Smoke Signals: Nov. 30 hearing to determine if injunction will halt further AMP construction

Great story below. Thanks to Smoke Signals for publishing an excellent article about the lawsuit. Be there if you can, in red shirts, on Tues., Nov. 30 at 10 am at the Dawson County Courthouse to show your opposition/disgust for this future nuisance.
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Will legal action put the brakes on Dawsonville’s proposed motorsports park?

With city cutbacks, Dawsonville mayor now responsible for oversight of zoning stipulations

By Lynda Zblewski

A November 30 hearing will determine whether a judge will approve an injunction to halt further development at the controversial Atlanta Motorsports Park (AMP) until all legal issues are resolved.

According to a statement issued by Richard Wingate, attorney for the Hamryka family (plaintiffs in this case), Senior Judge John Girardeau will hear the plaintiff’s motion for an interlocutory injunction against the proposed AMP at 10 a.m. on Tuesday, November 30, at the Dawson County Courthouse.

The purpose of the injunction is “to preserve the status quo, so that no further degradation of the environment can occur until the Court has ruled on the merits of Plaintiffs’ claims.”

Following rezoning of 152 acres in April 2009, West Hamryka, who owns a 70-acre horse farm across from the proposed motorsports park, filed suit charging the rezoning action was illegal. The suit claimed the defendants—City of Dawsonville, its mayor and council, Atlanta Motorsports Park, LLC, Jeremy Porter (Forsyth resident and AMP developer), and EHK Investments, LLC—were responsible “for the unlawful interference of [the Hamrykas’] right to enjoy the possession of their property and for the disruption of their business.”

On November 12, 2009, Judge Kathlene Gosselin issued an order completely denying all of the defendants' motions to dismiss the suit.

Resolute and determined
In a recent phone interview with Smoke Signals, West Hamryka’s resoluteness was apparent. He stated emphatically that his “resolve is unrelenting despite the active construction.” When asked if any legal change had occurred since the defendants’ motion to dismiss was denied last November, he said EHK Investments, LLC had been dropped from the suit.

The Hamrykas have also filed several motions according to Wingate “which if granted, will dispose of the lawsuit and prevent the AMP project from being completed because of the illegal rezoning action by the City of Dawsonville.”

Hamryka also stated: “We look forward to our first true day in court. We hope this project will be seen for the nuisance it is and that the court will reverse the illegal rezoning.” This proceeding will be open to the public and he encourages concerned citizens to attend.

Although Hamryka’s suit continues to move forward, work on the motorsports complex has also been allowed to proceed. According to Dawsonville City Clerk, Bonnie Warne, the appropriate land disturbance and signage permits have been applied for and issued to AMP.

The AMP website describes current construction status, along with photos of the progress. Although no building construction has begun, much grading and track work is continuing. As of this writing the AMP website reports they expect to be “operational” by the end of 2010.

Oversight of zoning stipulations
When the rezoning was approved last April, it carried 22 stipulations, a number of which were to be overseen by the Dawsonville Planning Director but, at this time, that position no longer exists. In an interview with Smoke Signals, Dawsonville Mayor Joe Lane Cox explained the oversight of these stipulations was now the responsibility of his office. Cox says he personally visits the site approximately two times a week.

In addition, portions of the construction supervision have been contracted out to Dawson County, as no personnel are employed by the City of Dawsonville to carry out these responsibilities. According to Mayor Cox this oversight is primarily in the area of environmental concerns.

When asked whether there had been any environmental issues, he related that there had been one early incident with regard to silt fencing that resulted in a fine. Since that time AMP has been in compliance. Two Dawson County employees are at the site once a week.

Mayor Cox was asked about one stipulation in particular that pertained to noise monitoring of the decibel level when the track is operational. This stipulation states there are to be a minimum of four sound meters placed around the perimeter of the property that will enable the decibel level to be monitored. The Mayor indicated that he planned to have a person assigned responsibility for monitoring the sound levels by the time the facility opened.

There was brief discussion of the AMP Web site claim that they planned to be operational by year’s end; however, Mayor Cox felt that was quite optimistic. He feels the timetable for opening is more likely next summer.

