Judge grants injunction limiting noise level at motor racing track

[underscore]

This pisses me off, fuck this developer for being stupid and fuck them for making someone else pay for their mistakes.

Judge grants injunction limiting noise level at Okanagan race track | Vancouver Sun

A judge has granted an injunction limiting the noise level at an Okanagan motor car racetrack and ordered the owners of the Motoplex Speedway and Event Park to pay out more than $100,000 in damages.

The speedway, which hosted its first race in August 2000 and twice has featured NASCAR races, was sued by the developer of a nearby retirement housing project and several individual residents.

At trial, one resident described the noise as being “very aggravating” and like constant thunder or a swarm of bees. Others said they had been driven indoors by annoying sounds from the track.

In his ruling, B.C. Supreme Court Justice Peter Rogers found that the speedway, located near the township of Spallumcheen, north of Vernon, had substantially interfered with the individual plaintiffs’ use and enjoyment of their land and constituted a private nuisance.

“I have no difficulty finding that the advent of noise from racing cars was an unreasonable interference with the individual plaintiffs. The noise of racing engines is the antithesis of the kind of gentle background sounds that residents of a rural subdivision can reasonably expect to hear.”

The judge said that very few senior citizens looking for a peaceful, quiet place to have their retirement home would elect to sub-let lots on the planned development, which is within the Okanagan Indian Band Reserve.

“At least, they would not make that election if they knew that between noon and midnight on as many as 18 days during the summer they would be subject to the noisome roar of racing cars.”

The speedway argued that the evidence at trial did not go so far as to establish that the track was a nuisance and said that the plaintiffs had failed to show they had suffered a loss.

The number of races held has decreased significantly in recent years but the judge noted that the township had granted the speedway authority to race 18 days a year and if the track was not regulated, they will be free to resume racing with any class or type of vehicle, including unmufflered NASCAR cars.

For that reason, to protect the individual plaintiffs and allow the Lawrence Heights development to proceed, the judge said the use of the track must be subject to some limits. He granted an injunction stipulating that the noise level must not exceed 80 decibels averaged over a five-minute period.

He found that the racetrack noise had caused some delays in the development of the retirement lots in an upper terrace on the property and awarded the Lawrence Heights developer $100,000 in damages.

The judge also awarded three individual plaintiffs $7,500 each in damages and a fourth resident $5,000 in damages.

[smoothie.]

lets go play them the song of our people.

[604STIG]

Originally Posted by underscore

He found that the racetrack noise had caused some delays in the development of the retirement lots in an upper terrace on the property and awarded the Lawrence Heights developer $100,000 in damages.

WTF? How did "noise" cause delays to the development?

[Indy]

Construction workers too busy enjoying watching the racing instead of building shitty development. lol

[Berzerker]

I would guess it went something like "Fuck that's loud we will never be able to sell these places here. Hold off on building until we fuck over the race track"

Berz out.

[320icar]

Who was there first? That's how I feel. If those new developments were built AFTER 2000, then fuck off. YOU chose to build near a race track. YOU knew the area ahead of time. It's YOUR fuck up and YOU deal with it

[originalhypa]

He granted an injunction stipulating that the noise level must not exceed 80 decibels averaged over a five-minute period.

Seriously?!
That's even lower than what is legal for street cars in the city of Vancouver.

the allowable decibel reading for cars is less than 84 decibels

.....

http://www.vancitybuzz.com/2013/07/v...cles-and-cars/

[Digitalis]

But omg what if these seniors are the same ones that left DT vancouver to get away from the Indy?

[underscore]

They apparently had hearings and approvals for the track back in 1998, it opened in 2000. From my understanding the "development" is fairly new and on leased band land. The stupid thing is the highway runs between the two pieces of land, so there's always going to be lots of noise.

[Lomac]

It's not too far from my place. I think I should take my straight piped Saab and go for a few passes up and down the street every weekend.

[77civic1200]

Maybe take a jerry can and some matches with you....

[Raid3n]

Originally Posted by 77civic1200

Maybe take a jerry can and some matches with you....

It's Lomac, he doesn't need to... lol

[Soundy]

Up next: Burkeville residents sue the airport.

[320icar]

All my friends live there lol. They picket all the time but it's against new runways open up that would shift traffic and emissions right overhead