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Post by MontgomeryWriter on Nov 18, 2011 9:29:51 GMT -5
I can't figure out how to start a new topic so here is a poll, th eonly thing I could figure out how to do. I posted an article a few hours ago about a lawsuit that has been filed. The article is at countynewslive.com/content/2011/nov/18/llitigation-seeks-put-brakes-nhra-drag-strip-new-florence Ronnie did not know about this until last night. If you download the PDF of the Petition I posted, the date at the top is Nov. 7, which is the date the Circuit Clerk (court) received it. It then had to go through the legal process to get served on the County Clerk for the County Commissioners. That date is at the bottom - Nov. 14. They are under no obligation to call him or me or anyone else. I found it by going on CaseNet because I had a feeling this might happen. After I got the copy of the Petition I called Ronnie. Carolyn Gerding Editor of CountyNewsLive.com/Montgomery Formerly MontgomeryAndMe.com |
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Post by 06stang on Nov 18, 2011 14:55:41 GMT -5
Official Update: We got the news about the track. They surveyor has surveyed the boundaries and are scheduled to return on Wed. However, with this new development we must decide what our next step is. As mentioned before, this is just another bump in the road that we have every intention of racing this spring.
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Post by km69stang on Nov 18, 2011 16:10:37 GMT -5
I talked to Ronnie about this for awhile last night. He says that the county commisioners are actually mad that these people that dont even live in the area have decided that they should be the ones that control how the county is ran and that they have decided to sue over it. WHat is worse is these people have built buildings and outhouses on their property and didnt get any permits and are not even paying taxes on what they have done as far as improvements to their land. That should be interesting because outhouses are illegal in Missouri now and they built them. Imagine the same people that are complaining and accusing the track of not complying with DNR and other agencies arent following the rules themselves!!! Have they not heard people in glass houses shouldnt through stones!! They want another county and judge to overrule the Montgomery County decisions that were made according to the correct procedures. Stay tuned and we will let you know more as it becomes available.
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Post by falfa on Nov 18, 2011 18:21:34 GMT -5
wow.
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Post by dennismopar73 on Nov 18, 2011 20:00:07 GMT -5
Well this came as no surprise, now to overcome, and get this back on track.
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Post by MontgomeryWriter on Nov 18, 2011 23:27:26 GMT -5
Ronnie called me today asking what everyone can do to support the County Commissioners. I cannot make this into a news article, but I can tell you what I know here. I have a degree as a paralegal and have worked for lawyers since 1995 but let me stress I am not a lawyer and I cannot offer actual legal advice. Basically what this lawsuit says is that the Plaintiffs feel that the County Commission didn't do their duty - they feel they should have hired an appraiser to prove or disprove what will happen to property values, they felt that the Missouri Extension sound study wasn't "professional" etc. They want the judge to review the whole thing and put a stop to construction while it is under review and eventually kick out the conditional use permit. I talked to both the Circuit Clerk (for the court and judge) and the County Clerk (for the County Commission) today. There is no point in stopping by or calling the courthouse to voice your support. First of all, the judge is not under any obligation to review what anyone says, secondly, if he would, it would have to be in writing. The Commissioners have nothing to do with this at this point. They made their decision and now it is in the judge's hands. They are the defendants named in the lawsuit, but the lawyers are the ones who battle it out from here. I am going to explain how to check on the status of the case for anyone who does not know. Go to the CaseNet site at www.courts.mo.gov/casenet/base/welcome.do. Click on "case number search" at the top near the middle and enter case number 11AA-CC00042 and hit find. Then click on that case number when it comes up highlighted in blue. Click on the "docket entries" tab. it says is that it was filed on Nov 7 and the filing fee was paid. As silly as it sounds, the Circuit Clerk is required to legally "serve" the County Commission and it has to be done by the proper procedure even they they could have walked over and handed it to them. If you or I were sued, we'd likely get a Sheriff deputy at our door to officially "serve" us. In this case it was sent by certified mail. if you look on the first page of the Petition, you will see the County Clerk's stamp of Nov 14 - that is the day they received it and the Commission was served. The docket entries also say that the certified mail was sent successfully and it was sent to the Plaintiff's attorney. What that means is that the little green card you sign when something is sent certified was received back to the Circuit Clerk's office, and she sent it back to the attorney so he knows the County Commission has been officially and legally served on Nov. 14. The Circuit Clerk's office told me today that it is likely - not definite - that the Plaintiff's attorney's next step will be to request a hearing. If he does that, when the court receives the request, it will get updated here in the docket entries section. Everything that happens will get updated here. If there are any hearings, I will be there. As I said before, the judge is under no obligation to read anything sent by anyone else, but if you have a burning desire to say something, it needs to be in writing. It would go to: CIRCUIT CLERK 211 EAST 3RD STREET MONTGOMERY CITY, MO 63361 You must reference the case number I wrote above, plus "GENE WEISS ET AL V COUNTY COMMISSION OF MONTGOMERY" I will check CaseNet a couple times a week and when i see something new I will post here. Carolyn Gerding |
