Big Victory for Private MX Tracks in Michigan

Edited Date/Time 7/21/2019 6:20pm

3-0, The Allen Family!!...we won again for the third and final time against the Schoolcraft Township Board!! The track stays and justice prevails!! A huge thanks and shout out goes to Ross D. Plont, attorney out of Grand Rapids, Michigan, for his tenacity, passion and professionalism with the handling of our case. He is a class act and a great friend.

Unfortunately, we continue to be harassed by several people, a select few of whom have attempted to show THEY have more influence and power in the area because they have lived here longer than us. Individuals like Ron Avis, George Goodsell, Judy Jogerst...calling the police and overtly stopping on the road in front of our house to videotape my family, our friends and our property...unbelievable and completely disrespectful...note: I would advise you not to publish or broadcast those videos to the public via any medium.

I will close now with a reiteration to ALL citizens of Schoolcraft Township, and/or any Township for that matter, to refuse to allow your local government to threaten you as they often times have personal interest and no legal standing to do so...we are a perfect example for others to follow.

I encourage all that care to share this via any and all internet forums so that others know they do not have to bow down.

Trevor Allen Racing
Michigan
6
|
yak651
Posts
6703
Joined
8/26/2006
Location
Appleton, WI US
Fantasy
192nd
7/20/2015 9:16am
Yeah, one for the good guys!
Utrider
Posts
459
Joined
8/20/2006
Location
West Haven, UT US
Fantasy
1521st
7/20/2015 9:18am
Good for you!!! I was curious how this was turning out, thanks for posting the progress/results.

The Shop

7/20/2015 9:29am


Our newest addition to the family as of 2 weeks ago...absolutely no need for the CAT tracked skid steer anymore. This thing is a beaut and runs like a dream.
7/20/2015 9:47am
I attached the 9th Circuit Court's (Kalamazoo, MI) findings/opinion regarding our private MX Track...big victory for any/all private MX facilities across Michigan and across the nation potentially. This (our) case has been going on since October of last year and just came to fruition once and for all this past Friday, 07-17-15, when the Circuit Court Judge of Kalamazoo County (court of appeals) found the lower (District Court's) findings affirmed. We beat the township in court 3 times to their 0 since then, with the township having to appeal their losses twice. Well, it's done now and our track stays and continues. This court's findings/opinion needs to be shared across the nation as quickly as possible as their are not many (can't find one on the internet) successful private MX track battles across the state of Michigan or the nation for that matter.
imoto34
Posts
3781
Joined
1/28/2010
Location
TN US
Fantasy
3179th
7/20/2015 9:50am
That is great news, beautiful set up you have got.
mjskier
Posts
1880
Joined
4/1/2008
Location
CO US
7/20/2015 10:10am
Does it look like they could still get you down the line because of noise?
(Bottom of page 7, where they state that a previous similar construction was shut down because of noise)

7/20/2015 10:26am
Im a huge supporter of what you are doing and located in Eaton County Smile
7/20/2015 10:28am
That's awesome! Does that court ruling shut down any future complaints/possible fines for "excessive" noise or any other creative legal wording?

I'm pumped for you and your family. That's a big win for you guys and a step in the right direction for anyone who owns land and wants to use it as they see fit.
RustyDelux
Posts
21
Joined
9/16/2014
Location
Gaines, MI US
7/20/2015 11:40am
Congrats - I own and reside on 15 acres up in Argentine Township. I have plans to move dirt around for the kids once they're a little older. We have tons of people in our area with single track woods loops and you can hear bikes running all day, all summer long.

Sorry you had to go through this, and even before you pushed some dirt together and even rode a bike around.
RustyDelux
Posts
21
Joined
9/16/2014
Location
Gaines, MI US
7/20/2015 11:41am
That's awesome! Does that court ruling shut down any future complaints/possible fines for "excessive" noise or any other creative legal wording? I'm pumped for you and...
That's awesome! Does that court ruling shut down any future complaints/possible fines for "excessive" noise or any other creative legal wording?

I'm pumped for you and your family. That's a big win for you guys and a step in the right direction for anyone who owns land and wants to use it as they see fit.
it looks like the judge boiled this down to he is allowed to use his property like this, and they cannot prevent him. However Noise Ordnance would still be applicable in the future. That's actually why they ruled in his favor mostly, because he hadn't had any noise complaints yet, and they wanted to shut it down before they even fired a bike up.