In a proactive move, a spokesperson for the Big Canoe Company, LLC confirmed that they have completed a sound study within Big Canoe to measure current sound levels. The purpose of this study is to provide a baseline for comparison if noise from AMP becomes an issue within our community.

Link to story:
http://bigcanoenews.com/index.php?option=com_content&view=article&id=4366%3Anov-30-hearing-to-determine-if-injunction-will-halt-further-amp-construction-&catid=87%3Aheadline-stories&Itemid=100001

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.

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.

Court hearing tomorrow

Email making the rounds - see below.

Tomororow Judge Bonnie Oliver will hear EHK Investments, LLC's motion for summary judgement. This is an attempt to gain release from the ongoing lawsuit on the part of EHK Investments, LLC. (Elliott corp). A brief hearing is anticipated at 1:30 at the Dawsonville Courthouse.

This is the first hearing with the new judge. A showing of concerned residents may emphasize the importance this case has to the surrounding community who will be negatively impacted by the motorsports park noise and traffic. We understand this is late notice; however, we ourselves were just informed of this latest development.

AMP has continued stripping the land, ignoring the "undisturbed buffer" required by the rezoning.

"Water conservation shifts into overdrive," but noise abatement plan is in reverse

Hopefully, Porter's dedication to finding the best, enviro-minded urinals around will be duplicated when it comes to building sound buffers for "his neighbors." I know top of the line hay bales are so chic and effective, but I'm sure other meaningful measures exist so he can be a "good neighbor" - which he proclaimed to all in attendance at the rezoning vote last year.

Kudos on the environmental angle, though.

Water Conservation Shifts into Overdrive at Atlanta Motorsports Park with Falcon

Source: Falcon Waterfree Technologies

Apr. 7, 2010

When guests at Atlanta Motorsports Park make a men's room 'pit stop,' they'll have a high-tech, high-performance experience with Falcon Waterfree urinals. The touch-free, waterfree urinals are one of several environmental features at the only green sustainable motorsports park in the world and are estimated to save more than 1 million gallons of water per year, enough to fill 200 tank trucks.

'We've considered the environmental footprint of every aspect of building our motorsports park, and the Falcon Waterfree urinals meet or beat every requirement for high performance and sustainability,' explains Jeremy Porter, CEO of Atlanta Motorsports Park. 'Besides enlisting the top designers for our track and buildings, we're using the best equipment and fixtures such as Falcon Waterfree urinals throughout in order to provide a remarkable and exclusive experience for our club members.'

Rest of release - http://www.environmental-expert.com/resultEachPressRelease.aspx?cid=10534&codi=161483&lr=1

Least he opted for the novelty wallpaper.

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.

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.

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.”

Access North Ga.: Judge rules against defendants in motorsports park suit

More coverage about ruling against Porter and crew.

http://www.accessnorthga.com/detail.php?n=224853

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.

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

Ruling in favor of Hamryka's - lawsuit may proceed

Statement issued by Hamryka's attorney...

"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 12th Order clearly demonstrates that Plaintiffs' lawsuit has merit. "

Dawson News & Advertister - Judge requests more information in case against motorsports park, city

Judge requests more information in case against motorsports park, city

by A.J. Puckett

Dawson News & Advertiser

Defendants Jeremy Porter of Atlanta Motorsports Park (AMP), the City of Dawsonville, and EHK (Ernie Elliott) Investments appeared in court in Dawson County on Friday, Sept. 18, to seek a dismissal of the suit filed against them by Dr. West and Helen Hamryka.

The lawsuit was filed in May, just after the Dawsonville City Council approved the rezoning of the land for the motorsports park. The Hamrykas own a home and horse farm across from the 152-acre car park site on Duck Thurmond Road, off Highway 53 West.

The defendants were requesting the dismissal on the grounds that the individual defendants were not served with the lawsuit in a reasonable amount of time, more than 70 days from the time of filing to the time of serving. The defendants claimed that this gave them an unfair advantage and, if the suit were an appeal, it would have reached a statute of limitations.

