer a reward for criminal behavior, I don’t think that’s right.”

Jeremy Porter, CEO of Atlanta Motorsports Park, said the original news release posted on the Internet was replaced because the authors of the document “made it sound like we encouraged people to speed.”

“By no means would I ever promote people to speed and to get a ticket,” Porter said. “What we’re basically saying is, don’t drive fast, and if you do, we can provide a place to drive fast safely without endangering others.”

Those who present the ticket would get a T-shirt reading “I learned my lesson — AMP is the only place to drive fast and safe,” Porter said.

“What we’re trying to do is get these speeders off the public roadways where they could endanger and hurt others,” he said.

Porter noted that folks ticketed as Super Speeders are looking at paying upward of $500 in fines. A half day at his track would cost less than $200, he said.

“Why would you do something where you would have to pay $400 to $600 when you could come here for the whole day for that?” he said.

Porter said the facility will donate track time for teen driver programs and law enforcement training.

Despite an ongoing lawsuit filed by track opponents challenging the rezoning of the site, Porter anticipates breaking ground for the facility soon. He hopes to have the track portion of the park built by the third quarter of this year.

Porter estimated the facility could have a “ripple effect” of $30 million to $60 million each year on the local economy.

Porter said the park already has sold more than $1 million worth of memberships and drawn interest from several sponsors.

Advertisement by the Dawson Community News for Race Track

See below advertisement for race track - courtesy of the Dawson Community News. Nice of her to seek comment from other opponents. Last I checked there are plenty. I guess the Thurmond's weren't available for comment either and the other 100 to 200 people that attended those staged city meetings weren't either.

Interesting, I'm going to propose building a noisy commercial development next to Porter's house and his neighbors, and see if they think it's frivolous.

Defendants want lawsuit dismissed

Developer says matter is ‘frivolous’

The parties named in a lawsuit aimed at blocking plans for a motorsports country club in western Dawson County hope a judge will dismiss the matter next month.

The city of Dawsonville, EHK (Ernie Elliott) Investments and Jeremy Porter, founder of Atlanta Motorsports Park, have each filed motions to dismiss the civil suit.

West and Helen Hamryka, who own a home and horse farm across from the 152-acre car park site, contend the city violated zoning procedure when approving Porter’s rezoning request in April.

The suit also 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.”

According to court documents, the Hamrykas seek an injunction to prevent construction of the motorsports park, as well as at least $3 million in damages, plus legal fees.

Although filed in Superior Court in May, Porter said the defendants were not formally served with the lawsuit until more than 40 days later.

In the motion to dismiss, filed in July, attorneys for Porter say the plaintiff’s “failure to diligently 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.

Dawsonville administrator Kim Cornelison said the city does not plan to comment on the lawsuit, which Northeastern Judicial Circuit Superior Court Judge Kathleen Gosselin is scheduled to hear Sept. 18.

The Hamrykas’ attorney did not return numerous phone calls seeking comment.

Attorneys for Elliott, who currently owns the property on Duck Thurmond Road, say their client “will have no involvement in or control over any construction or development” once the property changes hands.

As a result, the attorneys contend, Elliott “is not a proper party in the lawsuit,” according to court documents.

Porter calls the lawsuit “frivolous” and a way to try to deter investors.

“But our investors, our members, laugh at this,” he said, adding that he signed $100,000 in new memberships July 30 when the track design was unveiled in Roswell.

The unique, eco-friendly track was designed by Formula One engineers at Tilke Architects. It was shortened to less than 2 miles and tweaked to meet city-imposed guidelines.

“Some of the greatest minds in motorsports say they believe this track will become truly legendary, 141 feet of elevation changes and two of the most famous turns in motorsports have been incorporated into the track,” Porter said.

“This is going to be something that’s going to be like no other motorsports park in the world.”
Billed as a motorsports country club, plans call for nearly two miles of a high performance road course for two- and four-wheel vehicles, a members-only lounge, 10,000-square-foot clubhouse, pool and hiking trails.

Founding member Donna Clifford sees the project as a wonderful and unique opportunity that will allow her to enjoy her “car with good people in a wonderful location and a safe environment.”
Sports car enthusiast Chuck Smith of Cumming agreed.

