The court did not grant an injunction to stop construction of the park and motion of discovery of AMP's financials. However, several issues remain (according to the Hamryka's legal team) that could stop the racetrack... so the lawsuit continues.
There will be plenty of coverage about this ruling in the days ahead and we will post the stories to the blog as we find them.
Check back for the latest coverage and lawsuit updates.
Showing posts with label West Hamryka. Show all posts
Showing posts with label West Hamryka. Show all posts
Wednesday, December 1, 2010
Friday, November 19, 2010
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
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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
Thursday, November 11, 2010
AMP lawsuit update: Court date set; plaintiffs filed several motions for summary judgment
Read the below email we received last night regarding the upcoming court date on Tuesday, November 30 at 10 am.
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Email from Dawsonville MSP Opposition (thanks for sending):
Greetings neighbors and concerned members of the community!
The Hamrykas and their attorneys have been working on this case diligently since it began despite the active construction at the site... and the day in court is here!
Tuesday, November 30th, 10:00 a.m., Senior Judge John Girardeau will hear the Plaintiff's Motion for Interlocutory Injunction.
This Motion for Interlocutory Injunction is to preserve the status quo, so that no further degradation of the environment can occur until (in our opinion - it looks like the damage is already done and irreparable) the Court has ruled on the merits of Plaintiffs' claims.
Show up to the court in solidarity, in support of the Hamryka family, and show your desire to preserve the integrity of our community against inappropriate, invasive, high impact businesses invading our homes.
Stand for what is right alongside the Hamrykas.
Thank you and hope to see you at the courthouse Tuesday, November 30th, 10:00 a.m.!
We will send out a reminder along with any potential updates the weekend before the hearing.
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Email from Dawsonville MSP Opposition (thanks for sending):
Greetings neighbors and concerned members of the community!
The Hamrykas and their attorneys have been working on this case diligently since it began despite the active construction at the site... and the day in court is here!
Tuesday, November 30th, 10:00 a.m., Senior Judge John Girardeau will hear the Plaintiff's Motion for Interlocutory Injunction.
The Plaintiffs have asked the Court to halt the development of the AMP Property until all the underlying legal issues have been conclusively resolved. Plaintiffs have filed several Motions for Summary Judgment, 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.
This Motion for Interlocutory Injunction is to preserve the status quo, so that no further degradation of the environment can occur until (in our opinion - it looks like the damage is already done and irreparable) the Court has ruled on the merits of Plaintiffs' claims.
Show up to the court in solidarity, in support of the Hamryka family, and show your desire to preserve the integrity of our community against inappropriate, invasive, high impact businesses invading our homes.
Stand for what is right alongside the Hamrykas.
Thank you and hope to see you at the courthouse Tuesday, November 30th, 10:00 a.m.!
We will send out a reminder along with any potential updates the weekend before the hearing.
Thursday, September 16, 2010
Dawson County News: Porter promises big at chamber event
Car park official speaks at event
The president of Atlanta Motorsports Park spoke at the Dawson County Chamber of Commerce luncheon last week to give members an update on the facility’s progress.
Jeremy Porter told an audience of more than 80 at the monthly gathering Sept. 9 that the new business will pump dollars into the local economy and perpetuate Dawson County’s racing culture.
Porter said the motor sports culture will be cultivated by the facility.
“In my opinion, this is very much a motor sports community,” he said. “The city, the county ... our hope is to continue to bring that culture into the county.”
The Dawson County Chamber of Commerce holds monthly luncheons, where local business and community leaders are invited to speak.
The president of Atlanta Motorsports Park spoke at the Dawson County Chamber of Commerce luncheon last week to give members an update on the facility’s progress.
Jeremy Porter told an audience of more than 80 at the monthly gathering Sept. 9 that the new business will pump dollars into the local economy and perpetuate Dawson County’s racing culture.
Porter said small businesses will follow the park — located in the county’s west end — to Dawson County, stimulating the economy beyond its immediate impact.Porter said that five local construction companies had already been hired to build the park, benefiting the economy.
“You’re going to see a lot of properties and land being taken up,” Porter said. “Businesses will move to this area, which will bring additional jobs and impact the local economy.”
Porter said the motor sports culture will be cultivated by the facility.
“In my opinion, this is very much a motor sports community,” he said. “The city, the county ... our hope is to continue to bring that culture into the county.”
Dawson County resident Jane Graves asked Porter about the ongoing lawsuit against the business, the city of Dawsonville and EHK Investments by West and Helen Hamryka.He said construction is moving along, and that by the end of 2011, a track and garages would be complete.
“We’re still in the midst of that,” Porter said. “I’m very disappointed.”
The Dawson County Chamber of Commerce holds monthly luncheons, where local business and community leaders are invited to speak.
