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Post by 9seccobra on Feb 8, 2012 10:41:41 GMT -5
Their lawyer asked and was granted a continuance - until April. Estimate we had about 30 racers in court room.
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Post by jeremy341a on Feb 8, 2012 10:59:40 GMT -5
Figures they would stall until they know it will at least hurt most of the season.
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Post by eticket on Feb 8, 2012 12:03:04 GMT -5
Maybe what we need to do is to break out the paddle tires and spend weekends plowing the fields. Can't stop the farmers work. Wink, Wink Nod, Nod.
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Tray
Full Member
Posts: 123
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Post by Tray on Feb 8, 2012 12:12:03 GMT -5
Yeah.....didn't last long...but maybe next time we can have more people and show MORE support
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Post by jeremy341a on Feb 8, 2012 12:28:42 GMT -5
I'm all for supporting the track but more people sitting their should not influence the outcome of the case.
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Post by dragbike1000 on Feb 8, 2012 12:54:33 GMT -5
I think everyone should hang mar park support
Signs up every where in the county. Maybe the
Court Will realize how bad the county wants this
Drag strip there, and over rule this landowners
Crybaby crap.
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Post by MontgomeryWriter on Feb 8, 2012 13:41:37 GMT -5
On Wednesday, February 8, attorneys Jeff Hunt representing Mid America Raceway Park and Ivan Schraeder representing the Montgomery County Commission appeared before Judge Keith Sutherland. Plaintiffs’ attorney Mike Seamands was not present but another attorney from his law firm appeared on his behalf. The courtroom was packed with MARP staff and supporters, many wearing MARP t-shirts and most of whom wore neon stickers silently voicing their support. It does not appear that any of the Plaintiffs who are opposing the construction of the drag strip were in attendance.
To the dismay of all MARP staff and supporters, arguments were not presented and the Judge did not issue a decision today. It was agreed by all three attorneys that additional records would be submitted into evidence, including the record from the County Commission in its entirety.
It is tentatively planned that all arguments and evidence will be presented in the form of court filings for the Judge’s consideration and no actual trial will take place. This hearing would take place on Law Day on April 11. If it is not possible for everything to be submitted on paper and a full trial with witnesses must proceed, the case has been set on the number two spot on the docket on April 23. However, there is no guarantee that it would actually get heard on that date, depending on how long the cases presented prior to MARP’s take.
After these dates were set, attorneys Hunt and Schraeder exited the courtroom, followed quickly by MARP staff and supporters. The large number of people exiting at the same time caused a small “traffic jam” in the hall outside of the courtroom and caused a brief delay in the court proceedings.
Hunt and Schraeder then met with MARP staff and some of the supporters in the jury room for a short discussion. Hunt stated that if there is any evidence submitted to the judge that is debatable, meaning that there is no black-and-white legal precedent or other procedure, rule, or law to back up the Plaintiffs' complaints, it will automatically be in favor of the County Commission and MARP. Therefore, the Plaintiffs must definitively prove that the County Commission made some type of procedural or legal error when they issued the Conditional Use Permit granting MARP permission to build the drag strip in order to prevail. Both Hunt and Schraeder stated that they are working to have the case resolved as quickly as possible.
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Post by MontgomeryWriter on Feb 8, 2012 14:08:29 GMT -5
I was just on Facebook and addressed some things that were said there and I'm going to copy and paste it here with some additions.
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I will try to answer some of the questions in the comments above. Note that I am a paralegal, not a lawyer, and don’t claim to be 100% correct but this is my best understanding. I have followed this case from the very beginning in Planning and Zoning.
1-The attorney who has thus far appeared for the Plaintiffs was not there, but another lawyer from his firm appeared in his place. As the hearing only set future court dates and nothing significant happened and no arguments were presented, this is common practice.