The defendants also argued that no nuisance exists to cause the damages the Hamrykas are claiming, the plaintiffs are only claiming there will be one.

The plaintiffs' attorney, Richard Wingate, rebutted the statute of limitations because the suit was filed as a mandamus and a declaratory judgment, of which neither has a statute of limitations.

Wingate argued that while there currently is no nuisance, his clients should not be forced to wait until the nuisance is created to prevent it.

Superior Court Judge Kathlene F. Gosselin did not make a decision on the defendants’ requests for dismissal. Instead, the two sides are to prepare further briefs to be submitted concurrently on Friday, Oct. 2.

Gosselin said that she had considered dropping the nuisance portion of the suit but was interested in seeing case law that was more relevant from the plaintiffs.

“We are happy with how today went and we’re expecting a long court case to come,” West Hamryka said Friday after the hearing.

As part of their case to stop the construction of AMP, the Hamrykas have filed affidavits from clients claiming they would take their business elsewhere if the park is constructed.

“I pray that the law and the process prevail, because we have followed the law
and the process to the letter,” Porter said on Monday.

It also was revealed during the hearing that AMP finalized the purchase of the land from EHK Investments on Sept. 17.

Dawson Community News: Developer closes on car park property

Nice to see the reporter work in the always positive, marketing/promotional copy for Mr. Porter. Additionally, the Dawson News & Advertiser published a story today about the lawsuit. Unfortunately, the paper is not listing entire articles online, so we're unable to post it. Nevertheless, go pick-up a copy for additional coverage on this developing story. Chances are, their take on it will not read like an advertisement for AMP.

EDIT - see above for News & Advertiser story. Called that one.

Developer closes on car park property

Lawsuit will return to court next month

Less than 24 hours before a judge was to rule on a lawsuit aimed at stopping a proposed motorsports park in western Dawson County, the developer closed on the property.

Jeremy Porter must wait about two weeks before he can begin obtaining the necessary permits to begin construction.

The time will give attorneys on both sides an opportunity to resubmit motions and clarify the lawsuit.

West and Helen Hamryka, who live across from the property on Duck Thurmond Road, filed the suit earlier this year against Atlanta Motrosports Park, the City of Dawsonville and EHK (Ernie Elliott).

Friday, the defendants named in the lawsuit asked the court to dismiss the civil case.

Attorneys for the Hamrykas contend the city violated zoning procedure when approving Porter’s rezoning request for the 152 acres in April.

The suit also 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 operate a horse farm on the site.

Superior Court Judge Kathlene Gosselin said she considered tossing out the latter claim since there was no way to know “reasonably certainty” that a nuisance would exist until the park was built.

“It hasn’t happened yet,” she said, adding there would be opportunities throughout the permitting process to claim and prove nuisance. “I am leaning toward granting the motion to dismiss that.”

Instead, Gosselin held off and gave each side two more weeks to prepare briefs and rewrite motions that better suit the case at hand.

Much of the discussions Friday involved the amount of time between when the lawsuit was filed in Superior Court and when the defendants were formally served.

The defendants were not served for more than 40 days, according to statements in court.

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.

Gosselin told attorneys from both sides to determine whether the issue was an appeal.

“This is not an appeal,” said Dawsonville attorney Dana Miles. “They never filed an appeal to the zoning. They also never filed a notice of appeal, which is a separate document from the appeal itself.”

Attorneys for the Hamrykas agreed.

“If this case is dismissed, we could refile it tomorrow, and surely we would,” said attorney Richard Wingate.

Thomas Calkins, attorney for Elliott, who sold the property on Duck Thurmond Road to Porter, said his client “will have no involvement in or control over any construction or development” and “is not a proper party in the lawsuit.”

“Without damage, there can be no cause of action,” Calkins said.

Porter has called the lawsuit, which he said is an attempt to deter investors, frivolous from the
beginning.

But neither investors nor those involved with development have been swayed, according to Porter.

He announced last week Bryan Moss, former chairman of Gulfstream Aerospace, was added to the park’s board of advisors.

He currently also sits on the board for the Skip Barber Racing School and has a deep understanding of motorsports.

