FORT ANN — The state Supreme Court in Washington County won’t rule to grant or deny a preliminary injunction for the Fort Ann motocross track until the Planning Board reaches a decision Monday night.
Lawyer Claudia Braymer said the judge adjourned the decision on the case Jan. 3 because he didn’t want to take action on injunction request to allow Planning Board to act first on proposed revised site plan.
“If the Planning Board doesn’t go forward with the site plan, then we don’t need the injunction,” Braymer said Thursday afternoon.
The injunction would prevent the Planning Board from granting a new site approval plan for the motocross track.
The lawsuit was filed by plaintiffs David Campbell, Karen Campbell, Lindsay Carte, Patricia Carte, Claire Greene and Ralph Greene on Nov. 27.
The Cartes and the Greenes could not be reached for comment last week.
The pending lawsuit wasn’t the first attempt at preventing the motocross track from opening.
The group filed an Article 78 lawsuit earlier, challenging the board’s approval of the track, but that was dismissed.
The track’s opponents cite noise, increased traffic, negative impacts on property values and negative changes to the character of the neighborhood as their reasons for wanting it shut down.
Jeremy Treadway, owner of the ADK MX Racetrack, said he doesn’t think the court will grant the preliminary injunction and he wasn’t surprised that the court didn’t come to a decision yet.
“It’s the news we thought we were going to get,” Treadway said Thursday. “There’s nothing for the court to go off of.”
Treadway says he’s going to proceed with his plans to open in the spring and discuss the new site approval plan with the Planning Board.
The new plan has slight modifications from the last site plan, he said.
He has scheduled eight races for the spring, five more than he held last year.
The Planning Board meeting will be held at Town Hall at 7 p.m. Monday.