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Post by MontgomeryWriter on Nov 18, 2011 23:31:43 GMT -5
these people have built buildings and outhouses on their property and didnt get any permits and are not even paying taxes on what they have done as far as improvements to their land. That should be interesting because outhouses are illegal in Missouri now and they built them. Imagine the same people that are complaining and accusing the track of not complying with DNR and other agencies arent following the rules themselves!!! Have they not heard people in glass houses shouldnt through stones!! They want another county and judge to overrule the Montgomery County decisions that were made according to the correct procedures. Stay tuned and we will let you know more as it becomes available. I guess I will have to look into this and if there's something to it, write a news article. : ) You all are used to seeing MontgomeryAndMe.com and you can still go to the site that way, but we will be changing it to CountyNewsLive.com/Montgomery or Montgomery.CountyNewsLive.com soon. My employer runs CountyNewsLive.com which serves the Gasconade County/Hermann area and we are just getting going on Troy/Lincoln County at www.Lincoln.CountyNewsLive.com, and he decided instead of having a whole bunch of names for each place he runs a news site, we will all be CountyNewsLive, which we usually shorten to CNL. Carolyn Gerding |
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Post by crossbonesdennis on Nov 19, 2011 8:16:37 GMT -5
Once again, Thank you Carolyn for covering this and keeping us informed.
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Post by bigblocknotch on Nov 19, 2011 13:09:44 GMT -5
Thanks for the updates Carolyn.
Shouldnt the next Filed document be a request for rezoning? After all, they cant develop the land in the interest of the community with the current zoning.
Not sure if they could do that and not effect the farming around that property.
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Post by megamerc on Nov 19, 2011 14:36:40 GMT -5
Good after noon all, No way are we done yet as most of you that know me and gang! I got some tricks up me fire jacket sleeve !! You all just sit back and hang on !!! Ronnie
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Post by sg3526 on Nov 19, 2011 14:42:08 GMT -5
I say we all get together and buy the cry baby ass wipes out. That way they can pack their toys and leave and we will have a place to race...
By the way, did anyone else go into town the day of the groundbreaking? There were checkered flags and banners everywhere saying welcome racers and race fans. The town and community wants the track there, they can use the revenue. Damn shame that some cry babies that in their words use their property maybe 6 times a year can disrupt what the majority of the area wants.
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Post by km69stang on Nov 19, 2011 15:07:21 GMT -5
By the way, Mike, that is one of the things that has been talked about a little bit. If any body is looking to buy some property, I would suggest trying to talk to some of those whiny ass bitches and see if they want to sell since they are so sure the end is coming and we are all going to rape and pillage their families and animals! Let them get the hell out now while it is still safe!!! Sarcasm off!
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Post by MontgomeryWriter on Nov 19, 2011 15:12:51 GMT -5
Thanks for the updates Carolyn. Shouldnt the next Filed document be a request for rezoning? After all, they cant develop the land in the interest of the community with the current zoning. Not sure if they could do that and not effect the farming around that property. I don't know. I plan to visit the Assessor and the Planning and Zoning next week. P&Z is not open on Mondays. I'll keep everyone updated. Carolyn |
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Post by MontgomeryWriter on Nov 19, 2011 15:14:12 GMT -5
I say we all get together and buy the cry baby ass wipes out. That way they can pack their toys and leave and we will have a place to race... By the way, did anyone else go into town the day of the groundbreaking? There were checkered flags and banners everywhere saying welcome racers and race fans. The town and community wants the track there, they can use the revenue. Damn shame that some cry babies that in their words use their property maybe 6 times a year can disrupt what the majority of the area wants. Even McDonald's did it! montgomeryandme.com/?q=content/new-florence-mcdonalds-officially-welcomes-mid-america-raceway-park |
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Post by dennismopar73 on Nov 19, 2011 15:34:27 GMT -5
This maybe a much to do about nothing as anything. In some cases this may be the best thing to happen, If this passes thru, which it should, then the track has been tested to the full extent .
As any landowners, we all do what we can to protect ours as much as possible , and I wouldn't expect anything less from others!
calling them names or thinking of them in a less light is not going to help the cause, in fact it may incite something far worse, this after all is a public forum and yes even lawyers, etc ,may use this site as evidence against it or for it .
Is it upsetting? yes, aggravating? yes , but it is the prossess that we all use in some form or other .
Lets see the process thru, keep positive that this will all be put to rest in it's timely manner,
we all win when that happens
THANKS CAROLYN, FOR ALL YOU DOING
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