“Bryan adds dimension to our team with his vast success in corporate America, his ability to build a world-class brand, and his excellence in serving his clients,” Porter said.

“We plan to tap into that intellectual capital for our business and members to help prevent pitfalls and accelerate the successes.”

Billed as unique and eco-friendly, the 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,” 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.

One condition of the zoning is to have the development running within three years, which Porter said still is the plan.

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.

Dawson News & Advertiser: Motorsports park moves forward despite lawsuit

Plans for the future Atlanta Motorsports Park (AMP) continue to develop with the announcement of a partnership with Tilke Engineers & Architects for the redesign of the track. Tilke has been involved with nearly every modern-era Formula One track constructed in the last 10 years, according to AMP developer Jeremy Porter.

The announcement comes a few weeks after West and Helen Hamryka filed suit against Porter, Atlanta Motorsports Park, the City of Dawsonville, Dawsonville City Council, and EHK (Ernie Elliott) Investments. Elliot is the seller of the property.

The Hamrykas own a home and horse farm across from the 152-acre car park site on Duck Thurmond Road, off Highway 53 West. The Hamrykas say they will be negatively affected by the presence of the park."We are committed to fight and save our home and community from this loud and offensive racetrack," said West Hamryka. "We are disappointed that the mayor and city council betrayed their own citizens in favor of special interest groups, and

I am confident that the voters will remember them on election day."

The suit claims that 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."

However, the suit filed in Dawson County Superior Court is looking to block the construction of the park and for $3 million in damages, plus legal fees. But Porter seems unaffected."

Our investors and members laughed when they heard about the lawsuit," Porter said Tuesday. "This suit is abusing and frivolous."

Porter also mentioned that AMP had yet to be served with the lawsuit as of Tuesday.

According to Porter, the organization has sold more than $400,000 in memberships in the last 35 days.

"We've continued to move forward and do very well on memberships," said Porter.

AMP also is planning an unveiling party for the redesign July 30. Porter has stated that he still plans to break ground later this fall.

"We're expecting a huge ripple effect in the community with the businesses that will come with this project," said Porter.

Earlier this month, AMP announced a partnership with HFD1Motorsports, which provides trackside services and shop performance services to motorcyclists. HFD1Motorsports also services the motorcycle enthusiasts with shop services and maintenance of the motorcycle.

HFD1Motorsports and Balance Motorsports are currently looking at locating their headquarters at AMP. Porter also mentioned that AMP has already declined eight offers from companies interested in locating at AMP.

Porter said he was excited that the Skip Barber Driving School, which is the largest in the nation, will be the official driving school of AMP.

The lawsuit against the City of Dawsonville is claiming that the city failed to follow Georgia's zoning procedure by not requiring a Development of Regional Impact study. The suit claims that such a is required for any "mixed use facility."

On Tuesday, Dawsonville City Clerk Kim Cornelison said the city could not comment on any pending litigation.

AMP plans to unveil the design for the new driving course at 7 p.m. Thursday, July 30, at Hennessey Porsche in Roswell. According to Porter, the new track will be the only Tilke track in the U.S. and will help make AMP the only eco-friendly motorsports park in the world.

Speed Channel Commentator Bob Varsha will be the master of ceremonies for the event. Guests will have the opportunity to study three-dimensional images of the new course. Atlanta Falcons' wide receiver Michael Jenkins and a number of other celebrities will be in attendance.

Stolen signs

So, we hear that the bandit is a 20 something year-old from White Co. that comes down to Dawsonville to steal signs. Comically, this bozo has been spotted in the act - license plate and all. But fortunately for him, Dawson County's finest won't do anything about it. Now act surprised!

Signs on private property are now okay to steal? So, if people steal other items from your yard, I guess that's okay too? The police reportedly said the signage owners needed to have "No Trespassing" signs posted in order to charge the brazen bandit. Nice, eh?

Now that I think about it, I need some new patio furniture, a new lawn mower and a few other items.

Move AMP recommends the following sign:

Lawsuit challenges motorsports park

From the Dawson Community News:

Defendants say case ‘frivolous and abusive’

The attorney for a couple attempting to block the construction of a motorsports country club in western Dawson County vows a lengthy legal battle.

