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.
Wednesday, April 21, 2010
Dawson News & Advertiser: EHK requests summary judgment in AMP case
EHK requests summary judgment in AMP case
by A.J. Puckett
EHK (Ernie Elliott) Investments was in court Friday afternoon for a hearing with Superior Court Judge Bonnie Oliver. EHK, which was named as a defendant in the case surrounding Atlanta Motorsports Park (AMP), filed a motion for summary judgment in February on the grounds that there is “no genuine issue to be tried.”
Oliver did not make a decision during the hearing Friday, according to Thomas Calkins, who represents EHK.
(Rest of story can be found in this week's print edition of the Dawson News & Advertiser. It is subscription only.)
by A.J. Puckett
EHK (Ernie Elliott) Investments was in court Friday afternoon for a hearing with Superior Court Judge Bonnie Oliver. EHK, which was named as a defendant in the case surrounding Atlanta Motorsports Park (AMP), filed a motion for summary judgment in February on the grounds that there is “no genuine issue to be tried.”
Oliver did not make a decision during the hearing Friday, according to Thomas Calkins, who represents EHK.
(Rest of story can be found in this week's print edition of the Dawson News & Advertiser. It is subscription only.)
Thursday, April 15, 2010
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.
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.
Monday, April 12, 2010
"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.
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.
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.
Wednesday, March 17, 2010
Court case proceeding...
The landowner's lawsuit against the track is continuing and from all accounts, things continue to sound promising. We do not have any concrete updates or timeline to provide at this point, but this site will keep all informed when something breaks. Sounds like the AMP-ers are getting antsy based on some Facebook posts. Feel free to go on there and make your opinion's known about this ill-advised race track.
http://www.facebook.com/atlantamotorsportspark
http://www.facebook.com/atlantamotorsportspark#!/group.php?v=wall&ref=ts&gid=59029869928
UPDATE - Per the above pages newest posts... Oh, it's zoned, permitted and some construction has started, but that doesn't mean that a judge can't stop this thing dead in its tracks. The possibility is very real, ongoing and is costly to him and insiders - win, lose or draw. Don't pop the bubbly just yet.
.bmp)
http://www.facebook.com/atlantamotorsportspark
http://www.facebook.com/atlantamotorsportspark#!/group.php?v=wall&ref=ts&gid=59029869928
UPDATE - Per the above pages newest posts... Oh, it's zoned, permitted and some construction has started, but that doesn't mean that a judge can't stop this thing dead in its tracks. The possibility is very real, ongoing and is costly to him and insiders - win, lose or draw. Don't pop the bubbly just yet.
.bmp)
Wednesday, February 3, 2010
The Times of Trenton (NJ) - on NJ.com: Communities everywhere have a right to protection
Letter to the editor:
Communities everywhere have a right to protection
I live in a beautiful, peaceful area of picturesque agricultural land and rural homesites with pristine waterways, which are habitats for endangered species unique to the region, and more than 25,000 acres of protected wildlife management area.
Our city discarded the Land Use Plan and annexed and recently rezoned rural agricultural/residential land to accommodate Atlanta Motorsports Park.
Residents set about to ensure their rights were protected against the noise.
Looking for information, we took our battle to the internet and found Trackracket.org, from which we followed the issues of the New Jersey Motorsports Park in Millville, for information useful to proactively protect our community.
Residential property owners have rights, too. It's unfair for businesses to reap profit while residential property values and quality of life plummet.
When businesses are allowed into existing communities, bringing with them increased traffic and exposure to constantly heightened noise levels, those businesses should be required to responsibly protect the interests of the residents they encroached upon by abiding by reasonably set decibel levels and providing proper, efficient, technologically proven noise barriers.
The community must stand for fair rights to protect residential investments, and, in doing so, raise the bar on planning commissions and elected officials who approve such developments adjacent to residential areas -- that's reasonable, ethical, accountable, successful growth where no one is victimized. Businesses can profit and residents can enjoy their property investments.
In solidarity, I joined Trackracket, because I believe residential property holders, the backbone of a community, deserve fair treatment.
If you don't stand for your rights, you lose them while others profit at your expense. We're watching in Dawsonville, wishing success to the community near the New Jersey Motorsports Park.
Allison Schmitt,
Dawsonville, Ga.
Communities everywhere have a right to protection
I live in a beautiful, peaceful area of picturesque agricultural land and rural homesites with pristine waterways, which are habitats for endangered species unique to the region, and more than 25,000 acres of protected wildlife management area.
Our city discarded the Land Use Plan and annexed and recently rezoned rural agricultural/residential land to accommodate Atlanta Motorsports Park.
Residents set about to ensure their rights were protected against the noise.
Looking for information, we took our battle to the internet and found Trackracket.org, from which we followed the issues of the New Jersey Motorsports Park in Millville, for information useful to proactively protect our community.
Residential property owners have rights, too. It's unfair for businesses to reap profit while residential property values and quality of life plummet.
When businesses are allowed into existing communities, bringing with them increased traffic and exposure to constantly heightened noise levels, those businesses should be required to responsibly protect the interests of the residents they encroached upon by abiding by reasonably set decibel levels and providing proper, efficient, technologically proven noise barriers.
The community must stand for fair rights to protect residential investments, and, in doing so, raise the bar on planning commissions and elected officials who approve such developments adjacent to residential areas -- that's reasonable, ethical, accountable, successful growth where no one is victimized. Businesses can profit and residents can enjoy their property investments.
In solidarity, I joined Trackracket, because I believe residential property holders, the backbone of a community, deserve fair treatment.
If you don't stand for your rights, you lose them while others profit at your expense. We're watching in Dawsonville, wishing success to the community near the New Jersey Motorsports Park.
Allison Schmitt,
Dawsonville, Ga.
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