Too bad. Crummy neighbors can really ruin a good life.
Scrambler_Man
Posts
81
Joined
1/10/2015
Location
Port Orchard, WA US
7/20/2015 12:52pm
You know what else can ruin the good life? Moving to the country to get away from it all, living in peace and quiet for many years and then have someone move in and build a loud ass motocross track that ruins the quiet of the country. But hey, so long as a kid gets his own private track, neighbors be damned.
1
1
RustyDelux
Posts
21
Joined
9/16/2014
Location
Gaines, MI US
7/20/2015 12:56pm Edited Date/Time 7/20/2015 12:57pm
You know what else can ruin the good life? Moving to the country to get away from it all, living in peace and quiet for many...
You know what else can ruin the good life? Moving to the country to get away from it all, living in peace and quiet for many years and then have someone move in and build a loud ass motocross track that ruins the quiet of the country. But hey, so long as a kid gets his own private track, neighbors be damned.
indeed. We all have something we want. Just have to buy enough property to control that. if not, as it goes.

Also - the country side is not exactly quiet. Ever lived near an operational farm? definately not quiet. to the point where the Right to Farm act covers them. Day or night, you can do whatever you want, in the pursuit of farming.
mjskier
Posts
1880
Joined
4/1/2008
Location
CO US
7/20/2015 2:20pm
You know what else can ruin the good life? Moving to the country to get away from it all, living in peace and quiet for many...
You know what else can ruin the good life? Moving to the country to get away from it all, living in peace and quiet for many years and then have someone move in and build a loud ass motocross track that ruins the quiet of the country. But hey, so long as a kid gets his own private track, neighbors be damned.
What you describe is no different than say living in Colorado and then bitching and moaning that a bunch of Californians are moving into the state and now traffic sucks.
If you want peace and quiet, you have to buy enough land around you to guarantee that peace and quiet. Besides that, there is no guarantees.
kkawboy14
Posts
11494
Joined
6/5/2015
Location
TX US
7/20/2015 2:28pm
You know what else can ruin the good life? Moving to the country to get away from it all, living in peace and quiet for many...
You know what else can ruin the good life? Moving to the country to get away from it all, living in peace and quiet for many years and then have someone move in and build a loud ass motocross track that ruins the quiet of the country. But hey, so long as a kid gets his own private track, neighbors be damned.
RustyDelux wrote:
indeed. We all have something we want. Just have to buy enough property to control that. if not, as it goes. Also - the country side...
indeed. We all have something we want. Just have to buy enough property to control that. if not, as it goes.

Also - the country side is not exactly quiet. Ever lived near an operational farm? definately not quiet. to the point where the Right to Farm act covers them. Day or night, you can do whatever you want, in the pursuit of farming.
Pig farming, chicken farming, noisy and smelly.

Michigan country people are all mad they can't afford to go to Florida for the winters anymore :0)

Next time I'm up a Gun Lake I gotta swing by this track, is it open to people born in Michigan raised in Florida? :0)
RangerLee
Posts
927
Joined
7/23/2013
Location
Spring City, PA US
7/20/2015 2:30pm
Here is the thing on noise complaints. That is easily measured. There very well MAY have been noise complaints by the same jerks that tried to shut him down.

However the police are able to measure the noise out to public areas and other private properties, if it does not exceed a certain decibel then they are good. There is a guy in my area that filed a noise complaint on me for my dual sport bike, a KLR650 no less.

One morning I saw a township officer out with his device and looking my way when I drove out. I turned around and spoke to him and found he was measuring the noise and I was no where near a violation. End of story.

I would bet, as loud as 2 strokes are, the noise outside is property is below the threshold.
Racerx930
Posts
767
Joined
4/1/2008
Location
Stillwater, OK US
7/20/2015 2:57pm
Good for you guys.

We are still fighting similar issues here in Oklahoma. We had a neighbor that literally tried everything to shut us down, When they could no longer find anything to legally shut us down they offered to buy us out of our lease. We accepted their mid 5 figure offer and have started to move about 5 miles straight north onto 3 X as much land. Only problem now is we ended up actually having to sue them as they have yet to pay and now claim we tried to defraud them into buying out our lease (It was their idea / offer, not ours.)
Zaugg
Posts
1084
Joined
9/1/2012
Location
Not California, CA US
7/20/2015 3:17pm
You know what else can ruin the good life? Moving to the country to get away from it all, living in peace and quiet for many...
You know what else can ruin the good life? Moving to the country to get away from it all, living in peace and quiet for many years and then have someone move in and build a loud ass motocross track that ruins the quiet of the country. But hey, so long as a kid gets his own private track, neighbors be damned.
@scramber_man. I can see why you'd be upset however one man's peace and quite is another man's motocross track. I think solving this with compromise instead a "my-way-or-the-highway" approach benefits everyone. You have property and want and expect some thing from it; understandable, but your neighbors have the same expectations. You're no more or less important.

