Friday, August 28, 2009
Advertisement by the Dawson Community News for Race Track
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.
Wednesday, June 24, 2009
Dawson News & Advertiser: Motorsports park moves forward despite lawsuit
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.
Tuesday, June 23, 2009
Stolen signs
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
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.”
Wednesday, June 10, 2009
Dawson Community News: 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.
Wednesday, May 13, 2009
Strike that (for now): 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.
Tuesday, May 12, 2009
Car plant looking to locate in Dawsonville
by Lori Robinson
Dawson News & Advertiser
After a somewhat laid back and quiet Dawsonville City Council meeting on Monday, May 4, Mayor Joe Lane Cox took the opportunity during closing announcements to address the possibility of a new car plant coming to the city.
Carolyn Cantrell, a Dawson County native and representative of Talking Rock Realty, presented information regarding the car plant to the council.
The car plant, called Carbon Motors, specializes in cars geared specifically toward law enforcement and is looking at Dawsonville as a potential site for its future facility.
Carbon Motors, based in Atlanta, is considering a site near the controversial site of the soon-to-be constructed Atlanta Motorsports Park (AMP). Elliott Family Parkway has been in the news for the past year as local residents and AMP developer Jeremy Porter went head to head, with Porter receiving unanimous approval from the city council last month to move ahead with construction of AMP - a motorsports country club to be located on approximately 150 acres belonging to the Elliott family on Duck Thurmond Road off Highway 53 West.
The mayor and council, as well as Cantrell, expressed worries that more controversy would ignite over Carbon Motors' potential interest in another parcel of Elliott family property.
"We want people to have all the facts about this, get all the information and then if they're against it, they're against it," Cox said at the meeting Monday.
Cantrell explained that the plant would be a facility to build police cars exclusively. It would not be partnered with any car companies. Rather, Carbon Motors would build each unit from the ground up. The cars would be constructed solely for the safety and comfort of the police officers who would drive them.
"This company has looked at two other sites in the State of Georgia," Cantrell said, addressing the mayor and council. "Things have come up with both of those sites that could possibly put Georgia out of the running for this plant. We heard about it and approached Carbon Motors."
Cantrell said the company initially told her realty company "no," until it was made aware Dawsonville could offer a facility such as AMP for the testing of its vehicles, as well as the Elliott's garage and nearby airport access.
The parcel of land in question is a track of 200-250 acres on Highway 183/Elliot Family Parkway, owned by the Elliott family.
"The first thing we want to make sure is that public knows the Elliott's are not involved in this deal," Cantrell said. "They've got the land, they're selling it, but that's as far as their involvement goes."
Cantrell says it "terrifies" her that Georgia may be passed up on this opportunity.
"We want to come to everyone concerned, let them know what's going on from the very beginning," she said. "Let them know what this company can do for this county as a whole." In the beginning, the plant is estimated to create about 200-250 jobs, with job growth projected to reach nearly 2,000 in the coming years.
"This plant won't be owned or partnered with Ford or any other car maker, so there won't be a large production rate," Cantrell said. "We're guessing somewhere in the neighborhood of 10,000 cars per year. They're starting with a clean slate. They're doing the building marketing and service of the cars and, when these cars wear out, they plan to recycle them. This is a one-company show." Cantrell said the biggest benefit of Carbon Motors coming to Dawsonville Cantrell would be the creation of more local jobs.
"This will enable our children to stay within our county and work rather than having to leave home to find work," she said.
"The difference between here and anywhere else is that they would have to build from the ground up somewhere else," she added. "If they come here, they will already have the potential use of the motorsports park track for testing. They like the idea of Porter's driving course and, when it's totally finished, the executives of the company will come here to look at it. If they're interested, they would have Ernie Elliott's shop where they could set up business immediately."
Cantrell estimates it will be four to six weeks before Carbon Motors' executives will come to Dawsonville.
The executives are still looking at Pooler and Braselton as potential sites but, according to Cantrell, it's obvious that Dawson County and the City of Dawsonville have more to offer.
"We're at the beginning stages of trying to entice [Carbon Motors] to come here. We'd like your support and your help," she said, appealing to the mayor and council, and mentioning Carbon Motors is set on having its site chosen by July of this year.
There are a lot of other states clamoring for this company, Cantrell pointed out. She said only one refused. North Carolina turned down Carbon Motors because of the company's non-union status.
"To us, this is a plus," Cantrell said. "It relieves a company of a lot of pressure that can either make or break it."
In the long run, Cantrell said the plant would save Georgia a lot of money in the purchase of police cruisers.
"It costs more to buy a street car and get it ready for law enforcement in the long run," she said. "These cars won't be cheap, but the operating of them will be 40 percent less than what we are paying now. It makes good sense for cities and counties to replace their old cars with these as they can."
Production of the Carbon Motors' cars in Dawsonville could begin by 2012.
There is another site nearby that also has potential, Cantrell warned. Cherokee County could become a front-runner if Dawsonville turns down the opportunity to welcome Carbon Motors to the community.
"The Cherokee plant would possibly have to transport its cars up here to the track," she said, "so it just makes more sense to have it here."
After listening to Cantrell's presentation, Cox said he appreciated her input.
"I feel it would be a good opportunity," he said. "We've sat on our duffs for too long and let too many opportunities go by. We just want to make sure that all the facts are out there."
"I think it would be most wonderful for the economy of both Dawson County and Georgia if we can get [Carbon Motors] here," Cantrell said. "We jumped on it when we heard that Georgia may be out of the running for it and we're in the process of trying to get them to see Dawsonville as a site of choice."
Cantrell, daughter of the late Duck Thurmond, said she's not worried about an operation like Carbon Motors affecting the quality of life on Highway 183.
"If dad were living, he would applaud this," she said. "Duck Thurmond was absolutely for progress. I know how beautiful that area is up there, I grew up there and I wouldn't do anything to cause harm to it."
She also feels strongly about the importance of what Carbon Motors does.
"My son is in law enforcement. I feel this will improve [officers'] comfort and way of working," she said.
For more information about Carbon Motors, visit http://www.carbonmotors.com/.