“I’ve been to every zoning meeting and have watched it since I first heard about the motorsports park,” he said. “I’m 57 and can finally afford the cars I’ve dreamed about my whole life. I’m excited about it.”

E-mail Michele Hester at michele@dawsonnews.com.

Car plant looking to locate in Dawsonville

Car plant looking to locate in Dawsonville could create 2,000 jobs in coming years

by Lori Robinson

Dawson News & Advertiser

After a somewhat laid back and quiet Dawsonville City Council meeting on Monday, May 4, Mayor Joe Lane Cox took the opportunity during closing announcements to address the possibility of a new car plant coming to the city.

Carolyn Cantrell, a Dawson County native and representative of Talking Rock Realty, presented information regarding the car plant to the council.

The car plant, called Carbon Motors, specializes in cars geared specifically toward law enforcement and is looking at Dawsonville as a potential site for its future facility.

Carbon Motors, based in Atlanta, is considering a site near the controversial site of the soon-to-be constructed Atlanta Motorsports Park (AMP). Elliott Family Parkway has been in the news for the past year as local residents and AMP developer Jeremy Porter went head to head, with Porter receiving unanimous approval from the city council last month to move ahead with construction of AMP - a motorsports country club to be located on approximately 150 acres belonging to the Elliott family on Duck Thurmond Road off Highway 53 West.

The mayor and council, as well as Cantrell, expressed worries that more controversy would ignite over Carbon Motors' potential interest in another parcel of Elliott family property.

"We want people to have all the facts about this, get all the information and then if they're against it, they're against it," Cox said at the meeting Monday.

Cantrell explained that the plant would be a facility to build police cars exclusively. It would not be partnered with any car companies. Rather, Carbon Motors would build each unit from the ground up. The cars would be constructed solely for the safety and comfort of the police officers who would drive them.

"This company has looked at two other sites in the State of Georgia," Cantrell said, addressing the mayor and council. "Things have come up with both of those sites that could possibly put Georgia out of the running for this plant. We heard about it and approached Carbon Motors."

Cantrell said the company initially told her realty company "no," until it was made aware Dawsonville could offer a facility such as AMP for the testing of its vehicles, as well as the Elliott's garage and nearby airport access.

The parcel of land in question is a track of 200-250 acres on Highway 183/Elliot Family Parkway, owned by the Elliott family.

"The first thing we want to make sure is that public knows the Elliott's are not involved in this deal," Cantrell said. "They've got the land, they're selling it, but that's as far as their involvement goes."

Cantrell says it "terrifies" her that Georgia may be passed up on this opportunity.

"We want to come to everyone concerned, let them know what's going on from the very beginning," she said. "Let them know what this company can do for this county as a whole." In the beginning, the plant is estimated to create about 200-250 jobs, with job growth projected to reach nearly 2,000 in the coming years.

"This plant won't be owned or partnered with Ford or any other car maker, so there won't be a large production rate," Cantrell said. "We're guessing somewhere in the neighborhood of 10,000 cars per year. They're starting with a clean slate. They're doing the building marketing and service of the cars and, when these cars wear out, they plan to recycle them. This is a one-company show." Cantrell said the biggest benefit of Carbon Motors coming to Dawsonville Cantrell would be the creation of more local jobs.

"This will enable our children to stay within our county and work rather than having to leave home to find work," she said.

"The difference between here and anywhere else is that they would have to build from the ground up somewhere else," she added. "If they come here, they will already have the potential use of the motorsports park track for testing. They like the idea of Porter's driving course and, when it's totally finished, the executives of the company will come here to look at it. If they're interested, they would have Ernie Elliott's shop where they could set up business immediately."
Cantrell estimates it will be four to six weeks before Carbon Motors' executives will come to Dawsonville.

The executives are still looking at Pooler and Braselton as potential sites but, according to Cantrell, it's obvious that Dawson County and the City of Dawsonville have more to offer.

"We're at the beginning stages of trying to entice [Carbon Motors] to come here. We'd like your support and your help," she said, appealing to the mayor and council, and mentioning Carbon Motors is set on having its site chosen by July of this year.

There are a lot of other states clamoring for this company, Cantrell pointed out. She said only one refused. North Carolina turned down Carbon Motors because of the company's non-union status.

"To us, this is a plus," Cantrell said. "It relieves a company of a lot of pressure that can either make or break it."

