Opponents will ask a Superior Court judge on Tuesday to halt construction of a motorsports park in western Dawson County.
The testimony Senior Judge John Girardeau is expected to hear likely will be limited to the motion for interlocutory injunction that West and Helen Hamryka filed in October.
The Hamrykas, who live and operate a horse training business on about 70 acres across Duck Thrumond Road from the park site, contend they are “reasonably certain to sustain irreparable damage” if construction continues.
Attempts to reach their attorney were not successful.
Plans for Atlanta Motorsports Park call for about two miles of high performance road course for two- and four-wheel vehicles. Park features also include a members-only lounge, 10,000-square-foot clubhouse, pool and hiking trails.
The Hamrykas filed suit against developer Jeremy Porter shortly after the city of Dawsonville approved zoning for the park in 2008.
The motion for injunction asks to halt construction until a judge or jury can rule on the original complaint.
Porter remains optimistic construction will be allowed to continue, but said he is “sad to see someone try to stop a project that has put five local companies back to work.”
“I’ll be very surprised if the judge grants the motion,” he said.
The city and EHK Investments were also named in the suit, which argues the defendants are responsible for the “unlawful interference” of the plaintiffs’ right to enjoy their property and “for the disruption of their business.”
In addition, the lawsuit also contends the city violated zoning law by not requiring a regional impact study, which is required of mixed use developments.
EHK, which sold the property to Porter, was released from the suit in October after Girardeau ruled that knowing the intention of the site did not establish liability.