Lawsuit filed against County Commission

[dennismopar73]

Right now those landowners wont let anything be built out there !
This also proves just how much and how far landowners right can go.
These landowners are not going to go away unless they get satisfaction of some type.
This is a sad but reality,

[km69stang]

Feb 9, 2012 8:08:02 GMT -5 @dennismopar73 said:

Right now those landowners wont let anything be built out there !
This also proves just how much and how far landowners right can go.
These landowners are not going to go away unless they get satisfaction of some type.
This is a sad but reality,

I dont think that I would go that far and anybody that knows Ronnie knows that he is nowhere near giving up on this thing. While today was a setback it is nowhere near the end and he will keep fighting this thing. That is what the landowners want is for him to just give up, but that isnt going to happen. The law is still on our side and it may just take a little longer to prove that. Dont give up the fight! I am sure that Ronnie, Steve and Dave arent!!

[slim]

I gotta say, the longer this fight continues, (and it is a fight!); the more respect I have for what Marpark is trying to accomplish. Thanks for sticking to it; hopefully one day I'll be racing at your track.

[dennismopar73]

I hope you are correct Kevin, keep pushing!!

[midniteta]

Id tell the land owners that if they dont agree to our terms that we put in the Biggest Hog farm or Worse Turkey farm. NO need for permits to do either. Its farm ground. We all know that it would smell a hell of a lot worse than any drag strip. Thats worse than any noise. Just my 2 cents

[orange66goat]

There are PLENTY more options!, Rock on Ronnie, Steve and Dave!!!! We Appreciate your Diligence, and perseverance!. If there is anything we can do to help let us know!

[sg3526]

In a brief hearing today at the Montgomery County Courthouse, the circuit court today decided to set-up two dates meant to give the judge enough information to decide the case against the Montgomery County Commission. About a dozen property owners near New Florence sued the County Commission in November after the Commission approved a Planning & Zoning decision to grant a conditional use permit for the Mar-Park drag strip near New Florence.

The plaintiffs allege that the County Commission granted the conditional use permit in error. The trial is about whether the County Commission's actions in approving the proposal were proper.

Today, the judge specified all the evidence that will be needed for him to render a decision. He also set April 11 as the next court date for the case.

The judge in the case of the Honorable Keith M. Sutherland. The case is styled, "11AA-CC00042 - Gene Weiss et al v County Commission of Montgomery."

The Montgomery County Commission's attorney -- heavyweight Ivan L. Schraeder of Clayton, Mo. -- told CNL today that if the judge and the attorneys for both sides stipulate on April 11 that the judge has all the evidence he needs, then there will be no need for a trial and the judge will begin his deliberations on the case.

On the other hand, if either side's attorney feels a trial is needed to extract additional evidence for the judge to consider, then the date for that trial was also set today -- for April 23.

Schraeder told CNL that he and opposing counsel continue to talk about the lawsuit, always looking for a possible settlement. That said, he also indicated losing parties often appeal in such cases.

Both Schraeder and County Commissioner John Noltensmeyer told CNL they feel the county followed procedures carefully and the county will prevail in court. Anticipating the possibility of legal action to block the project, County Commissioners closely consulted Schraeder every step of the way last fall in granting the conditional use permit.

Noltensmeyer is still bullish on the Mar-Park project. He said already numerous businesses have now expressed interest in building businesses in New Florence. He said the Mar-Park project could lead to the reopening of the Hardee's restaurant, and a major "name brand" hotel chain has checked into land near where the drag strip would be located. He said another developer has begun looking into developing an RV park nearby.

Said Noltensmeyer, "I don't think the people understand fully the economic development impact that would come from the drag strip."

CNL also learned today that the plaintiffs in the lawsuit sent an offer letter to the developers of Mar-Park. The plaintiffs are suing the County Commission, not the developers. But it is widely expected that if the neighbors settled with the developers, the lawsuit against the Commissioners would go away.