When a guy buys property next to you, he could have wild raging parties every night, start an industrial farm, or build a mx track. In the end, the two that are most offensive can be remedied with kindness. (good luck stopping that farm.) This guy tried to do it the right way and his "neighbors" were having non of it...before the track was even built. It then goes thru the court system wasting valuable public resources. Not how I wan my tax dollars spent.

Finally, I guess the whole, "Its a free country" is lost with people who want to use their property the way they want to use their property. Maybe your wife's cooking has an offensive smell, maybe your dogs bark too much, I don't know what it is but I'm sure you're far from a perfect neighbor as well. It's pretty basic. You can't tell your neighbor what to do with his property anymore than he can tell you what to do with yours. (Now if he's riding at midnight then, yeah, you have a right to get pissed.)

Stop fighting fire with fire. My grandpa always said you attract more bees with honey than with vinegar. Unfortunately, most people are trying to attract bees with bad attitudes and closed minds. It just doesn't work like that my man.

Who knows, that guy with the mx track might have a water truck and save your house from burning down one day. Even if you're not nice to him. That's just how moto people are...especially in the Midwest.
Spartacus
Posts
2270
Joined
5/20/2011
Location
PW US
7/20/2015 3:17pm
Good deal and thanks for posting the judgment.

I live in very flat dairy farming country and have a small natural terrain track on the south end of our 100+ acres. Farming is in fact noisy but in the flat terrain the sound from the track goes out 360 degrees. I just try to be respectful and not ride in the early mornings or the evening. Just because I CAN ride whenever I want doesn't mean I want to impact people if I can help it.

Being considerate can't hurt but some people will never be happy if they hear a dirt bike...............

7/20/2015 5:03pm Edited Date/Time 7/20/2015 5:07pm
Thank you, all for your support...even for the comments from that/those of you who don't support our rights for whatever reason...bottom line, clear and simple: the courts have determined three times in a row and for the final time that we are good to go on our property...the/any noise issues are easily abated and mitigated by regulating times, size of bikes (no four strokes), as bad as that is, amount of bikes operating on track at one time, etc. Overall, DO NOT TAKE ANY CRAP FROM YOUR LOCAL GOVERNMENT BODY...make them show you on paper where it is you violated the law...and one final closing: I do not care how long one has lived somewhere...it does not give you more rights to do or not do as you please as far as concern yourself with others...look how far the jerks got fighting us...a FOIA will be submitted to the township hall tomorrow asking to find out just how many thousands of dollars of OUR tax payer money the township WASTED in pursuing a personal vendetta, using the law vexatiously.

1
7/20/2015 5:20pm Edited Date/Time 7/20/2015 5:21pm
Next they will issue you with proof of building permits for the jumps. It happened in Australia every time the track wanted to make a change it had to submit the change to the council (might be different as clubs are a business and probably have to adhere to some OHS bullshit). This track will be shut down at the end of the year it has been operating for over 60yrs. Oh it just happens to be on prime farming land not to far from a major town which can be sub divided.
Show me a non corrupt local government and i'll show you a virging monster energy girl.

Congrats on the win hope this spurs others on.
TeamGreen
Posts
29092
Joined
11/25/2008
Location
Thru-out, CA US
7/20/2015 5:32pm
Stoked for the Allen family.

Were you able to recover your legal costs?
7/20/2015 5:55pm
Thanks TeamGreen...not to worry, our attorney represented us pro bono as he is too an avid MX'er and plans to build the same type of track for his younger son.
2
RonSkj
Posts
2812
Joined
6/20/2008
Location
Radiator Springs, CA US
Fantasy
129th
7/20/2015 6:04pm
Thank you, all for your support...even for the comments from that/those of you who don't support our rights for whatever reason...bottom line, clear and simple: the...
Thank you, all for your support...even for the comments from that/those of you who don't support our rights for whatever reason...bottom line, clear and simple: the courts have determined three times in a row and for the final time that we are good to go on our property...the/any noise issues are easily abated and mitigated by regulating times, size of bikes (no four strokes), as bad as that is, amount of bikes operating on track at one time, etc. Overall, DO NOT TAKE ANY CRAP FROM YOUR LOCAL GOVERNMENT BODY...make them show you on paper where it is you violated the law...and one final closing: I do not care how long one has lived somewhere...it does not give you more rights to do or not do as you please as far as concern yourself with others...look how far the jerks got fighting us...a FOIA will be submitted to the township hall tomorrow asking to find out just how many thousands of dollars of OUR tax payer money the township WASTED in pursuing a personal vendetta, using the law vexatiously.

When you say it was a personal vendetta, do you mean that one or more of you neighbors are connected to city hall?

Post a reply to: Big Victory for Private MX Tracks in Michigan

The Latest