FORT ANN — Jeremy Treadway, owner of the ADK MX Racetrack on Route 149, plans to open in mid-April despite the legal roadblocks he has faced recently.
Six residents who have opposed the motocross track since it first opened last year filed a civil lawsuit against Treadway, the Fort Ann Town Board and the Fort Ann Planning Board on Nov. 27 in state Supreme Court in Washington County.
A preliminary injunction was requested by lawyer Claudia Braymer of Braymer Law on behalf of the plaintiffs: David Campbell, Karen Campbell, Lindsay Carte, Patricia Carte, Claire Greene and Ralph Greene.
Treadway’s new site plan application is pending and will be discussed at the next Planning Board meeting on Jan. 29.
If granted, the restraining order would prevent the Planning Board from granting the defendants a new site plan approval.
The plaintiffs are also asking the court to award them legal fees.
“Plaintiffs have had to expend their own time and money to ask court for relief,” the lawsuit reads.
More than $15,000 in taxpayers’ money has been used on legal fees to defend against these lawsuits, according to Treadway.
“It’s so unfair to (the taxpayers). … This is all for no reason and it’s sad that it’s to come to this,” he said.
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.
The Cartes and the Greenes were reached by phone but declined to comment on their lawsuit. The other two plaintiffs could not be reached.
The group filed an Article 78 lawsuit earlier, challenging the board’s approval of the track, but that was dismissed.
Treadway thinks the preliminary injunction will end with the same result.
“The facts are the facts,” he said. “And the fact is we haven’t done anything we weren’t supposed to do. … We are staying positive because we’ve followed all the rules,” he said.
Fort Ann Planning Board Chairman Don Bedeaux said town officials have done their best.
“We’re doing the best we can. … We’re just going to keep doing what we’re doing,” Bedeaux said Friday morning.
Treadway has scheduled eight races for the spring, five more than he held last year. About 9,500 people came through the gates last year and supported the racetrack, Treadway said.
Other than the residents suing him, Treadway said, he has gotten positive feedback from the community.
“It’s nice to make everyone happy, but it’s not always possible,” he said.
“In this case, we have a small group of people who don’t like the racetrack, and we can’t make everyone happy.”