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The lawsuit against Laguna Seca

Started by deathsled, January 27, 2024, 10:37:48 AM

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deathsled

Here are the details here:

"The lawsuit hopes to target the track by calling into question the track's zoning laws and lack of explicit racing use being in the track's permits."

https://www.hagerty.com/media/opinion/laguna-seca-lawsuit-homeowners-perplexed-as-iconic-race-track-materializes-overnight/?utm_source=SFMC&utm_medium=email&utm_content=MED_UN_NA_EML_UN_UN_WeekendRoadTrip&hashed_email=ed91e4157659d4101e9800c08bbbdc9d75962840af2ac6fa2c52c64e1484682b&dtm_em=ed91e4157659d4101e9800c08bbbdc9d75962840af2ac6fa2c52c64e1484682b


I would use nuisance law as the affirmative defense (that they came to the nuisance)
"To be successful in a private nuisance lawsuit, the plaintiff must prove three private nuisance elements:
1. The plaintiff owns the property.

2. The defendant acted in a way that interfered or disturbed the plaintiff's use or enjoyment of the property.

3. The act was unreasonable.

Coming to the nuisance should be pled as an affirmative defense by the defendant.

I am confident that the track will win and get the suit dismissed however I myself would not let it end there.  I would file a malicious prosecution lawsuit seeking punitive damages against the plaintiffs and also seek sanctions for frivolous pleadings.
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Red paint gold stripes damned she's fast"

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you know ALL those tracks are only used by unsavory crowds....
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98SVT - was 06GT

The rich NIMBY crowd. Same people who try to keep people off "their" public beach in Malibu.
The noise regs have been there forever - in the 80s the guy who owned my GT1 car added a pair of giant magnaflows (4" in/out) and moved the exhaust under the car to try and beat their noise rules. He said he still had to be careful in the area they measured.
There has been a lot of trouble and playing politics the last few years since they booted SCRAMP from running the track.

Previous owner 6S843 - GT350H & 68 GT500 Convert #135.
Mine: GT1 Mustang Track Toy, 1998 SVT Cobra, Wife's: 2004 Tbird
Member since 1975 - priceless

tesgt350

Is this the same Track?

Laguna Seca Raceway is a paved road racing track in central California used for both auto racing and motorcycle racing, built in 1957 near both Salinas and Monterey, California, United States. The racetrack is 2.238 mi long, with a 180 ft elevation change. Wikipedia
Address: 1021 Monterey Salinas Hwy, Salinas, CA 93908
Opened: November 9, 1957
Owner: Monterey County Parks Department
Construction cost: $1.5 million USD
Hours:
Open ⋅ Closes 5 PM
Updated by this business 10 weeks ago
Phone: (831) 242-8201
Former names: Laguna Seca Raceway (1957-2001); Mazda Raceway Laguna Seca (2002–2017)
Coordinates: 36°35′03″N 121°45′13″W / 36.58417°N 121.75361°W

If so, tell those People to Go Pound Sand.

98SVT - was 06GT

Quote from: tesgt350 on January 29, 2024, 01:42:19 PM
Is this the same Track?
Yes originally built on Fort Ord land. https://en.wikipedia.org/wiki/Fort_Ord It was the replacement for the street track through Del Monte forest https://en.wikipedia.org/wiki/Pebble_Beach_Road_Races
I can understand resident frustration with crowds. We quit going to the Historics about 20 years ago due to the crowds and traffic. 

The red is the track - the yellow has mostly been built in the last 10-20 years. There is basically only a 2 lane road between Salinas and Monterey that has to carry all the traffic.
Previous owner 6S843 - GT350H & 68 GT500 Convert #135.
Mine: GT1 Mustang Track Toy, 1998 SVT Cobra, Wife's: 2004 Tbird
Member since 1975 - priceless

NC TRACKRAT

I would think that the economic contribution from the track is huge.  The track should enlist support from hotels, restaurants and shops in the area that would be severely impacted if the track were no longer allowed to operate.
5S071, 6S1467

pbf777

      But, the whining "residents", though they moved into the area probably well aware (and if not, should we be interested in anything they say?) of the presents of the existing (that is: it was there before they were!) track will account for a number of votes at election time!   ::)

      Scott.

     

tesgt350

Quote from: pbf777 on January 31, 2024, 11:14:26 AM
      But, the whining "residents", though they moved into the area probably well aware (and if not, should we be interested in anything they say?) of the presents of the existing (that is: it was there before they were!) track will account for a number of votes at election time!   ::)

      Scott.

     

True. Developers in Tallahassee Who decided to build a couple Subdivisions off Hwy 90 East, which is a major High at I-10.  There are On & Off Ramps and the area IS Zoned Industrial and always have been.  The Developers got them to change the Zoning for their Subdivisions.  About 3 Years ago, Amazon decided they wanted to build a Distribution Center at one of those Off Ramps and built a 600,000 SqFt Warehouse and employs over 1200 People now.  But before they broke ground, the people in those Subdivisions started fighting it, they didn't want the Noise and all the Semi-Trucks coming and going.......... I went to one of the meetings and all I said was, "It's an Industrial Area, what did you THINK was going to be built there?"  Those people did not like THAT.



pbf777

 
Quote from: tesgt350 on February 01, 2024, 11:45:15 AM
I went to one of the meetings and all I said was, "It's an Industrial Area, what did you THINK was going to be built there?"  Those people did not like THAT.


      But the obvious and logical deduction is not always in the majority, and this is an example of why the "Founding Fathers" of the Country created it in the form of a "Republic" where we are supposed to have a "representative" type of governing, this meaning that in reality, not everybody's vote (often even just dumb-ass opinion  ::)) is to be heard, only that of the chosen, supposedly more intelligent voices; this rather than the "mob-rule" of the idealized true "Democracy", which has never succeeded in history!   :o

       Scott.

       O.K., no more politics!   ::)

98SVT - was 06GT

A friend owns a couple private airports. Some "new" residents by his Nevada one went to the city and asked when they were closing the airport. They said we aren't. It all approved and legal by us and the FAA. But my realtor said you were closing it.......
His Arizona one is a fly in residential park. It had been idle for about 8 years because most ot the 15 residents had aged out and sold their planes. It was held in common by all the resident and at risk of going back to the trust of the original owner if it was idle for 10 years. He bought it from the trust so it will now be an airport forever. He's worked out a annual access fee from the other resident to cover the maintenance.
Previous owner 6S843 - GT350H & 68 GT500 Convert #135.
Mine: GT1 Mustang Track Toy, 1998 SVT Cobra, Wife's: 2004 Tbird
Member since 1975 - priceless

tesgt350

Quote from: 98SVT - was 06GT on February 01, 2024, 04:11:49 PM
A friend owns a couple private airports. Some "new" residents by his Nevada one went to the city and asked when they were closing the airport. They said we aren't. It all approved and legal by us and the FAA. But my realtor said you were closing it.......
His Arizona one is a fly in residential park. It had been idle for about 8 years because most ot the 15 residents had aged out and sold their planes. It was held in common by all the resident and at risk of going back to the trust of the original owner if it was idle for 10 years. He bought it from the trust so it will now be an airport forever. He's worked out a annual access fee from the other resident to cover the maintenance.

When I lived in a Mobile Home, I was in a direct flight path of our Airport.  I loved it, the Planes would come in so Low I can see the Tread on their Tires and a couple times I could see and wave to the Pilot and they would wave back.  These are the BIG Jets.  Plus the Military flew their Planes in to our Airport a couple times a week since there were 2 Military Bases close by.  Neighbors complained but I loved it.