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Defendants want lawsuit dismissed

Developer says matter is ‘frivolous’

POSTED: August 19, 2009 4:00 a.m.
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Billed as a motorsports country club, plans call for nearly two 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.

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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.

 

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