Michigan bill would shield racetracks from neighbor noise lawsuits

Описание: A Michigan lawmaker is pushing new legislation that would shield longtime racetracks from nuisance lawsuits filed by neighbors who move in nearby and then complain about the noise.

When you buy a house, most people take a moment to see what’s around it — both good and, perhaps, less desirable.

An active rail line with loud trains, an airport, a busy freeway or a racetrack.

That last one, racetracks, may be getting a little protection from lawsuits from neighbors if a Michigan lawmaker has his way.

"I'm shut down right now for a lawsuit that was filed last year against me."

Woody Sloan's Onondaga Dragway is about a decade into lawsuits and legal battles. Individual nearby neighbors say his track, which has operated on and off since the 60s, is a nuisance.

“One person that can shut you down, that doesn’t seem fair to me,” Sloan said.

He wasn't in court Thursday morning, or at the track, because he was in Lansing in support of House Bill 5652.

"There's been some issues with people moving into the area. These tracks have been there for sometimes decades and decades and then, even though the people are aware of the tracks in the area, they'll make complaints about the noise,” Rep. Brian BeGole, (R)-71st District, said. “My bill seeks to stop those frivolous lawsuits."

The bill protects Michigan's roughly 30 automobile racetracks.

"This bill does not eliminate oversight. It does not exempt facilities from environmental laws, safety regulations, or local permitting requirements. Nor does it protect them from gross negligence,” Specialty Equipment Market Association State government affairs senior Director Tierra Hubbard said.

What it does is legally shield them from new neighbors either buying or building on nearby property and then filing a nuisance lawsuit against a facility that's already there.

"If a motorsports facility was established lawfully and has continued to operate in compliance with the law, it should not be forced out by newcomers,” Hubbard said.

Nuisance lawsuits can lead to the temporary or permanent shutdown of the tracks. Those in the industry argue that it has a far-reaching economic impact in many of the surrounding communities.

"We are many things not just a racetrack,” Owosso Speedway’s Dennis Wheeler said. “We're a small business. We're an employer, a tourism driver and a gathering place for families across Mid-Michigan."

This doesn't change any current local or state ordinances when it comes to noise, emissions, or policies and procedures for track operation. But it does raise some questions with lawmakers.

"It does say that the immunity provided under this section would apply regardless of any changes to the size, scope, configuration, technology or type of race conducted at the facility,” Rep. John Fitzgerald, (D)-83rd District, said.

In other words, if a track starts racing larger and louder vehicles drawing significantly larger crowds, as it's currently written, they still would be protected.

"That would still be lawful and legal, but it would be, I'd say, unexpected by those local residents who had purchased,” Fitzgerald said. “I just want to maybe have that be considered here as the bill continues to develop about section two here and maybe look at some opportunities to limit that just to ensure that again people are not caught flat-footed with changes around their dwelling.”

READ MORE: https://upnorthlive.com/news/local/mi...
--------------------------------
For all of your news, weather and sports needs: http://www.upnorthlive.com
Like us on Facebook:   / upnorthlive  
Follow us on twitter: @upnorthlive.com
Download our app, available for iPhone and Android!

#traversecity #localnews #news #video #upnorthlive #michigan