Posts
648
Joined
10/16/2008
Location
Scottsville, NY
US
Edited Date/Time
1/26/2012 2:49pm
A little background on who this is effecting. My father is Brian Austin. Him and his brother are very well known and respected in Western New York Motocross. Our whole life has revolved around racing. At age 43 my dad won all the local A classes locally then went on to place 2nd at Loretta's in the 40+ class and was a top 5 contender in 35+. He is multi time sportsman of the year and rider of the year. We type this hoping someone might be able to help. This is from the words of my dad:
I am writing this I desparately need some legal help from a lawyer that is also a motorcycle enthusiest.
I have been battling the town of Chili,NY for about 9 years now. I have won some major victories at a great lost to me and my family. A few of my tracks have helped out also. The town is once again coming after me. They are trying to make me either pay them 5k-25k or make me not ride on my 56 acres for 2 years. I will be honest they have taken all my savings and I sold my motorcycle to pay lawyer bills. My wife and I are also working 55+ hours a week. I'm at a point where my lawyers don't want to fight for me anymore because I am literally out of money. I do have a chance to appeal the latest State Supreme Court decision. I was very misrepresented by my lawyers and they don't seem to care about making it right. I believe with someone who cares about OUR rights as motorcyclist we could beat this town in the battle were in. Time is critical in this situation. I am Begging for someone to step forward and help out. I have given up everything I can and the town knows I am out of cash. Please Please help.
Sincerely,
The Austin Family
I am writing this I desparately need some legal help from a lawyer that is also a motorcycle enthusiest.
I have been battling the town of Chili,NY for about 9 years now. I have won some major victories at a great lost to me and my family. A few of my tracks have helped out also. The town is once again coming after me. They are trying to make me either pay them 5k-25k or make me not ride on my 56 acres for 2 years. I will be honest they have taken all my savings and I sold my motorcycle to pay lawyer bills. My wife and I are also working 55+ hours a week. I'm at a point where my lawyers don't want to fight for me anymore because I am literally out of money. I do have a chance to appeal the latest State Supreme Court decision. I was very misrepresented by my lawyers and they don't seem to care about making it right. I believe with someone who cares about OUR rights as motorcyclist we could beat this town in the battle were in. Time is critical in this situation. I am Begging for someone to step forward and help out. I have given up everything I can and the town knows I am out of cash. Please Please help.
Sincerely,
The Austin Family
Why is the town suing you? Why did your lawyers suck?
There are some folks on here that know the legalise. Good luck.
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Turn it into a hog farm and move to West Virginia.
No zoning.
PM me and I'll fill you in on the 120 acre, former mx track I have for sale. No zoning here, also!
If you feel that your lawyers didn't do their job you may have some recourse through the state board, but that's probably a long shot unless their is something blatant.
They want you to pay money to ride on your land? Odd. How would that deal be set up? What's the money for? Final thought, and you don't have to answer...how much have you spent? Would paying 5-25k make this all go away? You are going to be out a lot more than that to finish this.
Name sounds real familiar.
Does the town have any other families that have land to ride on free from town hassle?
Why did they ban MX schools? No lawyer; just it's happened here in Cal where private land that had track(s) on got zoning changed to disallow it.
Any MX tracks still in the town?
Sad thing is, even if you win, you've already lost. Your savings are gone,
the bike is gone, both you and your wife are now basically a slave to the property,.
and you have neighbors that don't want you.
Maybe call the guy that owns Doublin Gap in PA. he's been at the same thing
for as long as I can remember.
But I'm thinkin' Steve's right.
Life is short. Call a few developers, sounds like the place might be worth
something. 56 times 50 thousand is what, a little over 3 million?
For your immediate problem you need someone admitted in NY.
Paul
Just want to give a little update. While my dad was doing normal 12 hour day working for yellow freight as a truck driver, he gets a call from his lawyer. Telling him the town said he has to make a decision by 3 o'clock today if he either wanted to tear everything down and not ride for 2 years, OR option B would be 5-25k fine and have to tear everything down. If fine isn't paid they put that on your taxes. If taxes isn't paid they take your home. My dad tried calling me. Job I work is pretty high on Security so I am not allowed to answer my phone. By the time I called him said he made the decision to stop riding. He had no clue this had to be decided today. I think we are still eligible for appeal in Supreme Court. This is just surreal. Yes my Dad and Uncle did have some speed, actually more heart than speed. Heart like some of the Legends. Never maid it really big but def some great accomplishments. As my dad would say never had all the ingredients. Today is a devastating day in our family. My dad(48) and Mom(42)worked their BALLS OFF( mom never had them...lol) to be able to provide their family with our home. Dads next focus is on selling the land over the next couple years. We were never vindictive. We have thought of everything but my dad always said no were going to do it the honest way. My dad I think has kinda lost hope and put it in gods hands. I still have a shimmer of hope, if anyone could help us, please let us know. Just watch out this kind of stuff is coming to a neighborhood near you.
Man, your Dad sounds like a heck of a good person.
Best wishes and good luck to you guys.
Pit Row
http://www.glennmcgovern.com/PracticeAreas/Motocross-Facility-Law.asp
I have a track myself and have been receiving threats from a neighbor. Noise seems to be the big issue "OF COURSE". It seems that almost no matter where you have a track someone will complain about it.
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