An appeal to the Georgia Supreme Court has brought the city of Dawsonville back into the litigation surrounding Atlanta Motorsports Park (AMP).
Last Thursday, appeals were filed with the Georgia Supreme Court on behalf of Dr. West and Helen Hamryka. The Hamrykas own a home and horse farm across from the 152-acre car park site on Duck Thurmond Road, off Highway 53 West.
The Hamrykas first filed suit against the city of Dawsonville in 2009 claiming that the city had illegally rezoned the 152-acre parcel that AMP is located on.
Earlier this year, Senior Judge John E. Girardeau delivered a summary judgement in favor of the city of Dawsonville, releasing the city and its elected officials from the lawsuit.
The Hamrykas lawsuit seeks to block the construction of the park; claiming that 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.
Now the citys attorneys have 20 days to file their reply briefs before the case progresses further.
Dawsonville Attorney Dana Miles said Friday that he didnt expect a resolution to come from the appeal until 2012.
In 2010, Judge Girardeau granted a motion for summary judgement filed by EHK Investments (Ernie Elliott). EHK sold the 152-acre site to the AMP developers and was only involved in part of the overall lawsuit filed by Dr. West and Helen Hamryka.
The motions for summary judgement on counts against AMP and AMP developer Jeremy Porter are still pending.