2-The Judge is not dragging anything out. This was a decision that all attorneys agreed to. It was not set for trial today to begin with. It was simply a date to SET THE TRIAL DATE. If you look at CaseNet it says:
1/31/12 - Motion for Trial Setting Filed By: JEFFREY BRIAN HUNT
Hearing Scheduled For: 02/08/2012; 9:00 AM
3- The lawsuit was not filed against MARP directly, but is a suit against the County Commission alleging that they should not have issued the Conditional Use Permit allowing the drag strip to be built on property that is zoned for agricultural use.
It is accurate that the Conditional Use Permit is indeed in place and there has been no injunction issued nor anything else to legally prevent construction; however, no one can say with 100% certainty how this will end up. If these people eventually prevail then the CUP will be revoked and anything that has been built must be torn down.
For those that think MARP should go ahead and start building I respectfully suggest you contact Ronnie or Steve to arrange to put up your money to pay for all that with the full knowledge that you will have to eat it should the lawsuit not go in favor of MARP.
MARP is not sitting by doing nothing while all of this is going on. There is a LOT of behind-the-scenes things going on – track personnel certifications, equipment purchased, etc.
Ronnie and Steve, maybe we need to set a day for me to hang out with you guys and take pictures of equipment and such to refute what certain people who have no knowledge of the actual truth are attempting to set forth as fact!
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Post by sg3526 on Feb 8, 2012 14:30:25 GMT -5
Like I said in an earlier post, the legal system is slow and tedious. I wouldn't be surprised if this issue is still unresolved this time next year. Hate to sound like a gloomy Gus but it's just my opinion and I hate that this is dragging on like it is, but hopefully after they get through all of this BS then there will nothing that anyone can do to stop it.
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Post by 06stang on Feb 8, 2012 14:52:51 GMT -5
We just wanted to thank everyone again for all your support at the courthouse today! It is not going unnoticed and having bodies in the room speaks volumes to the judge! The judge was smiling from ear to ear and was very patient with all the supporters as we filed in and then filed out. Pretty much everyone there were supporters of MAR Park! That is amazing! The County Commissioners were very grateful also! As you know already, we are scheduled to go back on April 11 and we will once again be calling on you guys to fill the courtroom.
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Post by miamiman on Feb 8, 2012 19:02:26 GMT -5
there is an old saying" it does not matter who is wrong or who is right but who has the power will win"
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Tray
Full Member
Posts: 123
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Post by Tray on Feb 8, 2012 19:19:06 GMT -5
Agreed......it was nice to be there and be a part of something....the atmosphere was great!
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bud SE/JF 5821
Full Member
Well if there is not going to be a track here,Guess I will haft to move back to the west coast.
Posts: 191
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Post by bud SE/JF 5821 on Feb 8, 2012 20:39:47 GMT -5
ok another suggestion is to build a runway for small airplanes and a taxiway, that is how the drag strip got started to start with, after WW2 guys started racing on abandon air strips and taxi ways, Just ask the Dust Devils in Calif, I have race there many times and the runway was an active runway, if the plaintiffs has got enough money to buy land they don't haft to live on then they probably own an airplanes and they could fly in. lol
I know I know it's not nice to say that, ,But it Funny as hell....
Look out Bammbie here comes the city Slicker, ahhh
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Post by mouthracer on Feb 8, 2012 22:24:59 GMT -5
ok another suggestion is to build a runway for small airplanes and a taxiway, that is how the drag strip got started to start with, after WW2 guys started racing on abandon air strips and taxi ways, Just ask the Dust Devils in Calif, I have race there many times and the runway was an active runway, if the plaintiffs has got enough money to buy land they don't haft to live on then they probably own an airplanes and they could fly in. lol I know I know it's not nice to say that, ,But it Funny as hell.... Look out Bammbie here comes the city Slicker, ahhh Remember why they couldn't build it the first time .The high power lines with Ameren and all the things that fly off cars .LOL |
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Post by falfa on Feb 8, 2012 23:23:01 GMT -5
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Bujang Lah Kau kagak ada btol
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