“We are going to fight this all the way,” said Richard Wingate, who represents West and Helen Hamryka.

“The complaint speaks for itself. If build out and construction of the project is as planned, it’s going to just ruin my clients’ livelihood.”

The Hamrykas, who own a home and horse farm across from the 152-acre car park site, have filed suit against developer Jeremy Porter, Atlanta Motorsports Park, the city of Dawsonville, Dawsonville City Council, and EHK (Ernie Elliott) Investments.

The suit, filed last month in Superior Court, 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.

The suit, also claims the city of Dawsonville violated Georgia’s zoning procedure act and should have required a Development of Regional Impact study before approving the “mixed use facility.”

Several defendants in the civil case say the suit is frivolous.

“We think the lawsuit is an abuse of the process,” said co-defendant Jeremy Porter, founder of Atlanta Motorsports Park. “Four different attorneys are telling us they think this is a frivolous and abusive suit.”

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.

As of early this week, the defendants had not seen the lawsuit. Still, Porter said, he sees the filing as a scare tactic.

“We think that by filing a lawsuit they are trying to dissuade investors from buying into the park,” said Porter, adding that he has the opportunity to counter sue, but plans instead to take what he called the “ethical” road.

Porter said the suit has not hindered membership sales.

“The goal is to pay cash for the land, and we think we’re going to be able to do that,” he said.
Landowner and co-defendant Ernie Elliott said last week he is concerned for every property owner in the country if a lawsuit can be filed against a landowner wanting to sell his property.

“We’ve invested in the real estate for ages now with the idea that we’d sell it some day,” Elliott said. “That’s exactly what we’re doing now. We listed the property with a legitimate real estate agent, and now we have a legitimate buyer.

“If they think they can sue the property owner for trying to sell his property, every other property owner in the country should take a hard look at this. It’s going to set some hard precedent.”

Dawsonville administrator Kim Cornelison said the city does not plan to comment on the lawsuit, which it hasn’t received.

“Our attorney has a copy and has perused through it,” she said. “But right now, if we’re not served, as far as we’re concerned, there is no lawsuit.”

Because city ordinances are in question, Wingate said, there was a timeline to file the suit and “certified copies are required in the records.”

“We now have amended the complaint with the certified copies,” he said. “The defendants will be served soon.”

Regardless of litigation, Porter said he plans to break ground on the project this fall.
“We’re coming up swinging,” he said.

Preliminary estimates by the Development Authority of Dawson County have indicated Porter’s project could bring in as much as $4 million in tax revenue over the next decade.

The development could also attract dozens of new jobs to the county.

“We have nothing to do with the racing park,” Elliott said. “That can be verified by anybody. But that’s not to say I’m not for it. I’m for any business that will bring jobs and growth to this county.

“I want to know that if something happens to this business my employees can have the opportunity to go across the street and get high-paying jobs without having to drive to Atlanta.”

Dawson Community News: Porter in talks to lure businesses to car park

Porter in talks to lure businesses to car park

Negotiations between Atlanta Motorsports Park developer Jeremy Porter and a high-performance repair facility that wants to relocate to Dawsonville are in the final stages.

“I’m so excited about the new partnership to bring Balanced Performance Motorsports to AMP,” Porter said.

Billed as the South’s premier repair and performance facility, Balance Performance Motorsports plans to move its entire Sugar Hill operation, which includes maintenance and fabrications, to the motorsports country club site that is expected to break ground in western Dawson County by fall.

“We feel that AMP can offer us and our customers many opportunities not available at our current location,” said Chuck Ellis, co-owner and CEO of Balanced Performance. “We feel AMP can bring us not only an incredible sales and marketing team, but also a world class facility and location that is unmatched in the industry.”

Porter received final zoning approval from Dawsonville City Council in April for the project, which will sit on about 152 acres between Duck Thurmond Road and Hwy. 183.

Neighbors bitterly opposed the project, vowing to fight its approval in court.

According to city clerk Kim Cornelison a lawsuit was filed in Dawson County Superior Court May 7. She said the city has not yet been formally served.