In the long run, Cantrell said the plant would save Georgia a lot of money in the purchase of police cruisers.

"It costs more to buy a street car and get it ready for law enforcement in the long run," she said. "These cars won't be cheap, but the operating of them will be 40 percent less than what we are paying now. It makes good sense for cities and counties to replace their old cars with these as they can."

Production of the Carbon Motors' cars in Dawsonville could begin by 2012.

There is another site nearby that also has potential, Cantrell warned. Cherokee County could become a front-runner if Dawsonville turns down the opportunity to welcome Carbon Motors to the community.

"The Cherokee plant would possibly have to transport its cars up here to the track," she said, "so it just makes more sense to have it here."

After listening to Cantrell's presentation, Cox said he appreciated her input.

"I feel it would be a good opportunity," he said. "We've sat on our duffs for too long and let too many opportunities go by. We just want to make sure that all the facts are out there."

"I think it would be most wonderful for the economy of both Dawson County and Georgia if we can get [Carbon Motors] here," Cantrell said. "We jumped on it when we heard that Georgia may be out of the running for it and we're in the process of trying to get them to see Dawsonville as a site of choice."

Cantrell, daughter of the late Duck Thurmond, said she's not worried about an operation like Carbon Motors affecting the quality of life on Highway 183.

"If dad were living, he would applaud this," she said. "Duck Thurmond was absolutely for progress. I know how beautiful that area is up there, I grew up there and I wouldn't do anything to cause harm to it."

She also feels strongly about the importance of what Carbon Motors does.

"My son is in law enforcement. I feel this will improve [officers'] comfort and way of working," she said.

For more information about Carbon Motors, visit http://www.carbonmotors.com/.

Cartoon ad in today's Dawson News & Advertiser about AMP

Image of AMP ad that appeared in today's paper - courtesy of Sam Horner. Enjoy.

And be on the lookout for the below.

Dawson Community News: Letter by James Thurmond

From this week's paper - a great letter penned by James Thurmond.

Thanks to all opposing the park

My name is James Thurmond and I love my family.

I would like to state publicly that, for me, one of the few good things that has come from this terribly wrenching debate over the inappropriate placement of the Atlanta Motorsports Park on Duck Thurmond Road in Dawson County is that I have met so many wonderful people these past few months that I may never have had the real honor of knowing otherwise.

While this debate burns ineffably around us, and what was once a strong, united community now sees its future dangling perilously on the threshold of permanent division, I have met what I modestly consider to be the most compassionate and indomitable group of citizens who, like me, are vehemently against the placement of this park on our road.

I am standing with these citizens against this park because it promises to threaten our lives, our quality of life and our livelihoods in a manner insouciant to everything we hold dear.

Wrapped within the gilded folds of “good intentions” lies a project that will upend the lives of hundreds of families in the surrounding area and mercilessly trample upon the sylvan beauty of our backyards.

We will not find peace next to this noisy and noisome injustice.

This park will rend the very flesh of the restful contentment so many families here have worked so hard to achieve and fought so long to preserve.

Beauty within Dawson County will be threatened. We will become over-developed, over-polluted and over-burdened.

Our fresh air will turn putrid, our trees will be felled and our water will become undrinkable.

I fight this because there is nothing in life I hold dearer or closer to my heart than my family. I would not see them be made to suffer just so some extremely selfish people can have a “place to play.”

I find this attitude deplorable and insulting.

Regardless of the gold-plated promises, I have no doubt that we will all be made to suffer for the careless greed of a few if this project passes.

And when it fails, we, as the taxpayers of this county, will be left holding a wasteland of broken promises, darkness and ashes.

The pieces left will be ours to clean up.

We’ve been called “whiners,” the opposition.

Of course we’re “whiners.” Loud and clear.

I should hope that those supporting this park would whine too if their families were being threatened the way ours are.

But that’s what honorable people do. They fight for their friends and neighbors. They fight for their families.

They ignore the aggrandizing rhetoric and search for the truth.

So, to all the wonderful people I’ve met opposing this park I would like to extend my eternal thanks.

You’ve all shown me that there is indeed still true, unblemished honor left in the world.

Indeed, ever since I’ve met the outstanding citizens united against this park, the number of people I consider family has grown exponentially.

James Thurmond

Dawson County
http://www.dawsonnews.com/news/article/1479/