Attorneys for the couple trying to stop construction of a motorsports park in western Dawson County say a security deed signed by EHK Investments confirms the group is a proper party in the lawsuit.
West and Helen Hamryka, whose property sits across from the park site, filed suit last year against EHK, the city of Dawsonville and Atlanta Motorsports Park.
The Hamrykas contend the development would cause a nuisance to their lives and their horse-training business.
Tom Calkins, who represents EHK, appeared in court Friday afternoon to argue that his clients “are strangers to this property at this time.”
EHK, which includes renowned NASCAR engine builder Ernie Elliott, filed a motion for summary judgement, asking to be dismissed from the case on grounds it was an improper party in the suit.
“From our standpoint, EHK no longer owns or controls the AMP property,” Calkins said.
But a court brief filed by attorney Richard Wingate, who represents the Hamrykas, claims EHK’s owner financed the property to Jeremy Porter, founder of Atlanta Motorsports Park, at $1.4 million last September.
“The defendant has repeatedly stated in his brief and elsewhere that he no longer holds ownership interest or control over the AMP property,” Wingate said. “The security deed ... is to secure the purchase price of the property and any future obligations.
“This security deed gives EHK undeniably legal ownership interest in the property and it confirms that EHK is a proper party for this lawsuit.”
Porter’s 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.
Northeastern Judicial Circuit Superior Court Judge Bonnie Oliver did not make a ruling in the case. No subsequent hearing date has been set.
In November, a judge denied the defendants’ motion to dismiss the case, allowing the plaintiffs to move forward.
Porter received a land disturbance permit from the city in mid-March and has begun clearing trees on the site.