The facility will include nearly three miles of high performance road course for fast, exotic cars, karts and bikes, a members-only lounge, 10,000 square foot clubhouse, pool and hiking trails.

The Balanced Performance partnership will be an added bonus for club members, who will be able to receive free technical and track readiness support from BMP professionals and official tech inspectors for the National Auto Sport Association, said BPM co-owner Jason Plante.

“We want all AMP members to feel confident that their cars are safe and ready to drive,” Plante said.

Porter said other businesses, including a fine dining restaurant, and agencies also are looking at the site.

Among those interested is Track Chic, an organization that celebrates women involved in the racing industry through an online journal documenting their development.

“There is an impressive group of women on the AMP Team working hard to push this forward,” said Track Chic President Theresa Earnheart. “The online journal will go live within the next few weeks and bring an intimate, female perspective on all aspects of AMP’s development. Women who follow along will feel part of the AMP Family as we build momentum for the grand opening.”

Porter said he is awaiting a redesign of the driving course, as required by city council.

Strike that (for now): Dawsonville not in running for car plant

Dawsonville not in running for car plant

Company chairman says report ‘highly inappropriate’

Recent talk that a high performance police car automaker was considering a site in Dawsonville may have been wishful thinking on the part of a local real estate agent.

William Santana Li, chairman and chief executive officer of Carbon Motors, said the announcement was “highly inappropriate” and no discussions have taken place about a possible site in Dawsonville.

“There is one site in Georgia we are focused on and that’s Braselton,” Li said Monday afternoon. “We’re not looking at Dawsonville. There have been no meetings, no discussions. There never were and at this rate there never will be.”

Li said Carbon Motors could decide on a site by the end of July.

“I don’t have time for this, and I don’t appreciate it,” he said.

Carolyn Cantrell made a presentation to the Dawsonville City Council last week, saying she was attempting to woo the automaker to a site across Hwy. 183 from the Elliott Racing Complex.
Cantrell, who could not be reached for comment this week, also facilitated the land sale between the developer of a proposed motorsports park and Ernie Elliott on Duck Thurmond Road.

She told council last week the property was ideal for the automaker due to its proximity to Elliott’s airport and to Atlanta Motorsports Park, which the city council approved last month.
She estimated the plant’s overall economic impact at $3 billion over 10 years, with as many as 2,000 employees by the time the plant reaches full capacity.

Dawsonville Mayor Joe Lane Cox said Tuesday it would have been nice to have the plant in Dawsonville, but he was “just glad they’re wanting to stay in Georgia.”

“This was brought to us,” Cox said. “We didn’t go out and pursue it. We let [Cantrell] speak last week, because like I said then, I wanted to get this started right, with the facts up front, so people would know what’s going on.

Councilwoman Linda Grant echoed Cox’s sentiments.

“Hopefully, by Dawsonville being brought up in the conversation, we will get some companies that will come here and create new jobs. We have so many people, and so many youth, that need work.”

While it may not include Carbon Motors, motorsports park developer Jeremy Porter said industry will follow the site.

Late last week, Porter said he had confirmation that three automotive companies were preparing to relocate to Dawsonville.

“Those three include one major company in the motor world that’s willing to relocate its headquarters to Atlanta Motorsports Park,” he said.

Porter said two motorsports companies in the Sugar Hill area were interested in relocating to Dawsonville.

Steve Holder, planning director for the city, said he has not heard from any specific businesses.
Preliminary estimates by the Development Authority of Dawson County indicated the motorsports park would be an economic stimulator for the area, with other like industry following suit.

According to Porter, legendary Formula One track architects, Tilke, has agreed to design the local course.

“That’s huge,” Porter said. “They are responsible for nearly every modern-era Formula One track designed in the last 10 years. By partnering with the foremost track designer, AMP has taken further steps to ensure we will stand out as North America’s premier facility for motorsports enthusiasts.”

Porter said he continues to talk with other automotive companies that would also fit in well with the motorsports park.

“Others will follow and are paying a lot more attention now that we have the zoning to move forward,” he said.

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