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.
Showing posts with label Motorsports. Show all posts
Showing posts with label Motorsports. Show all posts
Wednesday, November 18, 2009
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
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. "
"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. "
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