Wednesday, April 21, 2010
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.
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.
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.
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.”
Wednesday, September 23, 2009
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.
It also was revealed during the hearing that AMP finalized the purchase of the land from EHK Investments on Sept. 17.
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.
“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.
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.
Wednesday, June 24, 2009
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
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.
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.
Wednesday, April 15, 2009
Judging by the pictures, we'd fight as well to keep that pristine, secluded area
Great pictures of the Hamryka's farm, as seen in Big Canoe's Smoke Signals. Bottom line, it doesn't matter... wealthy, low income, farm, business owner, middle income, low income - whatever. It stinks for everyone involved next to this pending mess. And people that aren't living next to it and keep talking smack about the opposition and supporting the project. Well, those jackhammers need to be the first ones to trade places with adjacent homeowners. Put up or shut up! If you dig it so much, then move closer to it.
Tuesday, April 14, 2009
Smoke Signals: Dawsonville okays AMP rezoning; Hamryka’s vow to fight on, pursue legal action
Dawsonville okays AMP rezoning
Hamryka’s vow to fight on, pursue legal action By Barbara Schneider
bschneider@bigcanoenews.com
Fifteen minutes into its Monday night meeting, the Dawsonville City Council unanimously approved rezoning 152 acres along Duck Thurmond Road for the proposed Atlanta Motorsports Park.
The Council’s vote will reclassify 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). Before the vote, Steve Holder, Dawsonville’s Planning Director, read 22 stipulations the Council attached to the proposal. When constructed, AMP will be about four miles from Big Canoe’s north gate.
Old business
The zoning change, listed as old business on the Council’s April 13 agenda, comes after months of public meetings, protests from Citizens4 Dawson and concerned neighbors, and a slick PR campaign from AMP developer Jeremy Porter.
As soon as Mayor Joe Lane Cox announced the rezoning was approved -- and while scattered boos and cheers erupted from opposing sides in the crowded council chamber -- AMP’s PR people handed the media a two-page press release beginning with a “We could not have received better news. I am ecstatic,” quote from developer Porter. The release listed “strategic partners and contractors who had already been selected “in anticipation of the [rezoning] approval.”
Opposes AMP
Meeting with the media after the vote, Wes(t) Hamryka, who owns a 70-acre horse farm directly across Duck Thurmond Road from the proposed motorsports park, vowed to continue the fight. “It’s what we expected at this stage,” he said when asked about the council’s vote to approve rezoning. “We are prepared to take this to the next legal step.”
When asked by an Atlanta Journal-Constitution reporter why he would be willing to spend possibly a hundred thousand dollars to fight the city, Hamryka replied, “The Council only voted to change zoning on one property but the precedent is set for the next developer who comes in.” The City, he said, basically threw out the land use plan approved last year. He is prepared to sue the City of Dawsonville for improper spot zoning and willing to take the City through protracted legal battle.
Hamryka’s vow to fight on, pursue legal action By Barbara Schneider
bschneider@bigcanoenews.com
Fifteen minutes into its Monday night meeting, the Dawsonville City Council unanimously approved rezoning 152 acres along Duck Thurmond Road for the proposed Atlanta Motorsports Park.
The Council’s vote will reclassify 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). Before the vote, Steve Holder, Dawsonville’s Planning Director, read 22 stipulations the Council attached to the proposal. When constructed, AMP will be about four miles from Big Canoe’s north gate.
Old business
The zoning change, listed as old business on the Council’s April 13 agenda, comes after months of public meetings, protests from Citizens4 Dawson and concerned neighbors, and a slick PR campaign from AMP developer Jeremy Porter.
As soon as Mayor Joe Lane Cox announced the rezoning was approved -- and while scattered boos and cheers erupted from opposing sides in the crowded council chamber -- AMP’s PR people handed the media a two-page press release beginning with a “We could not have received better news. I am ecstatic,” quote from developer Porter. The release listed “strategic partners and contractors who had already been selected “in anticipation of the [rezoning] approval.”
Opposes AMP
Meeting with the media after the vote, Wes(t) Hamryka, who owns a 70-acre horse farm directly across Duck Thurmond Road from the proposed motorsports park, vowed to continue the fight. “It’s what we expected at this stage,” he said when asked about the council’s vote to approve rezoning. “We are prepared to take this to the next legal step.”
When asked by an Atlanta Journal-Constitution reporter why he would be willing to spend possibly a hundred thousand dollars to fight the city, Hamryka replied, “The Council only voted to change zoning on one property but the precedent is set for the next developer who comes in.” The City, he said, basically threw out the land use plan approved last year. He is prepared to sue the City of Dawsonville for improper spot zoning and willing to take the City through protracted legal battle.
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