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.

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.

Dawson Community News: Judge hears motion in motorsports suit

Judge hears motion in motorsports suit
by Michelle Hester

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

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

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

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

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

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

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

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

Porter’s plan calls for nearly three miles of high performance road course for two- and four-wheel vehicles, a members-only lounge, 10,000 square-foot clubhouse, pool and hiking trails.

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

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

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

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

EHK requests summary judgment in AMP case

by A.J. Puckett

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

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

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