However, the offer letter was not well received by Mar-Park partners Ronald Moss, Steve Stahlschmidt, Dave Hemsath and Maragret Hemsath. CNL spoke to all four partners today at Double Smoked BBQ in New Florence. When asked what they thought of the offer, they laughed. They said it was more of a threat letter than an offer letter.

According to the Mar-Park partners, in the letter the neighbors proposed:
:: The developers pay the neighors at least $112,500 to make-up for alleged reductions in land values
:: The developers pay at least $21,000 in legal fees racked-up so far by the neighbors
:: That Mar-Park not operate (make noise) one weekend every month from May to September
:: That all noise from "top fuel" dragsters cease at 6:00 p.m., every night (top fuel dragsters are not expected to race every weekend, just some weekends)
:: That a tow truck be permanently on-call to tow unathorized vehicles from a driveway the neighbors use
:: That steel gates and signs be installed on Tree Farm Rd. and an easement road
:: And that the developers submit voluntarily to an annual review of their conditional use permit, to be reviewed by the County Commission and local law enforcement

Moss said the letter from the St. Louis lawyer for the neighbors threatened another lawsuit -- "a nuisance lawsuit" -- in the future if the project continues without a settlement with the neighbors.

Mar-Park's Ron Moss said the partners' lawyers have responded to the letter. In that letter, according to Moss, Mar-Park agreed to the steel gates, the signs, and counter-offered to not run races on Easter Sunday and Mothers Day Sunday.

[bud SE/JF 5821]

HaHaHa Can you be leave that, OMG

This sounds like Boonville when the Isle of Capri wanted to build the Boat here the (Rich) people of Boonville didn't want anyone horning in on there privet turf come to find out it has revived the town and doing great (not to mention the boat gives 500,000 bucks a year to the city of Boonville)because of the boat even for my business of Gramma Sophie's Antique is prospering because now all we hear is why isn't our Stores an Restraints open more hours. So from what I read of the letter above is a plane old game of greed by the (Rich) plaintiff.

[nutup]

If they would change the laws to if you are willing to sue someone or place if you lose the case you pay the defendants legal cost and lost wages that would end a lot of crap everywhere and end nuisance law suits for good!!!!

[bud SE/JF 5821]

quote =The developers pay the neighors at least $112,500 to make-up for alleged reductions in land values

What happen if it increases there property value do they (plaintiff) pay MAR or the County ? Hummm

quote =The developers pay at least $21,000 in legal fees racked-up so far by the neighbors

Why would they, They didnt file the suit.


quote =That Mar-Park not operate (make noise) one weekend every month from May to September

So does that mean I-70 needs to be shut down as well it makes noise 24 hours a day 365 days a year, an it only 300 ft away from the site.


quote =That all noise from "top fuel" dragsters cease at 6:00 p.m., every night (top fuel dragsters are not expected to race every weekend, just some weekends)


I would be happy to see top fuel there once a year,


quote =That a tow truck be permanently on-call to tow unathorized vehicles from a driveway the neighbors use

hay I'm all for that, no hart burn there.


quote =That steel gates and signs be installed on Tree Farm Rd. and an easement road

Hay this is a must don't want people there that should not be . safety first.


quote =And that the developers submit voluntarily to an annual review of their conditional use permit, to be reviewed by the County Commission and local law enforcement

This should be a no-brainer except it need to be an independent non partisan group and for recommendation only and isn't Dave the property owner and doesn't he have any rights as such?

[bud SE/JF 5821]

Well I would say I look at all the issues, and what the Hxll, GO GET EM RONNIE,MIKE,DAVE KICK SOME BUTT.

[glow=red,2,300]Nobody remember who won the race

just the ones that crashes[/glow]

[mouthracer]

SOMEBODY'S on a ROLL
take a breath

[bud SE/JF 5821]

hahaha ya I knew someone would read this . lol

[miamiman]

on page 116 i think in the jeggs catalog and in the lower corner there is a race track for sale

[giertenracing]

The toll road investors are going to be mad if they have to shut I-70 down after 6 PM and one weekend a month, due to noise concerns.